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HomeMy WebLinkAboutMINUTES - 11071995 - SD7 5D .7 ol ,�0�'•'. - _oma TO: BOARD OF SUPERVISORS - \ , Contra n' lill�n1 's Costa FROM: Finance Committee o County DATE: November 7, 1995 STq'coUTt SUBJECT: Substance Abuse Contract Reductions in the Health Service Department SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. APPROVE a $200,000 reduction in substance abuse contracts, which amounts to a 4% cut, effective December 1, 1995 as recommended by staff(See Attachment A) 2. DEFER action on a $21,287 reduction to the Born Free program pending further review by the Finance Committee at its December 4, 1995 meeting. 3. AUTHORIZE the County Administrator to establish a task force to examine future substance abuse policy given funding reductions by the state and federal governments and present an action plan to officials from the state and federal government. The task force should be composed of two supervisors, representation from the County Administrator, Sheriff and Health Services Departments, substance abuse contractors and cities, including police chiefs. 4. The Health Services Department should work with Sheriffs Department during the 1996-1997 budget development process to determine whether funds from the Inmate Welfare Fund can be utilized for mental health services in the detention facilities. BACKGROUND/REASON(S) FOR RECOMMENDATION(5)- At its October 30, 1995 meeting, the Finance Committee considered the Board referral regarding reduction of substance abuse contracts by$221,287 out of a total of$8,168,182 (an overall reduction in contracts of 2.7%). The Health Services Department funds 40 substance abuse contracts, 21 of CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S). Tom Torlakson J Smith ACTION OF BOARD ON NO V 9 9 5 APPROVED AS RECOMMENDED_OTHER X APPROVED the recommendations as set forth above with Recommendation No. 1 amended to approve a $170,000 reduction in substance abuse contracts with no further reductions this fiscal year in the nonprofit substance abuse programs (other than Discovery House) ; and in Recommendation No. 3, APPOINTED Supervisors Desaulnier and Smith as members with Supervisor Bishop as alternate to the Task Force to examine future substance abuse police. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT - - 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Tony Enea,646-4091 ATTESTED November 7 , 1995 cc: CAO PHIL BATCHELOR,CLERK OF Health Services Department THE BOARD OF SUPERVISORS Sheriffs Department AND COUNTY ADMINISTRATOR Substance Abuse Contractors (c/o H I t h. Svcs . ) Supervisor DeSaulnier BY ,DEPUTY Supervisor Smith Supervisor Bishop which would not be affected by the reduction because of dedicated funding. Eighteen contracts would be reduced by 3.98% and one contract, with the Family Stress Center, by $21,287 (Grant funding for this contract has expired and the Department proposes not to continue it, since it would require 100% general fund support). Susan Cinelli, Director of Bi-Bett Corporation, spoke before the Committee on behalf of the contractors. She recommended that the Committee examine alternatives to cutting the contractors, including: 1. divert tax losses reserve revenues; 2 reduce the contingency reserve; 3. reduce the general property budget in General Services; 4. reduce health support to detention facilities; 5. contract out the "residential substance abuse program and apply the savings to the contracts; 6. reduce administrative costs, the particulars of which were pending discussion with the department; In addition, the contractors generally recommended that the Board not backfill funding for programs which were formerly supported by grant funds. They also suggested the County explore the feasibility of a class action lawsuit against the Sobkley vs Smoley decision, which has increased the County's costs for methadone treatment from approximately $500,000 to $1.7 million per year. Staff has examined the options proposed by the contractors. First, however, we would like to thank the contractors for their efforts to identify alternative reduction options for the Board's consideration. Too often in the past, interest groups have taken the position of"don't cut me" without acknowledging the difficulties balancing the County's budget when our resources are being cut. Program reductions are never easy and, certainly, reductions in these substance abuse contracts would not be recommended if not absolutely necessary. Tax Losses Reserve Fund Recently adopted state legislation, AB 818, allows Teeter Plan Counties to reduce their tax losses reserve fund from 2%u to 1%n of all taxes and assessments levied on the secured roll for the 1995-96 fiscal year. The legislation allowed the County to appropriate these revenues to offset revenue shortfall in the Municipal and Superior Courts. The County has already acted to appropriate the maximum allowable to balance these budgets. Contingency Reserve Fund The Contingency Reserve Fund is $10.2 million or 1% of the total $969.6 million budget. The reserve level has remained the same over the past ten years, although, as the overall budget has increased, it has become a smaller and smaller percentage of the total budget. The Board's commitment to maintaining the contingency reserve is a key component to maintaining the County's excellence credit rating, which reduces our cost of borrowing. According to our financial advisor, Arnold Mazotti, this commitment by the Board of Supervisors is an important index for the rating agencies in their assessment of the fiscal prudence of Contra Costa County. With the higher credit rating afforded to the County because of its contingency reserve fund, the County has been able to generate larger arbitrage earnings. These earnings have more than paid for the amount set aside for the contingency reserve. The contingency reserve also helps the County financially as a base resource for generation of interest earnings which are used to help balance the County budget. In FY 85-86, the Board of Supervisors committed to the contingency reserve when it adopted the following policy: "continue the policy recommended by the County's fiscal advisors of maintaining a contingency level of not less than 3% and move toward establishing a 5% level as soon as feasible." This policy was reaffirmed by the Board in its adoption of the FY 86-87 budget, FY 87-88 budget; FY 88-89 budget, FY 88-90 budget and FY 91-92 budget. 2 The financial debacles of Orange County and Los Angeles County have increased the focus of the rating agencies on California's counties. Today it is more imperative than ever before for the Board of Supervisors to firmly stand for fiscal responsibility and not to take any action which may provide a short term relief from difficult decisions, but, in the long term, will increase our financial challenges. Although not specifically mentioned by the contractors, discussion of the Fund Balance is included here, since there is often confusion between the Fund Balance and Contingency Reserve. Fund Balance The amount of unreserved and undesignated fund balances each year are rebudgeted in the next fiscal year. Fund balances are a combination of unexpended appropriations and over realized revenues in one budget year which can be utilized as a funding source for the next fiscal year. The amount of fund balances available for budgeting are shown on schedule one and page one of the Final County Budget General Fund fund balances have remained relatively constant over the last five fiscal years at less than 3 percent of the total County budget. Department budgets have yielded modest fund balances with 20 of 25 departments utilizing 99% of their available budget. General Property Program The general property program in the General Services Department includes property debt service, rents, utilities, vehicles, telephones, communications services, general-funded buildings and grounds maintenance, and revenue Leases for various County properties and,departments. Its $15.17 million budget is 5% higher than the FY 94-95 budget of$14.42 million. The driving force behind the budget increase was occupancy costs, which increased by $780,000 (6%) over which the County has no control. Other Options Please see the memo from the Health Services Department on other budget balancing options. November 6, 1995 Finance Committee Meeting The Committee pursued budget reduction options with staff and the contractors. The Committee concluded that federal and state funding reductions have given the County extremely limited choices for budget reductions and have created serious service gaps with profound implications for the future. As a result, the Committee formulated the four recommendations presented above. The Committee also concurred with staff that if the future reductions in the Health Services Department become necessary this fiscal year, substance abuse contracts would not be reduced except for Discovery House. Finally, the Committee suggested'that if the County contracts out medical services in the detention facilities and is able to reduce costs, the Board consider using a portion of these savings for substance abuse programs in fiscal 1996-97. 3 ATTACHMENT A Contractor Curent Limit Reduction Alcoholism Council $ 109,427 $ 4,355 East County Detox 335,683 13,359 East County Detox 110,392 4,993 C H D 466,535 18,566 New Connections 200,726 7,988 New Connections 154,399 6,145 REACH 147,274 5,861 WCC Youth Services 23,002 915 SRVD 75,961 3,023 Bi-Bett 1,059,249 42,154 Bi-Bett 79,488 3,163 Bi-Bett 18,000 716 Neighborhood House 474,302 18,875 Sunrise House 357,844 14,241 Ujima Family Recovery 305,012 12,138 Ujima Family Recovery 839,440 33,407 East Bay Perinatal 200,768 7,990 Adolescent Treatment Center 68,124 2,711 $5,025,626 200 000 4 L Health Services Department K w;'• ,; OFFICE OF THE DIRECTOR Administrative Offices 20 Allen Street Martinez,California 94553-3191 Phone: (510) �� _ r• 4~~4 Fax: (510)370-5098 G OSSA,COUPI� November 1, 1995 TO: Tony Enea, Senior Deputy County Administrator Sara Hoffman, Senior Deputy County Administrator 911-be) FROM: Patrick Godley, Chief Financial Officer SUBJECT: Finance Committee Report The following in suggested wording for inclusion in the Finance Committee Report: Board Members or Contractors Request for Clarification: * Evaluate closure of Discovery House: An examination of costs associated with this 21-bed residential program reveals that the per diem costs are comparable to those costs associated with contract residential programs($36 per day vs. $27-$60 per day). The acuity of residents at Discovery House is generally higher than that experienced in contract programs. If the projected deficit currently being discussed is not reversed through an increase in State General Fund dollars, within approximately 90 days, the Health Services Department is committed to eliminating this grogram to make up any future funding shortfalls in the Community Substance Abuse Services Division (CSAS); contract providers will not be reduced below the currently recommended levels(see attachment 1). * Grant funded Demonstration Project : As requested by the Contractor's Alliance, and as the stated policy of CSAS, programs funded with time-limited federal demonstration grant funds will cease to be funded unless additional new dollars can be identified. This policy will result in a larger decrease in programs that are funded with federal demonstration grant funds versus those financed through State General Funds. Programs such as Family Stress will see substantial reductions due to the loss of federal funds. These reductions are identical to the reductions that will be experienced by the Community Partnership agencies in December 1995 when federal funds are exhausted (see attachment 2). A-345A (4,92) Contra Costa County * Evaluate eliminating case management vs. direct service: These services are provided with the pregnant and parenting population and with the parolee population. CSAS will continue to examine what core services must be maintained and will continue to minimize the costs associated with supportive services such as case management. * Administrative Costs: The Community Substance Abuse Services Division has made significant reductions in administrative costs over the past several years. From the merger of alcohol and drug services to the downsizing of the administrative structure, CSAS remains committed to efficient service. If further reductions are required, CSAS will eliminate the County-operated residential program and will apply these savings to any deficit. * Examine Detention costs: Detention costs have increased by $475,000 from the 1994/95 Adjusted Budget to the 1995/96 Adopted Budget. No additional County funding was provided to the Health Services Department to fund this increase; internal departmental savings and revenues were utilized. The Department is in the process of developing a Request for Information (RFI) to be distributed to potential bidders to determine the feasibility of contracting out this service(see attachment 3). * Identify how much is spent on Born Free Program- Contract vs. County operated. $429,000 is spent on the County operated portion of Born Free and $75,000 on the Contract portion. * Identify where Substance Abuse funding is spent. See attachment 4. fa ATTACHMENT 1 et P. co m O 1, m N GO cD N M Go H GO N cD a h N N O N � x G) H co 0 N M LO C C It O O co O O L LO O 1O w N O O cD <D O cl1O 04 C14 U et N � yr Q h N CD �D C > N cD (D to O O GO r tO d � N }Q tll C �j to to O st > f~/1 X N co !O {n C U WO GD M 9) y m GD n H :� H N E N N cc GO co co d N Go M — co •L+ O N M Go M C a c ri as cn aCi at ch v� N O Z ui Z W r O N O GD . G O .- cn N GO p H cn M 1O O O r GO <D i Q >_ Ea) U U) ice -q � E IL a O 4 r N � .- 0 a (n OHO O to h c W m mco m y U Q O O .N- tD tD O CCC U a } M r` O t` x LU Z m cc Q '•+ h O lO d p > xF- dLL N y W cn O x y O H C7 M O 0) M t' O CO 1- N O O X C7 N .