HomeMy WebLinkAboutMINUTES - 10162007 - C.74 TO: BOARD OF SUPERVISORS ; - r` Contra
:,
-' Costa
.
FROM: Warren E. Rupf, Sheriff-Coroner ��• ='w.'�..�' .40
County
?
DATE: October 5,2007 co
SUBJECT: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a contract with
ANKA Behavioral Health, Inc. to provide supportive services to Mentally Ill Offender Crime
Reduction Grant clients.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a contract with ANKA Behavioral
Health, Inc. to provide supportive services to Mentally 111 Offender Crime Reduction Grant clients in an amount
up to $250,000 for the period October 15, 2007 through June 30, 2008.
FINANCIAL IMPACT:
No County Costs. The cost of this contract $250,000 will be paid through the State of California Corrections
Standards Authority 2006 Mentally III Offender Crime Reduction Grant.
BACKGROUND:
The purpose of the Mentally III Offender Crime Reduction (MIOCR) Grant program is to develop and
implement the Contra Costa County Behavioral Health Court (BHC), which is designed to identify chronically
mentally ill offenders who experience, repeated incarceration in the county detention system and who are in
need of treatment alternatives to jail. The BHC is currently operational and is providing services to the target
population. The Contra Costa County Office of the Sheriff-Coroner hosts the BHC acts as fiduciary agent for
the MiOCR Grant program.
The purpose of this agreement is to allow Anka` Behavioral Health, Inc., a community- based organization, to
provide supportive services to the BHC including recruitment, hiring, supervision and employment of case
managers and peer mentors, and the design and implementation of a flexible fund to provide assistance to
clients in obtaining necessities, such as basic clothing and bus tickets to treatment sessions.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
I/RF�OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE(S):
ACTION OF BO ONlot (e ?Vol APPROVED AS RECOMMENDED IVOTHER
7VOT OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
,' UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
ES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN( OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED OLS )__0Q
JOHN CULLEN,CLERK OF THe BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: TODD McCOWN,5-1553
cc: SHERIFF'S OFFICE(CONTRACTS)-TM
"COUNTY ADMINISTRATOR BY DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR
�.
Contra,Costa County STANDARD CONTRACT Number
'Standard Fonn L-1 (Purchase of Services-Long Form) Fund/Org# 2577
Revised 2002 Account# 2310
Odicr # MI6
1. Contract Identification.
Department: Office of die Slherifl-Coroner
Subject: Behavioral Health Court Client Supportive Services
2. Parties: The County of Contra Costa, California (County), for its Department named above, and die
following named Contractor mutually agree and pronuse as follows:
Contractor: Anka Behavioral Health, Inc.
Capacity: Non-Profit Corporation
Address: 1875 Willow Pass Road, Suite 300, Concord, CA 94520
3. Term. The effective date of this Contract is October 15, 2007. It terminates on June 30, 2008 unless
sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract slhall not exceed $250,000.
5. County's Obligations. County sliall make to die Contractor those payments described in die Payment
Provisions attached liereto which are incorporated herein by reference, subject to all the terns and
conditions contained or incorporated herein.
6. Contractors Obligations. Contractor shall provide those services and carry out that work described in die
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. Tlhis Contract is subject to die General Conditions and Special
Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Proiect. This Contract ihnplements in whole or in part the following described Project, die application and
approval documents of which are incorporated herein by reference:
N/A
L-1 (Page 1 of 2)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califoia
County of �� or✓
On before m n ,
Date / Name/and Title of Officer W..g.,"Jae Doe,Notary blit")
personally appeared !'I r� �/ :��h r���A )
ame(s of-Signer(s)
J lJ farc-,
C5 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
BRENDA E.VINSON within instrument and acknowledged to me that
@my
Commission# 1646699 Z he/she/they executed the same in his/her/their authorized
Notary Public-CaliforniaZ capacity(ies), and that by his/her/their signature(s) on the
Contra Costa County instrument theperson(s), or the enti u on behalf of
Comm.Expires Feb 20,201 4 ry p
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above .2f�
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another docume
Description of Attached Document �C�t
Title or Type of Document:
Document Date: /D-jh,D 1 /D � ( c� umber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s)../ ❑Corporate Officer — Title(s)/eral❑ Partner — ❑ Limited ❑ eneral _ ❑ Partner — ❑ Limited ❑ Ge
❑ Attorney in Fact ❑Attorney in Fact '
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Co ervator ❑Guardian or Conserv for
❑ Other: ❑Other:
Signer Is presenting: Signer Is Repre nting:
@ 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
Contra Costa County STANDARD CONTRACT 'Number:
Standard Form Irl (Purchase of Services-Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code Section 26227.