- r- d o� t0 OO tD h + 0 O H N O U O O O L to O 1O O OGO It It co a 4) O O r GO rO O Z p to M U O N LL Z h s/l C O O rh w Lo$ r O O W) N V O {On � r O p C p = M M O C O M ego E O r_ C lG .0 h n- a U) w 0N N i+ LL In y M V O O O m H H C U D U C `. d O N N N O O O C7 U Z m Z ci U ATTACHMENT 2 O1-Nov-95 CCC - HSD FISCAL 1995/96 SUBSTANCE ABUSE TERMINATING CONTRACTS CONTRACT PAYMENT NUMBER CONTRACT PROVIDER LIMIT --------- ---------------------------- ----------- 24-770 BI-BETT - FAMILY RECOVERY $79,458 (A) 24-775 CCC OFFICE OF EDUCATION - FAMILY RECOV 30,555 (A) 24-659 CHD - DRUG FREE CC 74,570 (B) 24-587 CTR FOR APPLIED LOCAL RESEARCH - OTI 21,200 (C) 24-788 NEIGHBORHOOD HOUSE - FAMILY RECOVERY 153,425 (A) 24-576 NEIGHBORHOOD HOUSE - OTI 156,256 (C) 24-619 NEW PERSPECTIVES - DFSC 54,800 (D) 24-577 PITTSBURG BOYS CLUB / REPLACEMENT- OTI 111,587 (C) 24-694 POLARIS RES & DEVELOP - DRUG FREE CC 52,000 (B) 24-604 SAN RAMON VALLEY COMM SVC-DRUG FREE CC 28,885 (B) 24-609 UNITED WAY/DELTA 2000 - DRUG FREE CC 92,277 (B) 24-607 UNITED WAY/OPPORTUNITY WEST-DRUG FREE CC 152,455 (B) ------------ TOTAL TERMINATING CONTRACTS $1,007,468 (A) GRANT EXPIRES 9/30/96. (B) GRANT EXPIRES 12/31/95. (C) GRANT EXPIRES 8/31/96. (D) GRANT EXPIRES 6/30/96. ATTACHMENT DETBUD96 CONTRA COSTA COUNTY 11/2/95 HEALTH SERVICES DEPARTMENT DETENTION FACILITY EXPENDITURES BUDGET FY 95/96 MARTINEZ WEST COUNTY TOTAL MEDICAL&MENTAL HEALTH SALARIES $2,212,632 $495,729 $2,708,361 BENEFITS 449,199 109,250 558,449 ------ --------- --------- TOTAL SALARIES&BENEFITS 2,661,831 604,979 3,266,810 SERVICES&SUPPLIES 2,192,015 38,546 2,230,561 CAPITAL 3,288 0 3,288 --------- --------- --------- TOTAL. $4,857,134 $643,525 $5,500,659 s asa sss ss sass sss se aeras sss ss MEDICAL SALARIES $1,753,271 $495,729 $2,249,000 BENEFITS 328,796 109,250 438,046 TOTAL SALARIES&BENEFITS 2,082,067 604,979 2,687,046 SERVICES&SUPPLIES 2,011,041 37,871 2,048,912 CAPITAL 3,288 0 3,288 --------- --------- --------- TOTAL $4,096,396 $642,850 $4,739,246 s sera asa as aaca aac ac cccc aac ac MENTAL HEALTH SALARIES $459,361 $0 $459,361 BENEFITS 120,403 0 120,403 --------- --------- --------- TOTAL SALARIES&BENEFITS 579,764 0 579,764 SERVICES&SUPPLIES 180,974 675 181,649 CAPITAL 0 0 0 --------- --------- --------- TOTAL $760,738 $675 $761,413 a accacccc cccc aascc coca sera cc NOTES: (1)MEDICAL EXPENDITURES EXCLUDE JUVENLE HALL NURSING EXPENSES TRANSFERRED TO PROBATION DEPARTMENT. (2)MEDICAL EXPENDITURES INCLUDE CONTRACT PAYMENTS TO BATTERED WOMEN'S ALTERNATIVE AND RAPE CRISIS. (3)MEDICAL S&S INCLUDES INTRADEPARTMENTAL CHARGE FROM MERRITHEW MEMORIAL HOSPITAL AND CLINICS FOR MEDICAL SERVICES RENDERED TO INMATES. (4)MENTAL HEALTH S&S INCLUDES CONTRACT PAYMENTS TO ALAMEDA COUNTY FOR INMATE INPATIENT PSYCHIATRIC SERVICES. (5)MEDICAL S&S INCLUDES PAYMENTS TO OUTSIDE (NON HEALTH DEPARTMENT) PROVIDERS FOR EMERGENCY MEDICAL CARE RENDERED TO INMATES. SOURCE:FY 95/96 BOARD ADOPTED BUDGET. ATTACHMENT 4 w za z0 a.a. Z w w W o o °a°° w OD ICL .. ~ O W p o =� 0 Z -_ 100, w a rn O v v cn Z � Wcl) �e tG (V O (C J r U N Q T Q Q w > a z p Wow o O F z _ � U T7 z J to U CR a m os z Wawo = W w U z o Z O a z Z -4 °d o cn O cl) p = . U .....CIO ...... o 0 Q cn Z 1-- w _ X M W n Oco - �t C6 � r U N o� r cr) 61). Q F zLLI Q p F Z w o O U Z 0 z Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 134e-LA e G- Phone: 7 � o / Address: : G�✓r fiw 1 am speaking for myself or organization: 4r vg �ro�;offers Goa(ri'o�. Ijname of o�anitation) CHECK ONE: -� _ 1 wish to speak on Agenda R&A ifiLL Date: 7195 My will be:'ge�ral- for-� against _ i wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: - Phone: Address: City: 1 am speaking for myself or organization: Q,� , AR, tb, (name of owniiation) CHECK ONE: wish to speak on Agenda It # SIS, 7 e: My comments will be: against . 1 wish to speak on the subject of _ I do not wish to speak but leave these comments for the Board to consider: SD- 7 \ Contra-Costa County Number 24-630-5 Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5922 (Purchase of Services) Account # 2320 NOVATION CONTRACT 1. Contract Identification. Department:Health Services - Community Substance Abuse Services Division Subject: Perinatal Residental Treatment Facility for Women and their Children 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: EAST COUNTY COMMUNITY DETOXICATION CENTER Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 500 School Street, Pittsburg, California 94565 3. Term. The effective date of this Contract is July 1, 1995 and it terminates June 30. 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $106,421. 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. Proiect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: County's Contract #29-488 (State #NNA07-94) with the State Department of Alcohol and Drug Programs and any modifications or revisions thereof; Perinatal Treatment Expansion Funds Plan as approved by the State Department of Alcohol and Drug Programs, copies of which are on file in the Administrative Office 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 § 26227. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By B Ch rman,fi=r r Deputy CONTRACTOR 1'Byei,4—p', A BY (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code S 1190 and Corporations Code S 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) :7AP:PR:0:VALS/ACKNOWLEDGMENT Number 24-630-5 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED C Com. By J ---_ By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: esi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On L'C, 7�/ �i , before me, 19� ?`f�-t/ �J LJ /-f-! Y-/,J (insert name and title of the officer), personally appeared JJ c`/� 2 cT !�u�P /c✓f 4ad 014gl9RaT /37�✓ r proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) 49/are subscribed to the within instrument and acknowledged to me that helske/they executed the same in .b;sOA@r./their. authorized capacity(ies), and that by higAwrltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0"y OFFICEIAALAlton ingWITNESS HAND AND OFFICIAL SEAL. OTARY PUBFORNIACONTRA CNTY Comm.Ex2,1995 (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnhip,or h-AW val) (Civil Cade§1189) Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-630-5 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; [ ] b. $ per unit, as defined in the Service Plan; [ ] 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; or [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 $13,500 payable upon demand on or after July 1, 1995; 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] Initials: 44 ontractor Coun y D pt. 1 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-630-5 [ ] 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. [ ] 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 § 74 . 173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [%] 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, § 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, § 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 Initials:M.- , Jq Contractor Cou ty ePt. 2 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-630-5 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 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 (4 5) 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. ) . Contractor shall submit a separate annual fiscal year audit covering each fiscal year period ending on June 30th under this Initials:_ zA Contractor Cou ty ept. 3 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-630-5 Contract. Contractor shall submit each such annual audit to County no later than 120 days following the end of each fiscal year period hereunder. 9. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133 . If Contractor is funded by $25, 000 to $100, 000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100, 000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually 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. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from 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 and Drug Services Reporting System Manual for County Alcohol Programs and Drug Programs as issued by the State Department of Alcohol and Drug Programs. Allowable costs shall not include remodeling and/or equipment purchases as to any item which has a useful life in excess of three years and/or a value in excess of $500 (or as otherwise may be authorized by the State) , except that part of such costs which can reasonably be charged to depreciation. Initials: Contractor Cou ty ept. 4 BUDGET OF ESTIMATED._PROGRAM EXPENDITURES Fiscal Year 1995-96 Number: 24-630-5 A. GROSS OPERATIONAL BUDGETS Transitional Living 1. COST CATEGORIES Services a. PERSONNEL SALARIES & BENEFITS $ 73 , 121 (Direct Costs) : b. OPERATIONAL COSTS $ 28,923 (Direct Costs) C. INDIRECT COSTS (SUBTOTAL AMOUNT) $ 17,852 2 . TOTAL GROSS ALLOWABLE PROGRAM COST 119 896 B. LESS PROJECTED NON-COUNTY PROGRAM REVENUES (To be collected and provided by Contractor) 1. Client Fees and Insurance $ 13,400 2 . Grants and Subventions -0- 3 . Donations -0- 3 . Miscellaneous Income 75 4. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES $<13 ,475> C. NET ALLOWABLE CONTRACT COST $106,421 TOTAL CONTRACT PAYMENT LIMIT $106,421 D. CHANGES IN BUDGET AMOUNTS. Subject to the Contract Payment Limit and to State guidelines, each cost category Subtotal Amount set forth in Section A. l. above: 1. May vary by up to 10% without approval by County; and 2 . May be changed in excess of 10% provided, however, that Contractor has obtained written authorization prior to May 1, 1996 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 May 1, 1996 from the Department's Substance Abuse Division Director in accordance with Paragraph G. (Budget Report) , below, before implementing any such budget changes. Initials: Contractor Couny ept. 1 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1995-96 Number: 24-630-5 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 May 1, 1996, 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, subject to Special Conditions Paragraph 2 . (Cost Report and Settlement) . Initials: Contractor Count Dept. 2 SERVICE PLAN Number:- 24-630-5- 1. umber: 24-630-51. Scope of Services. Contractor shall provide perinatal residential treatment services for women and their children. Subject to the restrictions and requirements of Contractor's facility license, Contractor will admit eligible persons for services who, in Contractor's judgement, have alcohol and drug dependency as a primary problem, are ambulatory and can take care of their own personal needs, have no serious medical or psychiatric problems, and are willing to abide by Contractor's facility rules. Contractor will admit such persons on a first-come, first-served basis, subject to the priority of services to residents of East County as indicated in ADP's Perinatal Guidelines-1995. Contractor shall make its Admission Policy, which is incorporated herein by reference, available to the public for inspection. 2 . Service Specifications. Contractor shall operate and administer a Perinatal Residential Treatment Facility for not less than six (6) alcohol or drug dependent women and six (6) children. Contractor shall provide the following services for eligible clients hereunder: a. Room and board; b. Individual and group recovery planning; C. Education regarding alcoholism/drug abuse and recovery; d. Recreational activity planning; e. Access to job search resources; f. Access to group/community recovery meetings; g. Access to educational and support group activities on women's and parenting issues; h. Coordinated play activities for children; i. Assistance to mothers in obtaining/coordinating childcare; j . Referral for training/counseling in parenting skills; k. Assistance in developing social skills; 1. Community resources liaison, information and referral services; M. Outreach services to pregnant, post-partum and parenting women; n. Education and referral services regarding HIV infection; o. Education and referral services regarding Tuberculosis infection (Clients denied admission based on capacity shall be referred to another provider of TB services. ) ; p. Outreach activities to inform and encourage clients in need of drug abuse treatment services to undergo such treatment; and q. Participation in County Utilizations Review Committee meetings. Contractor shall keep complete written records, in the form and manner required by County, of HIV/AIDS/TB educational efforts, referral sources, number of clients referred, and Outreach activities. 3 . Service Unit Definition. A unit of Residential Treatment recovery services, for reporting purposes, shall be defined as one mother/child Initials: 0V Contractor Coun y ept. 1 SERVICE PLAN N umber:-24-630-5-d yad umber: 24-630-5dyad in one residential day (called a "residential bed-day") ; i.e. , any portion of a single 24-hour day ending at 12 : 00 midnight during which a client receives the services described above. A pregnant mother is equated with a dyad. Other exceptions may be approved by the County. 4. Number of Service Units. Subject to sufficient referrals by County and other authorized referral sources, Contractor shall provide for County, not less than 2190 Residential Treatment service units (bed days) . 5. Program objectives and Performance Evaluation. Contractor shall provide the above program services so as to achieve the service program objectives set forth in the County's Contract Performance Plan for this Contract which is on file in the Department's Substance Abuse Division offices 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 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, 1996, or 60 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County a Annual Contract Performance Report, in the form and manner prescribed by County's Department Director, or his designee. 7. Charges for Services. Contractor's charges for services, if allowable, to clients, or to other persons responsible for clients, shall approximate estimated actual cost. 8. Administrative Meetings. Provider shall attend regular administrative meetings as required by County's Substance Abuse Division Director, or his designee. Initials: Contractor Couy Dept. 2 SPECIAL CONDITIONS Number 24-630-5 1. Novation. The parties having entered into a prior Contract #24-630-4 for the period from July 1, 1994 through June 30, 1995 (which contained provision for an automatic six-month contract extension through December 31, 1994) , County and Contractor hereby agree to substitute this Contract #24-630-5 for the aforesaid six-month automatic contract extension. Effective July 1, 1995, all contract rights and obligations of the parties will be governed by this Contract #24-630-5. 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 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, 1996, the term of this Contract shall be automatically extended through December 31, 1996. 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: Initials: __ 1 Contractor Cou t 0 Dept. SPECIAL CONDITIONS Number 24-630-5 a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $53,210 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County shall pay Contractor a payment of $8,868 payable upon demand on or after July 1, 1996, and thereafter, monthly payments in accordance with Payment Provisions Paragraph 2 .d. (Payment Amounts) , subject to the six-month Payment Limit specified above. C. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/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. 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 nonexpendable property 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: Initials: a J 0" 2 Contractor C o u ift,y Dept. SPECIAL CONDITIONS Number 24-630-5 a. Cooperate with County in tagging and appropriately identifying all program property and equipment loaned by County for use by Contractor or acquired with Contract funds. b. Establish a property management control system to ensure adequate safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good working repair at all times. C. Investigate, fully document, and immediately report to appropriate police agencies and/or County any loss, theft, or damage to property and equipment. Contractor shall repair or replace all such items within 60 days with items of comparable quality and value. d. Maintain accurate records of all equipment and other such property loaned by County for use by Contractor or acquired with Contract funds, including property description, identification numbers, acquisition date and cost, source, location, use, condition and disposition. 6. Third-Party Payment Liability. Contractor shall be solely responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract, including, but not limited to, any payments that Contractor may owe to contractors or other suppliers for goods and services received by Contractor in the operating, equipping, altering, remodeling, renovating, or repairing of Contractor's program and facilities established under this Contract. In no event shall County be responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract. 7. 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: O&Z 3101 3 Contractor Cou tyDept. 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 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 OWratingProcedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. . 