10. Signahrres. These signatures attest the parties' agreement liereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By �,�. , �.�� By 69
iainnan D es1gnee —Deputy
CONTRACTOR
Name of business entity Anka Behavioral Health, Narne of business entity Anka Behavioral Healdi,
Inc., a Non-Profit9orporation Inc. a Non-Erofit Co ration
Oyu .
By By `
(SignaturY of individual oro icer) (Signature of individual or officer)
(Print name and title A, if applicable) (Print name and title B, if applicable)
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(CiNil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set
forth on Form L-2.
L-1 (Page 2 of 2)
Contra costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services - Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
B By
Designee 0eputy
APPROVED: COUNTY ADMINISTRATOR
By. --
Designee
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before ire, _
(insert naive and title of officer), personally appeared __
personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose naine(s) is/are subscribed to the widtin instrument
and acknowledged to ire that lie/she/they executed the same in lus/lier/[heir authorized eapacity(ies), and that by
lus/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed die instrument.
WITNESS MY HAND AND OFFICIAL SEAL:
(Seal)
Signature
ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual)
(Civil Code § 1189)
L-2 (Page 1 of 1)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Fonn U2 (Purchase of Ser6ces - Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By -- By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By: — - -
Designee
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On —_ , before me,
(insert name and title of 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 lie/she/diey executed the same in liis/lier/their authorized capacity(ies), and that by
his/her/dheir signature(s) on the instrument the person(s), or the entity upon belhalf of which the person(s) acted,
executed die instrument.
WITNESS MY HAND AND OFFICIAL SEAL:
(Seal)
Signature
ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual)
(Civil Code § 1189)
L-2 (Page 1 of 1)
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-2 (Cost Basis Contracts-Long and Short Form)
Revised 2002
1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all services provided for County
under flus Contract sliall only be for 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 die
"Budget of Estimated Prograin Expenditures"included in die Service Plan.
❑ d.As set forth in Paragraph 1. of the Service Plan.
3. Allowable Costs. Contractor's allowable costs are only diose which are detennined in accordance with:
[Clieck applicable alternative]
❑ a. Such State regulations and documents as are set forth in the Service Plan regarding accounting
guidelines, including standards for determining allowable or non-allowable costs.
® b. Department of Health and Human Services Administration of Grants Federal Regulations Tide 45
Part 74 including any ahmendments 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
detennirung die allowability of selected items of costs of providing the services. Place a clheckinark
next to the applicable subsection.
❑(1) Federal Management Circular A-87, including any amendments to die circular published in
the Federal Register by OMB is to be used for detennining allowable costs of activities
conducted by state and local governmental agencies.
®(2) OMB Circular A-122, including any amendments to the. Circular published in the Federal
Register by OMB is to be used for detennining allowable costs of activities conducted by
nonprofit organizations (other than government agencies, educational institutions, and
hospitals).
❑(3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals.
❑(4) OMB Circular No.A-21,including any amendments to die Circular published in die Federal
Register by OMB shall be the principles to be used for determining allowable costs by
educational institutions (other than for-profit institutions).
0(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research,
development work, and other activities for detennining allowable costs.
Initials:
Contractor County Dept,
Fonn P-2 (Page 1 of 3)
Contra Costa County PAYMENT PROVISIONS Number
Standard Fonn P-2 (Cost Basis Contracts - Long and Short Form)
Revised 2002
❑ 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 Tide V Operations
Handbook, 1987, Section 505.4 and any amendments diereto.
4. Payment Demands. Contractor sliall submit written demands on County Demand Fonn D-15 in the manner
and form prescribed by County. Contractor shall submit demands for payment no later than 30 days from die
end of the month in which die contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by die head of die County Department for which this Contract is
made, or lis designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. If County is unable to obtain rennbursenhent from die State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 4.