2 Contra Costa County Standard Form 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 1/87 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$$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 1/87 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 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 /i -7-- /I 9s SD 7 Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT 2' (Purchase of Services) Number 24-754-27 Fund/Org # 5915 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-754-26 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Provision of Primary Prevention Services including Information and Referral, "Friday Night Live" and ""Club Live " 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: ALCOHOL AND DRUG ABUSE COUNCIL OF CONTRA COSTA, INC. Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 171 Mayhew Way #101, Pleasant Hill, California 94523 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1. 1995 . 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of F tD OF SUPERVISORS the Board of Supervisors and County Administrator _ 4-0114W By Chaff man/Desig e Deputy CONTRACTOR By By (Designate business dapacity 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 S 1190 and Corporations Code S 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-754-27 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED Ty C By 4e1 By Designee APPROVED: COUNTY ADMINISTRATOR By:- �_���i / 441 Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On a e e.,60.— /ff,i ��9I', before me, (insert name and.�title of the officer), personally appeared ®d s✓. R• /t/y". personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. Lawrence C. smith Deputy Count}SCP�rk Contra Costa Chun, CA Signature ACKNOWLEDGMENT(by Corporetiao, Partnership,or hdividual) (Civil Code 11189) AMENDMENT SPECIFICATIONS Number 24-754-27 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $105,490. 2. Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [%] d. (1) $ 9 , 119 . 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment by 1/12 of the amount paid to Contractor on July 1, 1995; and (2) $ 26. 85 for each unit of service as defined in the Service Plan for provision of not more than 3,928 units of service. " 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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: Initials: Contractor C unty Dept. 1 AMENDMENT SPECIFICATIONS Number 24-754-27 a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $52,745 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $8,791 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials:7-zk Contractor C unty Dept. 2 /i- 7-199,3— 5D, 7 Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT Number 24-513-12 (Purchase of Services) Fund/Org # 5936 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-513-11 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Drug Abuse Prevention, Intervention and Treatment Services in Northwest and Central Contra Costa County 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: NEW CONNECTIONS Capacity: Non-profit Corporation Taxpayer ID # Not ARRlicable Address: 1760 Clayton Road, Concord, California 94520 3. Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator J.BY_ Cha' man/Desig ee Deputy CONTRACTOR ABy >( By 13O. �eD Il/cam '✓P,F-rl' lwi (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code 4 1190 and Corporations Code 4 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-513-12 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED y COUNSEL B C GC.. K� �— -� B Y Y Design y APPROVED: COUNTY ADMINISTRATOR By: — <5 4, -- Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA On lam,Q�sr.,ls4.� IS 1 1`t`tS , before me, C4CM, (insert name and title of the officer), personally appeared :acvY1P.5 Ckc,1D.(*-\ � Gnru V. �aS4.S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. CARRYL KEENAN U Comm No.1071930 D to NOTARY PUBLIC-CALIFORNIA ealpONTRA COSTA COUNTY n Signature MY Commission Expires Sept.14,1999 ACKNOWLEDGMENT(by Corporation,Partnership,or hdividual) (Civil Cods¢1189) AMENDMENT SPECIFICATIONS Number 24-513-12 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Paragraph 4 . (Payment Limit) is hereby decreased to $193,505. 2. Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is modified to read as follows: " [X] d. (1) $16,727. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; and (2) $ 25. 24 for each unit of service as defined in the Service Plan for provision of not less than 7,666 units of service. " 3 . Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 4 . (Number of Service Units) is hereby decreased to 7,666 units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 Initials: tractor unty Dept. -1- AMENDMENT SPECIFICATIONS Number 24-513-12 interruption of payment to Contractor, and to allow County time in which to complete a novation or renewal contract for Contractor and County Board of Supervisors approval. As to any such six-month extension: a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $96,753 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $16,125 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4 . (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: AgEtractor C unty Dept. -2- 1/7-/YY5 SO, 7 Contra Costa County Standard Form 1/87 ?� J CONTRACT AMENDMENT AGREEMENT Number 24-806-1 (Purchase of Services) Fund/Org #-A936 Account # 2320 • Other # 1. Identification of Contract to be Amended. Number: 24-806 Effective Date: August 1, 1995 Department: Health Services - Substance Abuse Division Subject: Drug Abuse Prevention, Intervention and Treatment Services in Pittsburg and the Bay Point Communities of East Contra Costa County 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: NEW CONNECTIONS Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 1760 Clayton Road, Concord, California 94520 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1; 1995. 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator 24e� 00;4) By Chai an/Design a Deputy CONTRACTOR By By , 0A,ep !//Cf Bor1'l" [Jl7a r �CCfe�i r�1 (Designate business capacity A) (Designate business c pacity 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 rice-president and Signature B must be that of the secretary or assistant secretary(Civil Code 4 1190 and Corporations Code 4 313). All signatures must be acknowledged asset forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-806-1 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED B Y Y Designee DepotY APPROVED: COUNTY ADMINISTRATOR By: Desi ee Y�:� ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On oMnUe^ 1 S rt t E _, before me, C M� }S Q`Q Y 14✓� (insert name and title of the officer), personally appeared J t���S �c�Co[r► Cvwk L-MaM U ROS�S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. oc,�,ivaotrocx�oaoc+0000awtxsn WITNESS MY HAND AND OFFICIAL SEAL. CARRN K oEN�AAN COMV NOTARY PUBLIC CALIFORNIA n CONTRA COSTA COUNTY My Cornffi Expires Sept.14,1999 Signature -WrWX%VAAN%%%%%%%V ACKNOWLEDGMENT(by Corporation,Partnership,or►adividual) (Civil Code 11189) AMENDMENT SPECIFICATIONS Number-24-806-1 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $148,845. 2 . Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [X] d. (1) $ 8 , 800. 00 upon demand, on or after August 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on August 1, 1995; and (2) $ 31. 51 for each unit of service as defined in the Service Plan for provision of not less than 4,723 units of service. " 3. Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 4. (Number of Service Units) is hereby decreased to 4,723 units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 Initials: Wq 4�� VIntractor d6unty Dept. -1- AMENDMENT SPECIFICATIONS Number-24-806-1 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 $74,422 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $12,404 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: U-1 X C tractor unty Dept. -2- 1/- 7- /y '7s 5D• 7 Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 24-618-5 Fund/Org # 5922 Account #_232o other # 1. Identification of Contract to be Amended. Number: 24-618-4 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Options for Recovery Case Management Services 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: EAST BAY PERINATAL COUNCIL Capacity: Non-profit Corporation Taxpayer ID#Not applicable Address: 654 - 13th Street, Oakland, California 94612 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995 . 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator zde By Cha rman/Design a Deputy CONTRACTOR By By Designate siness capacity A) (De ignate 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 § 1190 and Corporations Code 5 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-618-5 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNS Z. y G y Des' ee Deputy APPROVED: COUNTY ADMINISTRATOR By: S esi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY O CONTRA COSTA/ ) [C J, before me, (inse me and title of the officerkpersonally appeared i 4 . .4� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. ` (Seal) Si ature Jacquelin=Pigg ACKNOWLEDGMENT(by Corporation,Parftabip,or Imtidu ) �Tty C(Civil CO&11189) Contra Cost AMENDMENT SPECIFICATIONS Number 24-618-5 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $193,546. 2 . Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [X] d. (1) $ 47__55 for each unit of service as devined in the Service Plan for provision of not less than 4070 units of services 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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: Initials: Contractor Count t. -1- AMENDMENT SPECIFICATIONS Number 24-618-5 a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $96,773 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $16,129 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: Mvp J/f 000 ontractor counky bdnt. -2- Contra Costa County //Standard Form i/87 _ r CONTRACT AMENDMENT AGREEMENT 6 (Purchase of Services) Number 24-723-41 Fund/Org # 5915 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-723-39 (as amended by Administrative Amendment Agreement #24-723-40) Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Alcohol Program Services (Recovery Home and Social Model Detoxification Programs) 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: NEIGHBORHOOD HOUSE OF NORTH RICHMOND Capacity: ' Non-profit Corporation Address: 305 Chesley Avenue, Richmond, California 94801 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1. 1995 . 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator By C irman/ Deputy CONTRACTOR By By (Designate business capacity A) Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code § 1190 and Corporations Code 5 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number. 24-723-41 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED nnr-c TvUNSE-L B 4 r s BIL Y Y K '6 Designee Y APPROVED: COUNTY ADMINISTRATOR 1 By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On d_ C�C� "c � q , before me, 0�0.��. /111*�1C11 (insetname and titl f the officer), personally appeared �;�(1 P 2�JQO _ MA personally known to meoW proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that fie/ ey executed the same in Lhi;>rwA eir authorized capacity(ies), and that by het signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. w '• DEBRA J.DIAS S: s . COMM.#1046875 «; NotoC—Calif0mic CO STA COUNTY t ;reN My Comm.Expirm DEC If.1998 ACKNOWLEDGMENT(by Cwporedon, PeMership,or Mvidual) (Civil Code§1189) AMENDMENT SPECIFICATIONS Number 24-723-41 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein (as amended by Administrative Amendment Agreement #24-723-40) , as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4 . (Payment Limit) is hereby decreased to $458,996. 2 . Modification of Payment Provisions. The Payment Provisions paragraph (Modification of Payment Provisions) of Administrative Amendment Agreement #24-723-40, is hereby deleted and replaced with a new subparagraph d. , to read as follows: " [%] d. (1) $ 39 ,525. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; and (2) $ 31. 04 for each Recovery Home/AGAP Client Bed Day unit of service as defined in the Service Plan not to exceed 4,915 units of service; and (3) $ 52 . 07 for each Social-Setting Detox Client Bed Day unit of service as defined in the Service Plan not to exceed 5,885 units of service. " 3 . Automatic Contract Extension. Special Conditions Paragraph 4. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 114. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. During its extended term, this contract is nevertheless subject to all the terms and c iti Initials: kl_ ` -1- Cont forounty Dept. AMENDMENT SPECIFICATIONS Number 24-723-41 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 $229,498 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $38,250 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4 . (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." ' Initials: -2- Contr or C my 'Dept-. -7- /995; Sp, 7 contra 1. Costa County Number 24-617-4 Standard Form 1/87 NOVATION CONTRACT Fund/Org # 5922 T (Purchase of Services) Account # 2320 NOVATION 1. Contract' Identification. Department: Health Services - Community Substance Abuse Services Division Subject: Perinatal Program Services: Residential and Outpatient Alcohol and Drug abuse Treatment Services for Women (Options for Recovery Project) 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: UJIMA FAMILY RECOVERY SERVICES Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 1901 Church Lane, San Pablo, California 94806 3. Term. The effective date of this Contract is July 1. 1995 , and it terminates June 30, 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $809,242. 5. County's 0b_ligations. 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: County's Contract #29-488 (State #NNA07-94) with the State Department of Alcohol and Drug Programs and any modifications or revisions thereof, a copy of which is on file in the administrative offices of the Substance Abuse Division. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code §§ 26227 and 31000. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPE RV $ORS of Supervisors and County Administrator 1 By 4: By Chairman-/-D ire Deputy CONTRACTOR all /1 �J By (� gra �� By lG'`�%�- -✓f �i^�SIc�C•zfi l�i9lcraQ 0� !rKS�cs 7'�----�-�G�-�-c � .--� (Designate business capacity A) (Designate business capacity B) Rote 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 f 1190 and Corporations Code 5 313). All signatures must be aclmowledged as set forth on page two. Contra Costa County Standard Forth(Rev. 1/95) APPROV ALS/ACKNOWLEDGMENT Number 24-617-4 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED TTV � TTATQL`T By f By Desi ee DepeEy APPROVED: COUNTY ADMINISTRATOR By: Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF NTRA COSTA J) On (� , before me, � c " "'e_ ' (ins name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Jacqueline D. Pigg WITNESS MY HAND AND OFFICIAL SEAL. Deputy County Clerk Contra Costa County, CA ( . A (Seal) i tur06 ACKNOW XDGMENT(by Corpondon,Panneralup,or Individual) (Civil Code§1189) Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-617-4 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; [ ] b. $ per unit, as defined in the Service Plan; [ ] 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; or [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 $100,000 payable upon demand on or after July 1, 1995; 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] Initials: Contractor Coun Dept. 1 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-617-4 [ J a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. [ ] 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 § 74. 