(Payment Demands) above,County shall not pay Contractor for such services to die extent County's recovery of
funding is prejudiced by die delay even though such services were fully provided.
6. Right to Withhold. County leas die right to withhold payinent to Contractor when, in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance,in whole or in part,either has not been carried
out or is insufficiently documented, (b) Contractor lhas neglected,failed or refused to furnish infornation or to
cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor lhas failed to
sufficiently itemize or document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following die tennination of this Contract,
Contractor shall submit to County a cost report in die form required by County,showing die allowable costs that
have actually been incurred by Contractor under dis Contract If the cost report shows that the allowable costs
actually incurred by Contractor under dis Contract exceed the payments made by County,subject nevertheless
to die payment limit of dis Contract, County will remit any such excess amount to Contractor,provided that die
payments made,together widh any such excess amount,may not exceed die contract payment limit. If die cost
report shows that die payments made by County exceed die allowable costs actually incurred by Contractor
under dis Contract, Contractor slhall remit any such excess amount to County.
8. Audits. The records of Contractor may be audited by the County, State, or United States government, in
addition to any certified cost report or audit required by die Ser6ce Plan. Any certified cost report or audit
required by die Service Plan shall be submitted to County by Contractor witin such period of time as may be
expressed by applicable state or federal regulations, policies or contracts, but in no event later than 18 months
from die termination date of tis Contract. If such audit(s) show that the payments made by County exceed die
allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments
made pursuant to Paragraph 7. (Cost Report and Settlement),then Contractor shall pay County widin 30 days
of demand by County any such excess arnount. If such audit(s) show that die allowable costs that have actually
been incurred by Contractor under tis Contract exceed die payments made by County, including any
adjustments made pursuant to Paragraph 7. (Cost Report and Settlement),then County agrees to pay Contractor
any such excess ahnount,provided that payments made,together widh any such excess payment,may not exceed
the contract payment limit.
Initials:
Contractor County Dept.
Fonn P-2 (Page 2 of 3)
Contra Costa County PAYMENT PROVISIONS Number
Standard Fonn P-2 (Cost Basis Contracts-Long and Short Form)
Revised 2002
9. Audit ExceQtions. In addition to its obligations under Paragraph 8. (Audits) above,Contractor agrees to accept
responsibility for receiving,replyingLo,and/or complying with any audit exceptions by appropriate county,state
or federal audit agencies resulting frohn its perfonnance of this Contract. Within 30 days of demand,Contractor
shall pay County die full amount of County's obligation, if any, to the state and/or federal government resulting
from any audit exceptions,to the extent such are attributable to Contractor's failure to perforin properly any of
its obligations under tlhis Contract.
Initials: V QV
Contractor County Dept.
Form P-2 (Page 3 of 3)
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Services-Long Form)
Revised 2002
I. Purpose. The purpose of the Mentally Ill Offender Crime Reduction (MIOCR) Grant
program is to develop and implement the Contra Costa County Behavioral Health Court
(BHC), which is designed to identify chronically mentally ill offenders who experience,
repeated incarceration in the county detention system and who are in need of treatment
alternatives to jail. The BHC is currently operational and is providing services to the target
population. The Contra Costa County Office of the Sheriff-Coroner hosts the BHC acts as
fiduciary agent for the MIOCR Grant program.
The purpose of this agreement is to allow Anka'Behavioral Health, Inc., a community-based
organization, to provide supportive services to the BHC including recruitment, hiring,
supervision and employment of designated BHC team members,design and implementation
of a flex fund and reimbursement of mileage to the aforementioned BHC team members.
II. Contractor Oblieations. Anka will closely coordinate, interface and tailor activities to meet
the specialized needs of the BHC and its clients by:
A. Recruitment, Hiring, Employment
1. Developing and conducting an effective, multicultural recruitment and
- selection process for hiring a full-time case manager with qualifications to work
with BHC clients;
2. Developing and conducting an effective recruitment and selection process for
hiring peer staff members who can perform advocacy, mentoring and case
management throughout the county for chronically mentally ill clients who are
repeat offenders;
3. Employing a full time case manager (1.0 FTE) and up to four peer staff
members (1.0 FIT and 2 .5 FTE ieally)who will be assigned to the BHC;
4. Providing supervision and direction to the case manager and peers through
coordination and collaboration with the BHC team and through routine
performance evaluations;
5. Receiving feedback from the BHC for incorporation into routine supervision
and direction for project team members;
6. In all disciplinary issues involving Anka's BHC team,the BHC Team Leader
will be immediately consulted and invited to provide additional input
concerning the situation.