173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [%] 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. [ J c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, § 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, § 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 Initials: Con'tractor Coun Dept. 2 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-617-4 County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2 . (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specificed in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County' s recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its 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. ) . Contractor shall submit a separate annual fiscal year audit covering the fiscal year period ending on June 30th under this Contract. Contractor shall submit each such annual audit to County Initials: Contractor C n Dept. 3 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-617-4 no later than 120 days following the end of each fiscal year period hereunder. 9 . Required Audit. If Contractor is funded by $25, 000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133 . If Contractor is funded by $25, 000 to $100, 000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100, 000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually 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. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from 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 and Drug Services Reporting System Manual for County Alcohol and Drug Programs as issued by the State Department of Alcohol and Drug Programs. Allowable costs shall not include remodeling and/or equipment purchases as to any item which has a useful life in excess of three years and/or a value in excess of $500 (or as otherwise may be authorized by the State) , except that part of such costs which can reasonably be charged to depreciation. Initials: Contractor CofanDept. 4 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1995-96 Number 24-617-4 A. GROSS OPERATIONAL BUDGET LA CASA UJIMA UJIMA UJIMA 1. COST REIMBURSEMENT CATEGORIES RESIDENCY WEST EAST a. PERSONNEL SALARIES & BENEFITS $243,435 $142,496 $142,496 (Direct Costs) b. OPERATIONAL COSTS 112 , 704 31, 653 48, 139 (Direct Costs) C. INDIRECT COSTS $ 61, 293 $ 29 , 972 $ 32 ,809 t 2 . TOTAL GROSS ALLOWABLE PROGRAM COST $417, 432 $204, 121 $223,444 B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE (To be collected and provided by Contractor) 1. Client Fees and Insurance $ 35, 555 $ 100 $ 100 2 . Grants & Subventions -0- -0- -0- 3 . Donations -0- -0- -0- 4. Other (Specify ) $ $ -0- $ -0- 5. TOTAL PROJ'D NON-COUNTY PROGRAM REVENUE $ 35,555) $ ( 100) ( 100) C. NET ALLOWABLE FISCAL YEAR COST $381,877 $204,021 $223,344 (Contract Payment Limits) TOTAL CONTRACT PAYMENT LIMIT $809 , 242 D. CHANGES IN COST CATEGORY AMOUNTS. Subject each Fiscal Year Contract Payment Limit and to State guidelines, each cost category Subtotal Amount set forth within each program in Section A. l. above: 1. May vary within each program by up to 10% in any fiscal year without approval by County; and 2 . May be changed within each program in excess of 10% provided, however, that Contractor has obtained written authorization prior to May 1st of the Fiscal Year period under this Contract from the Department's Options for Recovery Project Director before implementing any such budget changes. Initials: Contractor CoV Dept. 1 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1995-96 Number 24-617-4 E. PROGRAM BUDGET CHANGES. Subject to the .Total 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 Program Revenue provided, however, that Contractor has obtained written authorization prior to May 1st of the Fiscal Year period under this Contract from the Department's Substance Abuse Division Director in accordance with Paragraph G. below (Budget Report) , 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 28, 1996, 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 program. If any of these program budget amounts need to be changed, Contractor shall include in its Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an explanation of the program budget and revenue changes, and a request for prior written authorization to implement the changes in accordance with Paragraph E. (Program Budget Changes) , above, subject to Special Conditions Paragraph 2 . (Cost Report and Settlement) . Initials: Contractor Col Dept. 2 SERVICE PLAN Number- 24-617-4— Scope umber24-617-4Scope of Services. Contractor shall operate and administer the Options for Recovery Project's residential recovery program and intensive outpatient programs providing Alcohol and Drug services, which include a 21-bed residence, and two intensive outpatient programs with a static capacity of 15 slots at each facility. Contractor shall provide these services in accordance with the California Department of Alcohol and Drug Programs Perinatal Services Guidelines (Fall, 1995) . Subject to the restrictions and requirements of Contractor's facility license, Contractor shall admit eligible persons for services who, in Contractor's judgement, have alcohol and drug dependency as a primary problem, are ambulatory and can take care of their own personal needs, have no serious medical or psychiatric problems, and are willing to abide by Contractor's facility rules. Contractor shall admit such persons on a first-come, first-served basis, subject to the priority of services to residents of Contra Costa County as indicated in this Contract, and in accordance with Contractor's Performance Work Plan which is incorporated herein, a copy of which is on file in the administrative offices of the Department's Community Substance Abuse Services Division. 2 . Priorities for Admission. Clients will be enrolled according to the following priorities: a. First Priority - Pregnant women b. Second Priority - Postpatum women C. Third Priority - Women with children Within these categories, additional priority shall be given to women without drug or alcohol-free housing, have HIV disease, and are IVDU. 3 . Charges for Services. Contractor's charges for services, if allowable, to clients, or to other persons responsible for clients, shall approximate estimated actual cost. 4. Service Specifications. During the term of this Contract, Contractor shall provide residential and outpatient services for eligible clients hereunder, including but not limited to, the following: a. Room and board; b. Individual and group recovery planning; C. Education regarding alcoholism and recovery; d. Recreational activities; Initials: Contractor Count Dept. 1 SERVICE PLAN Number- 24-617-4 e. Job search services, including vocational and pre-vocational counseling; f. Group and/or community meetings; g. Educational and support group activities to discuss "women's issues" and parenting; h. Coordinated play activities for children; i. Assistance to mothers in obtaining/coordinating childcare; j . Training and counseling in parenting skills; k. Assistance in developing social skills; 1. Appropriate community resource liaison, information and referral services (including "networking") ; M. Participation in County Utilizations Review Committee activities; n. Attendance at women's services initiatives (i.e. , ADAPT, HSD forums, etc. ) ; and o. Participation in CSAS division management information systems training sessions. 5. Service Units. Subject to sufficient referrals by County, Contractor shall provide for County 3, 008 outpatient service units for each outpatient program as described herein, not to exceed a total of 6 , 016 outpatient service units, and 3,695 residential service units. 6. Service Unit Definition. a. A unit of residential service, for reporting purposes, shall be defined as the provision of recovery home services for one client in one residential day (called a "residential bed-day") ; i.e. , any portion of a single 24-hour day ending at 12 : 00 midnight during which a client receives the Residential Recovery Home Program services described above. A client is defined as a mother/child dyad. A pregnant woman is equated with a dyad. Other exceptions may be approved by the County. b. A unit of outpatient services, for reporting purposes, shall be defined as the provision of counseling/treatment for one client for a period of not less than 1 hour or more than six hours in Initials: , Contractor Co un Dept. 2 SERVICE PLAN Number 24-617-4 a single 24-hour day during which the client receives alcohol/drug recovery services as described above. 7. Program Objectives and 'Performance Evaluation. Contractor shall provide the above program services so as to achieve the service program objectives set forth in the County's Contract Performance Plan for this Contract which is on file in the offices of the Department's Substance Abuse Division, 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. S. 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, 1996, or 60 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County an Annual Contract Performance Report, in the form and manner prescribed by County's Department Director, or his designee. 9. Quality Assurance and Utilization Review Requirements. Contractor shall comply with requirements and procedures established by the State, County, and Federal governments for quality assurance and utilization review, including, but not limited to, submission of periodic quality assurance reports to County, staff assignments for utilization review and coordination duties, use of standardized case record and treatment planning forms, peer review, and medication monitoring. 10. Administrative Meetings. Contractor shall attend regular administrative meetings as required by County's Health Services Director, or his designee. Initials: Cont actor County ept. 3 SPECIAL CONDITIONS Number 24-617-4 1. Novation. The parties having entered into a prior Contract #24-617-3 for the period from July 1, 1994 through June 30, 1995 (which contained provision for an automatic six-month Contract extension through December 31, 1995) , County and Contractor hereby agree to substitute this Contract #24-617-4 for the aforesaid six-month automatic Contract extension. Effective July 1, 1995, all Contract rights and obligations of the parties will be governed by this Contract #24-617-4. 2. Cost Report and Settlement. Paragraph 7. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "a. Due Date and Procedure. No later than August 31, 1996 (or as otherwise may be prescribed by County) , or 60 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County a cost report in the form and manner prescribed by County, showing the total gross allowable program costs which have actually been incurred by Contractor and the non-County program revenues which have actually been collected and provided by Contractor hereunder, in accordance with the attached Budget of Estimated Program Expenditures, which is incorporated herein by reference. If said cost report shows that the Final Program Reimbursement Amount (as defined below) of allowable costs which have actually been incurred by Contractor during the term of this Contract exceed the payments made by County for said period pursuant to Payment Provisions Paragraph 2. (Payment Amounts) , County will remit any such excess amount to Contractor, but not to exceed the Net Allowable Program Cost (Contract Payment Limit) specified on Line C. of the Budget of Estimated Program Expenditures. If said cost report shows that the payments made by County for said period pursuant to Payment Provisions Paragraph 2, (Payment Amounts) exceed said Final Program Reimbursement Amount of allowable costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The Final Program Reimbursement Amount for cost report and settlement purposes shall be defined as either (1) the total gross allowable program costs which have actually been incurred by Contractor hereunder during the term of this Contract ending June 30, 1996, or (2) the Total Gross Allowable Program Cost amount for that period as specified on Line A.2. in said Budget, whichever is less, minus the total non-County program revenues which have actually been collected and provided by Contractor for the period ending June 30th, computed in accordance with the Budget of Estimated Program Expenditures. b. Penalty for Late Submission of Cost Report. County may withhold up to 100% of any Contract payment which is due and payable to Contractor during the period from June through December following the end of the fiscal year period hereunder, or of any Contract payment which is due and payable to Contractor for the final month of the Contract if the Contract is terminated, pending submission of the fiscal year cost report specified in Subparagraph a. , above. Upon receipt of said cost report, in a form and manner acceptable to the Health Services Director or his designee, County shall release to Contractor any payment amount which has been withheld by County, subject to settlement of the Final Program Reimbursement Amount as set forth in Subparagraph a. , above. ,, 3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of the General Conditions prior to June 30, 1996, the term of this Contract shall be automatically extended through December 31, 1996. During its extended term, this contract is nevertheless subject to all the terms and conditions Initials: 1 Con ractor Cotint Dept, SPECIAL CONDITIONS Number 24-617-4 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 $404,621 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County shall pay Contractor a payment of $67,437 payable upon demand on or after July 1, 1996, and thereafter, monthly payments in accordance with Payment Provisions as set forth in Payment Provisions Paragraph 2. (Payment Amounts) , subject to the six-month Payment Limit specified above. C. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/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 nonexpendable property loaned by County for use by Contractor or acquired with Contract Initials: 2 CaRfractor &—uny Dept. SPECIAL CONDITIONS Number 24-617-4 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. 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. Initials: L 10 3 Contractor Cou t ept. 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 CONDITIONS (Purchase of Services) 5. Termination. a. 'Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the- County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 2 Contra Costa County Standard Form 1187 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in. accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions,inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. 3 Contra Costa County Standard Form 1187 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of,the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. 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. 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 1/87 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 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. CopEdahts 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 50. 7 i92. Contra Costa- County- Number 24-429-15 Standarai Form 1/87 STANDARD CONTRACT Fund/Org # 5915 Q (Purchase of Services) Account # 2320 ' NOVATION 1. Contract Identification. Department: Health Services - Community Substance Abuse Services Division Subject: Perinatal Program Services: Residential Recovery Program and Transitional Housing 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: UJIMA FAMILY RECOVERY SERVICES Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 1901 Church Lane, San Pablo, California 94806 3. Term. The effective date of this Contract is July 1. 1995 , and it terminates June 30. 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $294,039. 