7. Minimizing employee turn-over for the case mana er nd peer positions;
Initials: �J
Contractor County Dept.
L-3 (Page 1 of 6)
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Services-Long Form)
Revised 2002
B. Flex Fund Management
1. Managing a flex fund that maximizes easy, timely and efficient access by BHC
team members to support clients while thoroughly documenting expenditures
and providing an appropriate audit trail by client and expense category;
2. The BHC-designated $67,671 Flex Fund will be managed by Anka's® fiscal
division with proceeds from the Flex Fund to be made available for BHC to
make purchases in support of clients.
C. Vehicle Availability
1. Anka will make vehicles available on a daily basis to the Case Manager and
Peer staff for the provision of services to the BHC and its clients. Vehicle will
be appropriately insured, maintained,stored. Should clients need to use their
own vehicles mileage reimbursement will be provided by Anka.
D. Coordination, Collaboration Problem Resolution
1. Coordinating with BHC representatives frequently and effectively; and
2. Coordinating access of BHC clients to Anka services for which clients qualify,
including housing and employment services.
3. Major issues or concerns, identified either by the BHC Team or any Anka"-
assigned team member will be addressed immediately, initially by phone with
an immediately on-site follow-up by the Anka®project administrator.
E. Reports.
1. Progress Reports. Contractor shall submit regular written progress reports,
data collection reports and expenditure reports, in the time, manner and form
required by County.
2. Final Report. Contractor shall submit on or before August 15, 2008, to
County a written Final Report,which shall include,but not be limited to, an
evaluation of the quantity, quality, and impact of the work undertaken in
conducting services provided under this Contract.
III. County Obligations. County agrees to the following:
Initials: V
L-3 (Page 2 of 6) �c -
Contractor County Dept.
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Services-Long Form)
Revised 2002
A. Recruitment, Hiring, Employment, Supervision
1. The BHC will participate in the processes necessary to hire the case manager and
peer staff members. The BHC team leader will coordinate routinely with the Anka
representative to facilitate the hiring process and will make BHC steam members
available for screening and interviewing.
2. The BHC team will have the final say in the selection process for each position.
3. The BHC Team Leader will coordinate with the Anka representative to provide
timely feedback for appropriate supervision and problem resolution with the staff
members.
B. Flex Fund Management
1. The BHC will designate two representatives to coordinate the structure,
documentation and operation of the flex fund who will work directly with
Anka for the timely processing of requests for funds.
2. The BHC will reconcile the flex fund with Anka on a monthly basis by client
and expenditure category.
C. Coordination, Collaboration Problem Resolution
1. The BHC team leader will be the primary coordinator with Anka relative to
services under this contract and to that end will frequently and effectively
communicate with Anka representatives.
2. Fiscal Coordination will be provided through Sam Rosales, HSD and the
designated representative of the Sheriff's Finance Department
3. Major issues of concerns, identified either by the BHC Team or any Anka®-
assigned team member will be addressed immediately, initially by phone with on-
site follow-up meeting as necessary.
IV. Payment Provisions.
A. Payment Limit. Payments will be made to Contractor for actual costs incurred in
providing services under this Contract up to the total Ct Payment Limit of
$250,000. ontr c
Initials: �_ .p
Contractor County Dept.