5. Counter'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: County's Contract #29-488 (State #NNAO7-94) with the State Department of Alcohol and Drug Programs, and any modifications revisions thereof. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code § 26227. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chair n/Designee Deputy / CONTRACTOR By— )1� ByT d%:a 5-/0 e--5- (Designate S(Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code ; 1190 and Corporations Code S 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) IF-A;PROVALS/ACKNOWLEDGMENT Number 24-429-15 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED NSEL B � µ-. B Y "�---� Y Designee Depe APPROVED: COUNT DMINISTRATOR By: Design ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA /COSTA On � - / t lT/J�, before me, (' ert name and title of the officer), personally appeared aZ4 �- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. rj C. -A e- (Seal) S'gn re ACKNOWLEDGMENT(by Corporation,p dwfsWp,or WivWiW) (civii c0&it Jacqueline D. Pigg Deputy County Clerk Contra Costa County, GA Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-429-15 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; [ ] b. $ per unit, as defined in the Service Plan; [ ] 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; or [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 $36, 000 payable upon demand on or after July 1, 1995; 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 AL Initials: V/ Contractor Cou ty ept. 1 Contra Costa County PAYMENT- PROVISIONS (Cost Basis Contracts) Number 24-429-15 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. [ ] 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 organiza- tions 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 S 74. 173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [X] b. Such State regulations and documents as are set forth in 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, S 674 .402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, S 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. Initials:_ Contractor Coun y pt. 2 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-429-15 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 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. ) . Contractor shall submit a separate annual fiscal year audit covering each fiscal year period ending on June 30th under this Contract. Contractor shall submit each such annual audit to County no later than 120 days following the end of each fiscal year period hereunder. 9. Required Audit. If Contractor is funded by $25, 000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the Initials: 2 Contractor Cou ty ept. 3 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-429-15 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 conduct of the federally-required audit annually 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. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from 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: 42' J/ Contractor Coun _( y pt. 4 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1995-96 Number 24-429-15 A. GROSS OPERATIONAL BUDGET RESIDENTIAL TRANSITIONAL 1. COST REIMBURSEMENT CATEGORIES RECOVERY LIVING a. PERSONNEL SALARIES & BENEFITS $187,582 $ -0- (Direct Costs) b. OPERATIONAL COSTS 86, 948 15, 115 (Direct Costs) C. INDIRECT COSTS $ 49,835 $ -0- TOTAL GROSS ALLOWABLE PROGRAM COST $324,365 $ 15,115 B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE (To be collected and provided by Contractor) 1. Client Fees and Insurance $ 33 , 657 $ 11,784 2 . Grants & Subventions -0- -0- 3 . Donations -0- -0- 4 . Other (Specify ) -0- $ -0- TOTAL PROJ'D NON-COUNTY PROGRAM REVENUE $(33 , 657) $ (11,784) C. NET ALLOWABLE FISCAL YEAR COST $290,708 $ 3,331 (Contract Payment Limits) TOTAL CONTRACT PAYMENT LIMIT $294, 039 D. CHANGES IN COST CATEGORY AMOUNTS. Subject each Fiscal Year Contract Payment Limit and to State guidelines, each cost category Subtotal Amount set forth within each program in Section A. 1. above: 1. May vary within each program by up to 10% in any fiscal year without approval by County; and 2 . May be changed within each program in excess of 10% provided, however, that Contractor has obtained written authorization prior to May 1st of the Fiscal Year period under this Contract from the Department's Options for Recovery Project Director before implementing any such budget changes. Initials: Contractor Coun y ept. 1 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1995-96 Number 24-429-15 E. PROGRAM BUDGET CHANGES. Subject to the Total 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 Program Revenue provided, however, that Contractor has obtained written authorization prior to May 1st of the Fiscal Year period under this Contract from the Department's Substance Abuse Division Director in accordance with Paragraph G. below (Budget Report) , 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 28, 1996, 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 program. If any of these program budget amounts need to be changed, Contractor shall include in its Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an explanation of the program budget and revenue changes, and a request for prior written authorization to implement the changes in accordance with Paragraph E. (Program Budget Changes) , above, subject to Special Conditions Paragraph 2. (Cost Report and Settlement) . Initials: Contractor County ept. 2 SERVICE PLAN Number: 24-429-15 1. Scope of Services. During the term of this Contract, Contractor shall: a. Operate a 15-bed residential facility, for the Rectory Recovery Center, located at 1901 Church Lane, San Pablo, to provide substance abuse program services for female residents of Contra Costa County and their children. Subject to the restrictions and requirements of Contractor's facility license(s) , Contractor shall admit eligible persons for service who have substance abuse as a primary problems, and for whom Contractor's facility is an appropriate placement. b. Operate and administer a Child Enrichment Modality at Contractor's Rectory Center, for at least six (6) children. u� 001- C. Operate a Transitional Living Facility for -at least -te (6) alcohol or drug dependent women and geuV their children. Subject to the restrictions and requirements of Contractor's facility license(s) , Contractor shall admit eligible persons for services who, in Contractor's judgement, have alcohol and drug dependency as a primary problem, are ambulatory and can take care of their own personal needs, have no serious medical or psychiatric problems, and are willing to abide by Contractor's facility rules. Contractor shall make its admissions policy(s) , which is incorporated herein by reference, available to the public for inspection. 2. Charges for Services. Contractor's charges for services, if allowable, to clients, or to other persons responsible for clients, shall approximate estimated actual cost. 3 . Service Specifications. During the term of this Contract, Contractor shall provide the following services for eligible clients hereunder: a. Alcohol- and drug-free, peer-oriented, Residential Recovery Program services for female alcoholics, including women with dependent children. Contractor shall provide the following services for eligible clients hereunder: (1) Room and board; (2) Individual and group recovery planning; (3) Education regarding alcoholism and recovery; (4) Recreational activities; (5) Job search services, including vocational and pre- vocational counseling; (6) Group and/or community meetings; (7) Educational and support group activities to discuss "women's issues" and parenting; (8) Coordinated play activities for children; (9) Assistance to mothers in obtaining/coordination childcare and in obtaining training in parenting skills; Initials: 1 Contractor County pt. SERVICE PLAN Number: 24-429-15 (10) Assistance in developing social skills; (11) Appropriate community resource liaison and information and referral services (including "networking") ; (12) Education and referral services regarding HIV infection; (13) Education and referral services regarding Tuberculosis infection (Clients denied admission based on capacity shall be referred to another provider of TB services. ) ; (14) Outreach activities to inform and encourage clients in need of drug abuse treatment services to undergo such treatment by participating in the Department's "Women's Services" (i.e. ADAPT, HSD forums, etc. ) ; (15) Participate in the County's Utilization Review activities; and (16) Participate in the Department's Management Information Systems Initiative. b. Child Enrichment Care Modality at the Rectory Center: (1) Parenting skills education and counseling; (2) Children's counseling services; (3) Child development services; (4) Family re-unification components within the framework of a women's recovery home; (5) Coordinated play activities for children; and (6) Appropriate community resource liaison, information and referral services for women/children. C. Transitional Living Facility for Women and Children: (1) Room and Board; (2) Individual and group recovery planning; (3) Alcohol and drug recovery education; (4) Recreational activity planning; (5) Job search referral; (6) Group and/or community recovery meetings; (7) Referral to educational and support activities on women's issues and parenting issues; (8) Coordinated play activities for children; (9) Off-site child care; (10) Assistance to mothers in obtaining/coordinating child care; (11) Referral for training/counseling in parenting skills; (12) Assistance in developing social skills; (13) Education and referral services regarding HIV infection; (14) Education and referral services regarding Tuberculosis infection (Clients denied admission based on capacity shall be referred to another provider of TB services. ) ; and (15) Outreach activities to inform and encourage clients in need of drug abuse treatment services to undergo such treatment. Contractor shall keep complete written records, in the form and manner required by County, of HIV/AIDS/TB educational efforts, referral sources, number of clients referred, and Outreach activities. Initials: 1014 — 2 Contractor Cou y ept. SERVICE PLAN Number: 24-429-15 4. Service Unit Definition. a. A unit of residential recovery service, for reporting purposes, shall be defined as the provision of recovery home services for one client in one residential day (called a "residential bed- day") ; i.e. , any portion of a single 24-hour day ending at 12 : 00 midnight during which a client receives the Residential Recovery Home Program services described above. A client is defined as a mother/child dyad. A pregnant woman is equated with a dyad. Other exceptions may be approved by the County. b. A unit of transitional service, for reporting purposes, shall be defined as the provision of recovery services for one mother/child dyad in one residential day (called a "transitional bed-day") ; i.e. , any portion of a single 24-hour day ending at 12 :00 midnight during which a client receives the Transitional Recovery Home Program services described above. A pregnant women is equated with a dyad. Other exceptions may be approved by County. 5. Number of Service Units. Under this Contract, Contractor shall provide for County 2,534 residential recovery service units and 1,003 transitional service units for a total of 3,537 units of service, subject to sufficient referrals from County. 6. Program Objectives 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 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, 1996, 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. 8. Administrative Meetings. Provider shall attend regular administrative meetings as required by County's Substance Abuse Division Director, or his designee. Initials: _ 3 Contractor Cou ty ept. SPECIAL CONDITIONS Number 24-429-15 1. Novation. The parties having entered into prior Contract #24-429-14 for the period from July 1, 1994 through June 30, 1995, (which contained provision for automatic six-month contract extension through December 31, 1995) , County and Contractor hereby agree to substitute this Contract 124-429-15 for the aforesaid six-month automatic contract extensions. Effective July 1, 1995, all contract rights and obligations of the parties will be governed by this Contract #24-429-15. 2 .1 Cost Report and Settlement. Paragraph 7. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "a. Due Date and Procedure. No later than August 15th of the fiscal year period under this Contract (or as otherwise may be prescribed by County) , or 45 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County for each specified fiscal year period hereunder a separate fiscal year cost report in the form and manner prescribed by County, showing the total gross allowable program costs which have actually been incurred by Contractor for the respective fiscal year period and the total non-County program revenues which have actually been collected and provided by Contractor for the respective fiscal year period, in accordance with the Budget of Estimated Program Expenditures. If any of said cost reports show that the Final Program Reimbursement Amount (as defined below) of allowable costs for the respective fiscal year period which have actually been incurred by Contractor during said fiscal year period exceed the payments made by County for said period as set forth in Payment Provisions Paragraph 2 .d. (Payment Amounts) , County will remit any such excess amount to Contractor, but not to exceed the Net Allowable Fiscal Year Cost (Fiscal Year Payment Limits) specified on Line C. of the Budget of Estimated Program Expenditures. If any of said cost reports show that the Payments made by County for said fiscal year period pursuant to Paragraph 2 .d. (Payment Amounts) of the Payment Provisions exceed said Final Program Reimbursement Amount of allowable costs for the respective fiscal year period which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The Final Program Reimbursement Amount for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during the respective fiscal year period, minus the total non-County program revenues which have actually been collected and provided by Contractor for the program during Initials: 1 Contractor Count pt. SPECIAL CONDITIONS Number 24-429-15 said fiscal year period ending June 30th, computed in accordance with the Budget of Estimated Program Expenditures. b. Penalty For Late Submission of Cost Report. County may withhold up to 100% of any Contract payment which is due and payable to Contractor during the period from September through December following the end of each fiscal year period hereunder, or of any Contract payment which is due and payable to Contractor for the final month of the Contract if the Contract is terminated, pending submission of the fiscal year cost report specified in Subparagraph a. , above. Upon receipt of said cost report, in a form and manner acceptable to the Health Services Director or his designee, County shall release to Contractor any payment amount which has been withheld by County, subject to settlement of the Final Program Reimbursement Amount as set forth in Subparagraph a. , above. " 3 . Automatic Contract Extension. Notwithstanding Paragraph 3 . (Term) of this Contract, unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of the General Conditions prior to June 30, 1996, the term of this Contract shall be automatically extended through December 31, 1996. 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 $147,020, (the six- month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County shall pay Contractor a one-time-only advance of $24,503 payable upon demand on or after July 1, 1996, and thereafter, monthly payments as set forth in Payment Provisions Paragraph 2 .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 any 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. Initials: 2 Contractor County ept. SPECIAL CONDITIONS Number 24-429-15 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. b. Establish a property management control system to ensure adequate safeguards to prevent loss, theft, or damage to Initials: 4GS A/ 3 Contractor Count pt. SPECIAL CONDITIONS Number 24-429-15 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. Initials: 4 Contractor Coun y (ept. 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 CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 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 1/87 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. 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 1/87 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 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 �i- 7 - 975- 5D . Contra,. Costa County Standard Form 1/87 f.. T CONTRACT AMENDMENT AGREEMENT Number 24-243-23 (Purchase of Services) Fund/Org #5936 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-243-22 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Community Drug Abuse Prevention, Intervention and Treatment Services 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: R.E.A.C.H. PROJECT, INC. Capacity: Nonprofit Corporation Taxpayer ID # Not Applicable Address: 1915 "D" Street, Antioch, California 94509 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator 4 By Ch rman/ Deputy CONTRACTOR By ./ (Designate siness capacity A) (Designate busines paci y ) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROV ALS/ACKNOWLEDGMENT Number 24-243-23 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED L By ��* By D eeDeputy APPROVED: COUNTY ADMINISTRATOR By:- <5/ / Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA On before (insert name and title of the officer), personallyap eared i1114) /9/140 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) 4@s are subscribed to the within instrument and acknowledged to me that he4she/they executed the same in kiePher/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *- "° Elizabeth A. Mahoney U= EUp Comm.#973796 t�11 WITNESS MY HAND AND OFFICIAL SEAL. U' =m® °NOTARY PUBLIC-CALIFORNIA U/ ° CONTRA COSTA COUNTY n r"J"'oa Comm.Expires Sept.20,1996 - (Seal) Si re ACKNOWLEDGMENT(by Corporation, partnership,or Individual) (Civil Codo 11189) AMENDMENT SPECIFICATIONS Number 24-243-23 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Paragraph 4 . (Payment Limit) is hereby decreased to $141,976. 2 . Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is modified to read as follows: " [X] d. $ 33 . 35 for each unit of service as defined in the Service Plan for provision of not less than 4,257 units of service. " 3 . Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 4 . (Number of Service Units) is hereby decreased to 4,257 units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 $70,988 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed Initials: 4e -1- Contractor douilty Dept. AMENDMENT SPECIFICATIONS Number 24-243-23 this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $11,831 payable upon demand on or . after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: AJN.V' -2- Contractor C unty Dept. //- 7-013 4A 7 Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 24-259-28 Fund/Org #5915/5936 Account #__L320 Other # 1. Identification of Contract to be Amended. Number: 24-259-27 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: New Experiences in Affection and Trust (NEAT) , School-Based Community Primary Prevention Project, and Alcohol/Drug Abuse Prevention and Community Mental Health Outreach Services 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: CENTER FOR HUMAN DEVELOPMENT Capacity: Non-profit Corporation Taxpayer ID# Not applicable Address: 391 Taylor Boulevard #120, Pleasant Hill, California 94523 3. Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995 . 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of 3oARD OF SUPERVISORS the Board of Supervisors and County Administrator L By Cha' man/Design e Deputy CONTRACTOR By By (Designate business capacity A) (Designate business cap ity 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 5 1190 and Corporations Code 5 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1195) APPROVALS/ACKNOWLEDGMENT Number 24-259-28 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED CC.c..- By By Design y APPROVED: COUNTY ADMINISTRATOR By: Design ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) Ong,jj [`e n40& - 13, 1995 , before me, �J Qy �S 'e ��L.Y�QCt S (' name and titja4 the officer), personally appeared Les I 1 k.—D. ,!1 S Va4,,0 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,&SSY HAND AND O SEAL. 0 (Seal) ACKNOWLEDGMENT(by Corpontioa Partaenitip,or ipdividuaD _ DENISE SKACCS ONM COMM.f Ian"](Civil Cods§t189) WMY Pub4c Co9bmk3CONTRA COSTA COUNTY Y Cantu.Exr*w APR 3.IM • AMENDMENT SPECIFICATIONS Number 24-259-28 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $488,942. 2 . Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [X] d. (1) $34, 200. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 f the amount paid to Contractor on July 1, 1995; and �� D (2) $ ,2-9,�. l 3 for each unit of service as defined in the Service Plan for provision of not less than units of service. " /6,018 9NV_ 3 . Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 4. (Number of Service Units) is hereby decreased to1C;�F9� units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 o "oid Initials: contractor C unty Dept. AMENDMENT SPECIFICATIONS Number 24-259-28 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 $244,471 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $40,745 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4 . (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: o Contractor County Dept. yj-*7 - /'/Y--5_ 5D,7 Contra Costa County ��`" Number 24-582-5 ;Standard Form 1/87 STANDARD CONTRACT ��'"J`'� Fund/Org # 5936 I ` (Purchase of Services) Account *. 2320 NOVATION 1. Contract Identification. Department: Health Services (Community Substance Abuse Services Division) Subject: Women's Residential Drug Abuse Treatment Services at Ozanam Center, Concord 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: Non-profit Corporation Taxpayer ID# Not Applicable Address: 1040 Oak Grove Road, Suite 105, Concord, California 94520 Mailing Address: P.O. Box 5487, Concord, California 94524 3. Term. The effective date of this Contract is July 1, 1995 , and it terminates June 30. 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $76,608. 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: County's Contract #29-488 (State #NNA07-94) with the State Department of Alcohol and Drug Programs 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 § 26227. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By By W1 Qr� Chairman/fts 1grffit- D epA y�c CONTRACTOR -e- By By �� e (Designate business capacity A) (Designate business apacity 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 § 1190 and Corporations Code § 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-582-5 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED r ��� By s �•-�.,,� By - Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: i e g ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T Edwin M. De Vries tJPEi.H WITNESS MY HAND AND OFF CIAL SEAL. U �� Comm.#10 (� „'"'NOTARY PUBLIC-CALIFORNIAL(FO CONTRA COSTA COUNTY n 'rOF Comm.Exp.Oct.15,1999 � e A (Seal) Signature ACKNOWLEDGMENT(by Corporation, parttcnhip,or Individual) (Civil Code§1189) Cdntra Costa County PAYMENT PROVISIONS Standard Form 6/90 (Fee Basis Contracts) Number 24-582-5 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only. ] [ ] a. $ monthly, [X] b. $ 36. 00 per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein. 2 . 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 1. (Payment Amounts) above. 3 . Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2 . (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. 4. 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. 5. 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. Initials: t Contractor County pt. 1 Contra Costa County PAYMENT PROVISIONS Standard Form 6/90 (Fee Basis Contracts) Number 24-582-5 6. 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 conduct of the federally-required audit annually 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. 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 Count V ept. 2 SERVICE PLAN Number-24-582-5 1. Scope of Services. Contractor shall provide residential drug abuse treatment services at its Ozanam Center, located at 2931 Prospect, Concord, to clients properly referred hereunder who are identified by County as having destructive and drug abusing behaviors and attitudes. Subject to the restrictions and requirements of Contractor's State license(s) , Contractor shall admit to its Recovery Home Program, women who are in need of treatment services and for whom Contractor's Ozanam Center is an appropriate placement. Contractor shall make its Admission 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 §§ 5717 and 5718; California Code of Regulations, Title 9, § 524; , and Health and Safety Code, Chapter 4 , § 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. Under this Contract, Contractor shall provide residential drug abuse treatment services at its Ozanam Center for female clients 18 years of age, or older, whose primary problem is drug dependency, and who are on a County-approved program waiting list. Contractor shall operate this program for such clients and shall cooperate with County, as follows: a. Contractor shall provide outreach activities for the purpose of encouraging women in need of residential treatment for drug abuse to undergo such treatment. b. Contractor shall provide at least six (6) beds ("residential drug- free slots") 24 hours a day, seven (7) days per week, for use by County-approved clients with primary diagnosis of Substance Abuse and requiring residential placement for treatment needs. Care for these clients shall include full-time supervision services at Ozanam Center. C. Length of treatment will be a maximum of six (6) months. Contractor shall obtain prior written approval from County's Substance Abuse Division Director, or his designee, for services to County clients requiring treatment beyond said six month period. d. Contractor will complete a CADDS reporting form on all clients referred and admitted for residential treatment under this Contract. Initials: Contractor County ept. 1 SERVICE PLAN Number-24-582-5 e. Contractor will complete a monthly report on clients served under this contract. This report shall include the following data for each client: (1) Client identification number, and (2) Number of residential client-days utilized by each client. f. Contractor shall participate in County Utilization Review Committee. 4 . Service Unit Definition. A unit of service, for payment purposes as set forth in Payment Provisions Paragraph l.b. , shall be defined as the provision of services as described below to one eligible and County- approved client present and residing in the facility for one calendar day, including the first day of admission to the program, but excluding the last day of discharge from the program, and this unit of service shall be called a Residential Client-Day. 5 . Number of Service Units. During the term of this contract, the maximum number of Residential Client-Day units of service shall not exceed 2, 128 units of service. 6. Program Objectives 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 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 Director, or his designee. No later than August 31, 1996, or 60 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County an Annual Contract Performance Report, in the form and manner prescribed by County' s Department Director, or his designee. 8. Clearances for Physicians and Clinical Psychologists. Prior to hiring as an employee (or otherwise procuring the services of or contracting with) any physician or licensed psychologist to provide services under this Contract, Contractor shall make a formal inquiry to the California Initials Contractor Coun't3olept. 2 SERVICE PLAN Number-24-582-5 State Board of Medical Quality Assurance (BMQA) pursuant to § 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 § 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 in writing 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 . Service Program Administration and Fiscal Management. Contractor shall administer the service program covered by this Contract as a separate organizational, administrative, and fiscal activity and shall keep this program separate and distinct from other activities. Contractor shall establish and maintain a fiscal management system of cost center accounts so that funds provided by this Contract will not be co-mingled with or used in Contractor's other activities which are not covered by this Contract. 10. Maintenance of Effort. Contractor hereby assures and certifies that it will maintain services, programs, and activity levels which existed prior to receipt of funds under this Contract and that funds received- under this Contract will supplement, not supplant, pre-existing expenditures for drug prevention, treatment, and rehabilitation services. 11. Restriction on Use of Contract Funds. Funds received by Contractor under this Contract may not be used for capital improvements; e.g. , purchase, construction, or permanent improvements (other than minor remodeling) of any buildings or other facilities, nor for the purchase of major medical equipment. Initials Contractor Count q ept. 3 SPECIAL CONDITIONS Number 24-582-5 1. Novation. The parties having entered into a prior Contract # 24-582-4 for the period from July 1, 1994 through June 30, 1995 (which contained provision for an automatic six-month Contract extension through December 31, 1995) , County and Contractor hereby agree to substitute this Contract #24-582-5 for the aforesaid six-month automatic Contract extension. Effective July 1, 1995, all Contract rights and obligations of the parties will be governed by this Contract #24-582-5. 2. Cost Report. No later than August 15, 1996 or forty-five (45) days following the termination of this Contract, whichever comes first, 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. The cost report is required for information only and shall not be used by County to adjust payments made to Contractor during the term of this Contract. In accordance with Payment Provisions Paragraph 4. (Right to Withhold) , County may withhold up to 100% of any Contract payment which is due and payable to Contractor during the month of September 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 required cost report. 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, 1996, the term of this Contract shall be automatically extended through December 31, 1996. 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 $38,304 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County shall pay Contractor in accordance with Payment Provisions Paragraph l.b. subject to the six-month Payment Limit specified above. Initials: Con r County ept. 1 SPECIAL CONDITIONS Number 24-582-5 C. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and /or Special Conditions) shall be prorated for the six-month period. d. In addition to the cost report specified in Paragraph 2. of the Special conditions, Contractor shall also submit to County, not later than 60 days following termination of this Contract as extended, an extension period cost report covering the period of this six-month extension, 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. 