L-3 (Page 3 of 6)
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Services-Long Form)
Revised 2002
B. Budget.
Anka®Contra Costa County BHC MIOCR Services Budget
REVENUE Annual Monthly
Contra Costa County MIOCR Services Grant $ 250,000 $ 20,833
Total Revenue $ 250,000 $ 20,833
BHC Services Expenses
Payroll Expense
Salaries-Project Team $ 81,140 S 6,762
1.0 FTE Forensic Case Manager
1.0 FTE Peer Case Manager
.5 FTE Peer Mentor
.5 FTE Peer Aide
Health/Life Insurance $ 15,480 $ 1,290
FICA S 6,207 S 517
SUI $ 1,217 $ 101
Workers'Compensation $ 6,491 $ 541
Payroll Expense Sub-Total $ 110,536 $ 9,211
Other Expenses
Audit Fees $ 80 $ 7
Program Supplies $ 600 S 50
Office Supplies $ 600 $ 50
Telephone $ 2,400 S 200
Postage/Shipping $ 240 S 20
Building Lease/Rent $ 7,188 $ 599
Waste,Water,G/E, Alarm,H $ 600 $ 50
Building Maintenance $ 200 $ 17
Equipment,Expendable $ 685 S 57
Equipment-Leased $ 1,560 S 130
Equipment,Repair and Maintenance $ 540 $ 45
Insurance $ 1,800 $ 150
Advertising,Employment $ 600 $ 50
Vehicle-Operations $ 12,540 $ 1,045
Vehicle-Tires/Repair $ 1,500 $ 125
Vehicle-Registration $ 840 $ 70
Vehicle-Interest $ 1,500 $ 125
Vehicle-Depreciation $ 000 $ 500
Vehicle-Insurance $ 2,400 $ 200
Travel-Local Mileage $ 2,645 $ 220
Furniture/Fixtures $ 400 $ 33
Flex Fund $ 67,761 $ 5,647
Other Expenses Sub-Total $ 112,679 $ 9,390
Payroll and Other Expenses Total $ 223,215 $ 18,601
Indirect Costs S 22,321 $ 1,860
RFP Depot Fee $ 4,464 $ 372
TOTAL EXPENDITURES S 250,000 $ 20,833
C. Program Budget-Narrative.
Initials: -
Contractor County Dept.
L-3 (Page 4 of 6)
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Senices -Long Form)
Revised 2002
Anka® Contra Costa County BHC MIOCR Services Budget Narrative
Annual Health/Life FICA SUI WkCmp
Salaries-Project Team Annual Salary Formula Salary 430mo/FTE 7.65% 1.50% 8.00%
1.0 FTE Forensic Case Manager 40 hrs/wk*$18.51/hr*52 weeks $38,500 $5,160 $2,945 $578 $3,080
1.0 FTE Peer Case Manager 40 hrs/wk*$10.50/hr*52 weeks $21,840 $5,160 $1,671 $328 $1,747
.5 FTE Peer Mentor 20 hrs/wk*$10.00/hr*52 weeks $10,400 $2,580 $796 $156 $832
.5 FTE Peer Aide 20 hrs/wk*$10.00/hr*52 weeks $10,400 $2,580 $796 $156 $832
$ 81,140 $ 15,480 $ 6,207 $ 1,217 $6,491
Other Expenses NOTE: Part-time office/service sites in three county locations.
Audit Fees ProRata share of cost(.8%),based on revenue total of funders requiring audit.
Program Supplies Client-related($50/mon*12 months).
Office Supplies Project staff-related($50/m on*12 months).
Telephone ProRata share of telephone costs at 3 non-BHC county service sites,located in
San Pablo,Concord and Antioch(3 sites*$66.66/mo*12 months).
Postage/Shipping Post/Ship for client contact,information to service agencies($20/mon*12 months).
Building Lease/Rent ProRata share of office space costs at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*199.66*12 months).
Waste,Water,G/E,Alarm,H ProRata share of office utility costs at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*16.66*12 months).
Building Maintenance ProRata share of maintenance costs at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*5.55*12 months).
Equipment,Expendable Shared computer(used)for data entry and Internet access.
Equipment-Leased ProRata share of office equipment costs at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*43.33 *12 months).
Equipment,Repair and Maintenance ProRata share of office maintenance at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*15.00*12 months).
Insurance County-mandated insurance for project($150*12 months).
Advertising,Employment On-line advertising,recruitment flyers at high traffic peer-visited centers.
Vehicle-Operations Operational cost for agency vehicle at 5,000 miles/month.($.21/mile)
Vehicle-Tires/Repair Tire/Repair cost for agency vehicle at 5,000 miles/month.($.03/mile)
Vehicle-Registration Registration cost for 6-person agency passenger van.
Vehicle-Interest Interest cost for agency vehicle($.03/mi).
Vehicle-Depreciation Depreciation on agency vehicle driven 5,000 miles/month($.10/mile)
Vehicle-Insurance Insurance Cost for passenger van driven 5,000 miles/month($.04/mile)
Travel-Local Mileage Project use of staff personal vehicles to transport clients or provide services
where the client is(500 miles/month*$.44/mile)
Furniture/Fixtures ProRata share of office furniture costs at 3 non-BHC county service sites,located in
San Pablo,Concord,and Antioch(3 sites*11.11 *12 months).
Flex Fund Bus vouchers,gift certificates for meeting treatment goals,work clothing,housing
assistance(e.g.,move costs),gasoline certificate to drive to treatment-or BHC-
designated meeting and other funding,as determined as appropriate by the BHC
services team on a case-by-case basis.
Indirect Costs 10%of contract for administrative(flex-fund/mileage/payroll/benefits)and indirect
costs.
RFP Depot Fee 2%fee mandated by County.
Initials: y
Contractor County Dept.
L-3 (Page 5 of 6)
Contra Costa County SERVICE PLAN Number
Standard Form L-3 (Purchase of Services-Long Form)
Revised 2002
V. Payment Process. Contractor shall submit written demands for payment on County Demand Form D-15
with attached documentation to Commander, Custody Alternative Program, 1011 Las Juntas St., Martinez,
CA 94553. 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 IV, Payment Provisions, above.
VI. 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 sub-
contractors or suppliers of 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 under this
Contract.
VII. Maintenance of Effort. Contractor shall not use any funds provided by this Contract to supplant,substitute
for, or otherwise replace any other funds that Contractor may have been expending or otherwise using to
support Contractor's activities of any kind.
VIII. HIPAA Requirements. Contractor must comply with the applicable requirements and procedures established
by the Health Insurance Portability and Accountability Act(HIPAA)of 1996 and any modifications thereof,
including but not limited to, the attached HIPAA Business Associate Addendum, which is incorporated
herein by reference.
c�
L-3 (Page 6 of 6) Initials:
Contractor County Dept.
HIPAA BUSINESS ASSOCIATE ADDENDUM
To the extent, and as long as, required by the Health Insurance Portability and Accountability Act of 1996 and regulations
promulgated thereunder (hereinafter referred to as "HIPAX), this HIPAA Business Associate Addendum ("Addendum")
supplements and is made a part of the Contract identified as Number (hereinafter referred to as"Agreement")by and
between a Covered Entity(Contra Costa County for its Health Services Department, hereinafter referred to as"County")and
Business Associate(the Contractor identified in the Agreement, hereinafter referred to as"Associate"), and is effective as of
November 1, 2006(the"Addendum Effective Date").
In consideration of the mutual promises below and the exchange of information pursuant to this Addendum,the parties agree as
follows:
1. Definitions. As used in this Addendum,the following terms have the following meanings:
a. Business Associate("Associate")means an individual or entity which provides services,arranges,performs or
assists in the performance of activities on behalf of the County and who uses or discloses PHI,pursuant to the
HIPAA Regulations including,but not limited to, 45 CFR Section 160.103.
b. Covered Entity("County") shall mean Contra Costa County for its Health Services Department.
C. Data Aggregation shall have the meaning given to such tern under the Privacy Rule including,but not limited
to, 45 CFR Section 164.501.
d. Designated Record Set shall have the meaning given to such term under the Privacy Rule including,but not
limited to,45 CFR Section 164.501.
e. Health Care Operations shall have the meaning given to such term under the Privacy Rule including,but not
limited to, 45 CFR Section 164.501.
f. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information in 45 CFR
Parts 160 and 164, as in effect or as amended.
g. Protected Health Information ("PHI") means any information, whether oral or recorded in any form or
medium: (i) that relates to the past, present or future physical or mental condition of an individual; the
provision of health care to an individual;or the past,present or future payment for the provision of health care
to an individual; and(ii)that identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual,and shall have the meaning given to such term
under the Privacy Rule including,but not limited to, 45 CFR Section 164.501.
h. Protected Information shall mean PHI provided by County to Associate or created or received by Associate
on behalf of the County.
i. Required by Law shall have the same meaning given to such term under the Privacy Rule, including,but not
limited to,45 CFR 164.501.