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. 5. 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) . 6. Endorsement. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. Initials: _ Contractor County ept. 2 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 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 shaII be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 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 1/87 GENERAL CONDMONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$ 00,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. 4 Contra Costa County Standard Form 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 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 Benericiaries. 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 /1-7-i �9S Sid- 7 Contra Costa County Standard Form 1/87 ) � CONTRACT AMENDMENT AGREEMENT Number 24-578-6 (Purchase of Services) Fund/Org J_5936 Account #_L3 2 0 Other # 1. Identification of Contract to be Amended. Number: 24-578-5 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Residential Substance Abuse Treatment Services 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: SUNRISE HOUSE Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 135 Mason Circle, Unit D, Concord, California 94520 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. Theta signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Admin$strator By hair an/Designee Depu-ty n CONTRACTOR BY ..�• t.�.i By (Designate business capacity A) (De ignate busin ss 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 4 1190 and Corporations Code 4 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-578-6 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED Q' � _& By By DeziWee }� APPROVED: COUNTY ADMINISTRATOR By: Destgn . ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA on V�rlu d►�i , �1 7(� , before me, .L r si/'a c 2 (insert name and title of the officer), personally appeared v,o e r.�✓ r re r /e personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. Lawrence C. Smith C Deputy CClerk Signature Contra Cost glunty, CA ACKNOWLEDGMENT(by Corpcmum,Parta+ahip,or Individual) (Civil Code§1189) AMENDMENT SPECIFICATIONS Number 24-578-6 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alc6hol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Paragraph 4 . (Payment Limit) is hereby decreased to $346,226. 2. Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is modified to read as follows: " [x] d. $ 44. 63 for each Residential Client Day unit of service as defined in the Service Plan for provision of not less than 7,757 units of service. " 3 . Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 5. (Number of Service Units) is hereby decreased to 7,757 units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through . December 31, 1996. 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: Initials: Contractor County D pt. -1- AMENDMENT SPECIFICATIONS Number 24-578-6 a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $173, 113 (the six-month Payment Limit) and County' s total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $28,852 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4 . (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials; Contractor County De t. -2- 1�--7-i9 9s' SLI, 7 Contra Costa County Number 24-814 Standard- Fo�rm 1/87 STANDARD CONTRACT Fund/Org # 5915 13, (Purchase of Services) Account # 2320 1. ' Contract Identification. Department: Health Services - Substance Abuse Subject: Vocational Training Program Services 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: BI-BETT CORPORATION Capacity: California nonprofit corporation Taxpayer ID# N/A Address: 1260 A Monument Boulevard, Concord, California 94520 Mailing Address: P.O. Box 5487, Concord, California 94524 3. Term. The effective date of this Ccntract is October 1, 1995 and it terminates June 30. 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's tou31 payments to Contractor under this Contract shall not exceed $1-8-040- /? 35Z• UN.9 5. County's Oblige. 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: County's Contract #29-488 (State #NNAO7-94) with the State Department of Alcohol and Drug Programs and any modifications or revisions thereof, a copy of which is on file in the administrative offices of the 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 BOARD OF RVI ORS` 'y .. ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By By Chairman/ De ty CONTRACTOR By By �-�- t-C, (Designate business capacity A) (Designate business ca city B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Fonn(Rev. 1/95) APPRO V ALS/ACKNOWLEDGMENT 71 Number 24-814 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED UNSELCOUNTY ���� ✓�c By By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: G-( Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OF ICIAL SEAL. Signature rr�J ;eNFx dwin R De Vries Comm.#1075098 p� 'NOTARY PUBLIC-CALIFORNIA UJ ACKNOWLEDGMENT(by Corpontiaq Partnenhip,a hdividual)2 . CONTRA COSTA COUNTY 0 gUFOFN� Comm.Exp.Oct.15,1999 .► (Civil Coda 41169) Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-814 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. 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: 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 Budget of Estimated Program Expenditures which is incorporated herein by reference, as set forth in Service Plan Paragraph 3. 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. [ ] Federal Management Circular A-87, including any amendments to Initials: C or County Dept. 1 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-814 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. [ J OMB Circular A-122, 'including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals) . [ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. [ J OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions) . [ ] Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [XJ 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 specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its Initials:_ I A Contractor C unt Dept. 2 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-814 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. ) . Contractor shall submit a separate annual fiscal year audit covering each fiscal year period ending on June 30th under this Contract. Contractor shall submit each such annual audit to County no later than 120 days following the end of each fiscal year period hereunder. 9. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from Initials: _ Cont County Dept. 3 Co:htra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-814 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:-(2� Contractor County Dept. 4 SERVICE PLAN Number. 24-814 1. Scope of Services. Contractor shall provide vocational training program services, at its Diablo Valley Ranch (DVR) facility to support recovery of substance abuse clients. Contractor shall admit to its program, on a space available basis, appropriate substance abuse treatment clients who are residents of Contra Costa County. Contractor shall make its service delivery policy, which is incorporated herein by reference, available to the public for inspection. 2. Service Specifications. Contractor shall provide, subject to available space, services which shall include but not limited to: (1) culinary art lab instruction; (2) supervision of weekly menus planning, purchasing, food preparation, and dining services at DVR for 60 residents daily, for a total of 5,460 meals per month; and (3) supervision and maintenance of commercial kitchen and dining areas. Contractor shall enroll a minimum of 18 students in its program each quarter. Each client's appropriateness for training will be determined mutually by the Contractor and the County's Substance Abuse Division Director, or his designee. Contractor shall provide services as in accordance with the Department's Work Plan for this Contract and County's Agreement #29-488 with the State Department of Alcohol and Drug Programs (and any modifications or renewals thereof) , which are on file in the County's Substance Abuse Division Office and which are incorporated herein by reference. 3. Budget of Estimated Program Expenditures. A budget of estimated program expenditures for the services described in this Contract shall be prepared and submitted by Contractor to County and shall be maintained on file in the offices of County's Substance Abuse Division. Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Substance Abuse Program Director, or his designee. 4. Service Unit Definition. A unit of service, for payment purposes, shall be defined as the provision of services set forth above by one (1) paid member of Contractor's professional staff for one (1) full hour. Time spent in travel, staff meetings, staff training and other activities involving no service, shall not be included. 5. Number of Service Units. Subject to sufficient referrals by the County and other authorized referral sources, Contractor shall provide not less than 1.728 service units as defined in paragraph 4. (Service Unit Definition) , above. 6. Program Obiectives and Performance Evaluation. Contractor shall provide the above program services so as to achieve the service program objectives set forth in the County's Contract Work Plan for this Contract as specified in Paragraph 2. (Service Specifications) , above. Contractor's performance under this contract shall be evaluated by County on the basis of the degree to which each specified service program objective was actually achieved, and 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, 1996, or 60 days following the termination of this Contract, whichever comes first, Contractor shall prepare and submit to County a Final Contract Performance Report, in the form and manner prescribed by County's Department Director, or his designee. Initials: " 144 Contractor County Dept. 1 SERVICE PLAN Number 24-814 8. Service Program Administration and Fiscal Management. Contractor shall administer the service program covered by this Contract as a separate organizational, administrative, and fiscal activity and shall keep this program separate and distinct from other activities. Contractor shall establish and maintain a fiscal management system of cost center accounts so that funds provided by this Contract will not be co-mingled with or used in Contractor's other activities which are not covered by this Contract. Initials Contractor County Dept. 2 SPECIAL CONDITIONS Number 24-814 1. Required Audit. Payment Provisions Paragraph 9. (Required Audit) is hereby deleted in its entirety and replaced with a new Paragraph 9 to read as follows: 119. Required Audit,. If Contractor is funded by $250,000 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. 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." 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, 1996, the term of this Contract shall be automatically extended from June 30, 1996 through December 31, 1996. 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: Initials: 6�_P - Contractor County Dept. 1 SPECIAL CONDITIONS Number 24-814 a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $8,676 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/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. C. 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. d. 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: Contractor County Dept. 2 SPECIAL CONDITIONS Number 24-814 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. Initials: Contractor 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. 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 V87 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 Re2mlations 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. Indepgndent 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 Foam 1187 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. 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. 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 certificates) 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 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 Contra Costa County 5 D I Standard Form 1/87 JW , CONTRACT AMENDMENT AGREEMENT Number 24-535-8 (Purchase of Services) Fund/Org # 5936 Account #_1320 Other # 1. Identification of Contract to be Amended. Number: 24-535-7 Effective Date: July 1, 1995 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: Non-profit Corporation Taxpayer ID # Not Applicable Address: 530 La Gonda Way, Suite A, Danville, California 94526 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator By__ Cha ' man/Desig ee Deputy CONTRACTOR By � )0 BY (Designate business capacity A) (Designate busines's' 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 4 1190 and Corporations Code 4 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-535-8 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED B B Y Y Dest& Depe�y APPROVED: COUNTY ADMINISTRATOR By: 79 -- Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) r w ,,l On �I �Q , before me, 3-or—L- kb-ss �OY�T pua" (insert name and title of the officer), personally appeared _ G + 1�AQ1-"' personally known to me (or proved to me on the basis of satisfactory evidence) to be the persorowhose nam s) i i r subscribed to the within instrument and acknowledged to me that he/she executed the same in his/herojj�r authorized capacit ies , d that by his/her ei signatur6s on the instrument the perso(o,.or the entity upon behalf of which the persoros acted, executed the instrument. WYARY oo m R0 SS WITNESS MY HAND AND OFFICIAL SEAL. m. #1081296 //��� UBLIC CALIFORNIj A COSTA COUNTYExp.JuneExp.June 1 Sign e e ACKNOWLEDGMENT(by Corpaatiaq Partwnhip,m Individual) (Civil Cad.§1189) AMENDMENT SPECIFICATIONS Number- 24-535-8- Pursuant umber24-535-8Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Paragraph 4. (Payment Limit) is hereby decreased to $73,228. 2. Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is modified to read as follows: " [X] d. (1) $ 5,966. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; (2) $ 32 . 13 per hour for provision of substance abuse primary prevention services by one (1) paid member of Contractor's professional staff, for not less than 729 units of service; (3) $ 32 . 13 per hour for provision of substance abuse intervention services by one (1) paid member of Contractor's professional staff, for not less than 1,250 units of service; and (4) $ 32 . 13 per hour for provision of non-residential substance abuse treatment services by one (1) paid member of Contractor's professional staff, for not less than 300 units of service. " 3 . Service Unit Decrease. The number of service units set forth in Service Plan Paragraph 4 . (Number of Service Units) is hereby decreased to 2,279 units of service. 4. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. During ' s extended m this Initials. 1 Contractor c6unty Dept. r AMENDMENT SPECIFICATIONS Number- 24-535-8- contract umber24-535-8contract 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 $36,614 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $6,102 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." 4-�_5 Initials. 2 Contractor County Dept. Contra Costa County //- 7"9S 5D'7 Standard Form 1/87 1? ' ', CONTRACT AMENDMENT AGREEMENT 15� (Purchase of Services) Number 24-743-30 Fund/Org # 5915 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-743-29 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Alcoholism Program Services (Social-Setting Detox/ Recovery Home and Outreach Programs) 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: EAST COUNTY COMMUNITY DETOXICATION CENTER Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 500 School Street, Pittsburg, California 94565 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995 . 