Terms used, but not otherwise defined, in this Addendum shall have the same meaning as those terms in the Privacy Rule.
2. Obligations of Associate.
a. Permitted Uses. Associate agrees not to use Protected Information except for the purpose of performing
Associate's obligations under the Agreement and as permitted under the Agreement and this Addendum,or as
Required by Law.
Initials:
Contractor County Dept.
1
b. Permitted Disclosures. Associate agrees not to disclose Protected Information in any manner that would
constitute a violation of the Privacy Rule if disclosed by County,except that Associate may disclose Protected
Information (i) in a manner permitted pursuant to the Agreement and Addendum, (ii) for the proper
management and administration of Associate,(iii)as Required by Law,or(iv)for Data Aggregation purposes
for the Health Care Operations of County. To the extent that Associate discloses Protected Information to a
third party, Associate must obtain, prior to making any such disclosure (i) reasonable assurances from such
third party that such Protected Information will be held confidential as provided pursuant to this Addendum
and only disclosed as required by law or for the purposes for which it was disclosed to such third party,and(ii)
an agreement from such third party to immediately notify Associate or any breaches of confidentiality of the
Protected Information,to the extent it has obtained knowledge of such breach.
C. Appropriate Safeguards. Associate agrees to use appropriate administrative, technical and physical
safeguards to prevent the use or disclosure of Protected Information other than as provided for by the
Agreement or this Addendum.
d. Reporting of Improper Use or Disclosure. Associate shall notify County in writing within five(5)working
days of its discovery of any use or disclosure of Protected Information not permitted by the Agreement or this
Addendum of which Associate or its officers, employees or agents become aware. Associate shall take (i)
prompt corrective action to cure any deficiencies and(ii)any action pertaining to such unauthorized disclosure
required by applicable laws and regulations.
e. Associate's Agents. Associate agrees to ensure that any agents,including subcontractors,to whom it provides
Protected Information, agree in writing to the same restrictions and conditions that apply to Associate with
respect to such Protected Information. Associate agrees to implement and maintain sanctions against agents
and subcontractors that violate such restrictions and shall mitigate the effects of any such violation.
f. Access to Protected Information. Associate agrees to make.Protected Information maintained by Associate
or its agents or subcontractors in Designated Record Sets available to County for inspection and copying within
ten(10)days of request by County to enable County to fulfill its obligations under the Privacy Rule,including,
but not limited to, 45 CFR Section 164.524.
g. Amendment of Protected Information. Within ten (10) days of receipt of a request from County for an
amendment of Protected Information or a record about an individual contained in a Designated Record Set,
Associate or its agents or subcontractors shall make such Protected Information available to County for
amendment and incorporate any such amendment to enable County to fulfill its obligations under the Privacy
Rule, including, but not limited to, 45 CFR Section 164.526. If any individual requests an amendment of
Protected Information directly from Associate or its agents or subcontractors, Associate must notify County
within five(5)calendar days of the request. Any denial of amendment of Protected Information maintained by
Associate or its agents or subcontractors will be the responsibility of County.
h. Availability and Accounting of Information. Within ten (10) calendar days of notice by County of a
request for an accounting of disclosure of Protected Information, Associate and its agents or subcontractors
shall make available to County the information required to provide an accounting of disclosures to enable
County to fulfill its obligations under the Privacy Rule including,but not limited to,45 CFR Section 164.528.
As set forth in, and as limited by, 45 CFR Section 164.528, Associate need not provide an accounting to
County of disclosures: (i) to carry out treatment, payment or health care operations, as set forth in 45 CFR
Section 164.502;(ii)to individuals of PHI about them as set forth in 45 CFR 164.502;(iii)to persons involved
in the individual's care or other notification purposes as set forth in 45 CFR Section 164.510;(iv)for national
security or intelligence purposes as set f6rth in 45 CFR Section 164.512(k)(2);or(v)to correctional institutions
or law enforcement officials as set forth in 45 CFR Section 164.512(k)(5). Associate agrees to implement a
process that allows for an accounting to be collected and maintained by Associate and its agents or
Initials: 1/
Contractor County Dept.