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator By Chairma / Deputy CONTRACTOR BY �_ �i BY V (Designate business capacity A) (Designate business capaci 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 5 1190 and Corporations Code 5 313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPRO V ALS/ACKNOWLEDGMENT Number 24-743-30 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED TTV G()UNI EI By By Designee DepotY APPROVED: COUN Y ADMINISTRATOR By: Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) ,On ���,sy��-1��i/,T g , before me, •04VI oyl (insert name and title of thp officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrut �pA�4��4®®a�®es+m000c��waeaoo �om�eo�Q� WITNESS MY HAND AND OFFICIAL SEAL. " JOHN VAN ROOVEd'J Z S a COMIM. #963118 S P NOTARYFuNWC-CALIFORNIA P CONIFT A COSTA COUNTY s April 5. '996 Lao QQYrQQesd'0RQ2DiiQ.5ib6 5:.'tc�'gAcS::tGe�Y$fiYt`6S9 Signature ACKNOWLEDGMENT(by Corpomdon, Partnership,or lulividu l) (Civil Cads§1189) AMENDMENT SPECIFICATIONS Number-24-743-30 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $324,235. 2 . Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [8] d. (1) $27 , 975. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; (2) $ 6 , 000. 10 payable upon execution of this Contract Amendment Agreement, for the purchase of structural repairs and/or renovations to Contractor' s facility necessary to assure compliance with State and Federal (ADA) requirements for accessibility. Upon request by County, Contractor shall submit to the Health Services Director, or his designee, receipts for said additional expenditures; (3) $ 54 . 66 for each Recovery Home/AGAP Client Bed Day unit of service as defined in the Service Plan not to exceed 1,825 units of service; (4) $ 49. 10 for each Social-Setting Detox Client Bed Day unit of service as defined in the Service Plan not to exceed 3,560 units of service. ; and (5) $ 19. 10 for outreach program unit of services as defined in the Service Plan for provision of not less than 2,287 units of service. " Initials i�, Contractor count Dept. -1- AMENDMENT SPECIFICATIONS Number-24-743-30 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall _ be automatically extended from July 1, 1996 through December 31, 1996. 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 $162,117 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $27, 020 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . Initials _. Contractor Count ept. -2- AMENDMENT SPECIFICATIONS Number-24-743-30 d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials - Contractor CouJtye] t. -3- Sb.7 Con#;ra Costa County �/" 7" �'S Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 24-722-47 Fund/Org #_.5915 Account #_2320 Other # 1. Identification of Contract to be Amended. Number: 24-722-46 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Substance Abuse Program Services: (1) Recovery Home Social Rehabilitation Programs, 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-SETT CORPORATION Capacity: Non-profit Corporation Address: 1040 Oak Grove Road, #105, Concord, California 94520 Mailing Address: P.O. Box 5487, Concord, California 94520 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995 . 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. ' Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator Zl��4q By Chairman/De ignee Deputy CONTRACTOR n h ByBy (Designate business capacity A) (Ddrsignate business ca acity 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 rice-president and Signature B must be that of the secretary or assistant secretary(Civil Code 4 1190 and Corporations Code 4 313). All signatures must be acknowledged as set forth on page two. 0 b , Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-722-47 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED Zt / JBB By Y Designee Dept}' APPROVED: COUNTY ADMINISTRATOR By: z---- -Design ACKNOWLEDGMENT Eev.J;r, M. Do Vries U �+ Com.m. a ;`10 75098 UNOTASv?UCL1C-CALIFORNIASTATE OF CALIFORNIA CCtiT COSTA COUNTY Ss. O Oct,15,1999 -° COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - �� M. De Vries U Comm.91075098 WITNESS MY HAND AND FFICIAL SEAL. 0noo(VOTARY PUBLIC•CALIFORNIA CONTRA COSTA COUNTY C) Comm.Exp.Oct.15,1999 (Seal) Signature ACKNOWLEDGMENT(by Coq m tia%Partafship,m Individual) (Civil Code 111189) AMENDMENT SPECIFICATIONS Number 24-722-47 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4. (Payment Limit) is hereby decreased to $1,028,281. 2. Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [%] d. (1) $ 88 , 270. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; (2) $ 30. 34 for each Recovery Home Program unit of service, as defined in the Service Plan, for services provided at Contractor's Diablo Valley Ranch, not to exceed 14,794 units of service; (3) $ 34 . 00 for each Recovery Home Program unit of service, as defined in the Service Plan, for services provided at Contractor's Frederic Ozanam Center, not to exceed 4,471 units of service; and (4) $ 60.31 for each Social-Setting Detox/Shennum Center Program unit of service, as defined in the Service Plan, not to exceed 7,087 units of service. " 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. During its extended term, this Initials: -1- Contractor County De AMENDMENT SPECIFICATIONS Number 24-722-47 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 $514,140 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $85,690 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4 . (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: -2- Contractor County Dept. sb.7 ,, Contra Costa County �/' 7" �� Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 24-722-47 Fund/Org # 5915 Account #_2320 Other # 1. Identification of Contract to be Amended. Number: 24-722-46 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Substance Abuse Program Services: (1) Recovery Home Social Rehabilitation Programs, 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: Non-profit Corporation Address: 1040 Oak Grove Road, #105, Concord, California 94520 Mailing Address: P.O. Box 5487, Concord, California 94520 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995 . 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator By Chairman/De ignee Deputy CONTRACTOR 0 �,By ik By (Designate business capacity A) (D signate business ca acity 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§1190 and Corporations Code§313). All signatures must be acknowledged as set forth on page two. b Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 24-722-47 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED TV !+llTT SE By—AA 1 y B Y Designee Deput APPROVED: W�v TY ADMINISTRATOR y B i Design ACKNOWLEDGMENT r Edv.,,—n M. De Vries Cc—mm.;91075098 STATE OF CALIFORNIA ) mn -�1- NOTAS',?UCLIC.CALIFORNIA w CC1 t:.COSTA COUNTY 17 ss. Y a fOOct.15.1999 COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =�r ., ,.si• M. De Vries "FY Comm.#1075098 WITNESS MY HAND AND FFICIAL SEAL. NOTARY PUBLIC.CALIFORNIA�. / v° CONTRA COSTA COUNTY 0 ;f Comm.Exp.Oct.15.1999 -� (Seal) Signature ACKNOWLEDGMENT(by Colpo don,Paemnhip,m Individual) (Civil Code 11189) AMENDMENT SPECIFICATIONS Number 24-722-47 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorized reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Standard Contract Paragraph 4 . (Payment Limit) is hereby decreased to $1, 028,281. 2. Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: " [X] d. (1) $ 88 270. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; (2) $ 30. 34 for each Recovery Home Program unit of service, as defined in the Service Plan, for services provided at Contractor's Diablo Valley Ranch, not to exceed 14,794 units of service; (3) $ 34. 00 for each Recovery Home Program unit of service, as defined in the Service Plan, for services provided at Contractor's Frederic Ozanam Center, not to exceed 4,471 units of service; and (4) $ 60. 31 for each Social-Setting Detox/Shennum Center Program unit of service, as defined in the Service Plan, not to exceed 7,087 units of service. " 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. During its extended term, this Initials: -1- Contractor County De AMENDMENT SPECIFICATIONS Number 24-722-47 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 $514,140 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $85,690 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4 . This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials -2- Contractor County Dept. Contra Costa County 9S SD7 Standard Form 1/87 17 CONTRACT AMENDMENT AGREEMENT Number 24-443-7 (Purchase of Services) Fund/Org #5936 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-443-6 Effective Date: July 1, 1994 Department: Health Services - Substance Abuse Division Subject: Alcohol and Drug Program Services: Residential Adolescent Chemical Dependency Program (Thunder Road, Oakland) 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: ADOLESCENT TREATMENT CENTERS, INC. Capacity: Nonprofit Corporation Taxpayer ID # Not Applicable Address: 390 - 40th Street, Oakland, California 94559 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County Administrator v' By_ ChAirman/Desitfhee Deputy CONTRACTOR By By. Secretary Chief Financial Officer nd v.P. (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. ti Contra Costa County Standard Form(Rev. 1/95) JF-A;PROVALS/ACKNOWLEDGMENT I! Number-24-443-7 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED BY B Y Des ee t>' APPROVED: COUNTY ADMINISTRATOR By: Desi ACKNOWLEDGMENT STATE OF CALIFORNIA ) 41 ss. COUNTY OF q ) On �/QW , before me, 011�/�� � 2:L- (insert name and title of the officer), personallya peared personally knowil to me (or proved to me on the basis of satisfactory evidence) to be the persono whose name(#3,j�v c ibed to the w*thin instrument and acknowledd edd�t�me that l�/sW they executed the same in hehpr'/th afr authorized capacityy ), and that by Vg/heet�ei'fsignatureo on the instrument the persofi�5, or the entity upon behalf of which the person(03 acted, executed the instrument. WITNES MY HAND AND 7-/� SEAL. / �'l Seal Signature ACKNOWLEDGMENT(by Corporation,PamrrsWp,or Individual) (Civil Code§1189) SUSAN E WEAVER a •; COMM.#9M72 Notary Public-Calffornia �., ALAMEDA COUNTY w. My comm.expires JAN 18,1996 ti AMENDMENT SPECIFICATIONS Number 24-443-7 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contr ct Payment Limit set forth in Paragraph 4. (Payment Limit) is hereby decreased to $65,674.A- 0{ PP.ri oc� '1 1145 613ot 6 . *05 2. Service Unit Decrease. Service Plan Paragraph 5. (Number of Service Units) is hereby deleted and replaced with a new paragraph to read as follows: 115. Number of Service Units. In any given month, the maximum number of Resident Client-Day units of service shall not exceed the number of days in that month multiplied by eight (8) . During the term of this Contract, the maximum number of Resident Client-Day units of service shall not exceed 2,815 units of service. 3. Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 $32,837 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $5,473 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . " Initials Contractor Cdunty Dept. rE- 7- 9s Contra Costa County Sp' 7 Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT Number 24-409-13 (Purchase of Services) Fund/Org #_A936 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-409-12 Effective Date: July 1, 1995 Department: Health Services - Substance Abuse Division Subject: Drug Abuse Prevention/Support Services for Women Providing Care to Children of Chemically Dependent Parents (Federal Women's Set-Aside Funds) 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: THE WEST CONTRA COSTA YOUTH SERVICE BUREAU Capacity: Non-profit Corporation Taxpayer ID # Not Applicable Address: 263 South 20th Street, Richmond, California 94804 3 . Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1995. 4. Amendment S ecifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest .the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISgRS the Board of Supervisors and County �`• _ n Administrator - BY C airma °./Designee Deputy CONTRACTOR By By IA, cam—, (De ignate business capacity A) (Desi nate b(3iness 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¢1190 and Corporations Code§313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPR )VALS/ACKNOWLEDGMENT Number 24-409-13 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED �L f By By Designee Dego APPROVED: COUNTY ADMINISTRATOR By. -- Desi - ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On F by(jow aqu , before me, (insert name and title of the officer), personally appeared �1h IAi ' C- I iY VI VLQ, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID G. SMITH ,}N[ a WITNESS MY HAND AND FICIAL SEAL. =o ® ��. COMM. #100Q025 R r NOTARY PUBLIC-CALIFORNIA 40 CONTRA COSTA COONTY �F My Comm.Expires Aug.15,199 l (Seal) Signature ACKNOWLEDGMENT(by Co,poredon, PartwmWp,or Individual) (Civil Cade 11189) AMENDMENT SPECIFICATIONS Number 24-409-13 Pursuant to the Order of the Contra Costa County Board of Supervisors, dated November 7, 1995 (Subject: Substance Abuse Contract Reductions in the Health Services Department) , which authorizes reductions in certain alcohol and drug abuse program contracts effective December 1, 1995, County and Contractor agree to modify the Contract identified herein, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Decrease. The Contract Payment Limit set forth in Paragraph 4 . (Payment Limit) is hereby decreased to $22,175. 2 . Modification of Payment Provisions. The Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is modified to read as follows: " [X] d. (1) $2 , 000. 00 upon demand, on or after July 1, 1995, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth below by 1/12 of the amount paid to Contractor on July 1, 1995; and (2) $ 24.47 for each unit of service as defined in the Service Plan for provision of not less than 906 units of service. " 3 . Automatic Contract Extension. Special Conditions Paragraph 5. (Automatic Contract Extension) is hereby deleted and replaced with a new paragraph to read as follows: 115. 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, 1996, the term of this Contract shall be automatically extended from July 1, 1996 through December 31, 1996. 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 b r$11 087087 Initials: ��- 1 ractor C unty Dept. ~ AMENDMENT SPECIFICATIONS Number 24-409-13 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County will pay Contractor a one-time-only payment of $1,848 payable upon demand on or after July 1, 1996, provided however that County will reduce the total amount of each subsequent monthly demand which Contractor submits for payment of the fee set forth in Payment Provisions Paragraph 1 (Payment Amounts) , subparagraph d. , by 1/12 of the amount paid to Contractor on July 1, 1996. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan and/or Special Conditions) shall be prorated for the six-month period. C. 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) . d. In addition to the financial statement of Contract operations specified in Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period financial statement covering the period of this six-month extension. The content and Certified Public Accountant verification requirements for this statement shall be as specified above in Special Conditions Paragraph 4. This financial statement is for information only and shall not be used by County to adjust payments made to Contractor." Initials: 2 C ntractor C unty Dept.