2
subcontractors for at least six(6)years prior to the request,but not before the compliance date of the Privacy
Rule. At a minimum, such information shall include: (i)the date of disclosure; (ii)the name of the entity or
person who received Protected Information and , if known, the address of the entity or person; (iii) a brief
description of Protected Information disclosed; and (iv) a brief statement of purpose of the disclosure that
reasonably informs the individual of the basis for the disclosure,or a copy of the individual's authorization,or
a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly
to Associate or its agents or subcontractors,Associate shall within five(5)calendar days of a request forward it
to County in writing. It will be County's responsibility to prepare and deliver such accounting requested.
Associate shall not disclose any Protected Information except as set forth in Section 2.b. of this Addendum.
i. Governmental Access to Records. Associate agrees to make its internal practices,books and records relating
to the use and disclosure of Protected Information available to the Secretary of the U.S.Department of Health
and Human Services(the"Secretary")for purposes ofdetermining County's compliance with the Privacy Rule.
Associate agrees to provide to County a copy of any Protected Information that Associate provides to the
Secretary concurrently with providing such Protected Information to the Secretary.
j. Minimum Necessary. Associate(and its agents and subcontractors)shall only request, use and disclose the
minimum amount of Protected Information necessary to accomplish the purpose of the request, use or
disclosure.
k. Data Ownership. Associate acknowledges that Associate has no ownership rights with respect to the
Protected Information.
I. Retention of Protected Information. Except as provided in Section 3.c.of this Addendum,Associate and its
subcontractors or agents shall retain all Protected Information throughout the term of the Agreement and shall
continue to maintain the information required under Section 21.of this Addendum for a period of six(6)years
after termination of the agreement.
in. Associate's Insurance. In addition to any other insurance requirements specified in the Agreement,Associate
shall, at its sole cost and expense, insure its activities in connection with this Addendum. Associate shall
obtain,keep in force and maintain insurance or equivalent program(s)of self-insurance with appropriate limits,
as determined by County at its sole discretion, that shall cover losses that may arise from breach of this
Addendum, breach of security,or any unauthorized use or disclosure of Protected Information. It should be
expressly understood, however, that the insurance required herein shall in no way limit the liability of
Associate with respect to its activities in connection with this Addendum.
n. Indemnification. Associate agrees to indemnify and hold harmless County,its officers,agents and employees
from and against any and all claims,liabilities,demands,damages,losses,costs and expenses,(including costs
and reasonable attorney fees) or claims for injury or damages that are caused by or result from the acts or
omissions of Associate, its officers, agents or employees with respect to the use and disclosure of Protected
Information. This section shall survive cancellation or termination of the Agreement.
o. Inspection of Records. Within ten (10) days of a written request by County, Associate agrees to make
available to County during normal business hours all records, books, agreements, policies and procedures
relating to the use and/or disclosure of Protected Information for purposes of enabling County to determine
Associate's compliance with the terms of this Addendum. County agrees to protect the confidentiality of
confidential and proprietary information of Associate to which County has access during the course of such
inspection. The fact that County inspects, or fails to inspect, or has the right to inspect, Associate's records,
books, agreements, policies and procedures does not relieve Associate of its obligations pursuant to this
Addendum, nor does County's(i)failure to detect or(ii)detection, but failure to notify Associate or require
Initials:
Contractor County Dept.
3
Associate's remediation of any unsatisfactory practice, constitute acceptance of such practice or a waiver of
County's enforcement rights under this Addendum.
P. Certification. County and its authorized agents or contractors,may examine Associate's facilities,systems,
procedures and records as may be necessary to determine the extent to which Associate's security safeguards
comply with HIPAA, the HIPAA Regulations and this Addendum.
q. Choice of Law and Personal Jurisdiction. This Addendum is made in Contra Costa County and shall be
governed and construed in accordance with the laws of the State of California. Any action relating to this
Addendum shall be instituted and prosecuted in the courts of Contra Costa County, State of California.
r. Entire Agreement. The Agreement, including this Addendum,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 the Agreement, including this Addendum,shall be deemed to exist or to bind any of the
parties hereto.
3. Termination.
a. Material Breach. A breach by Associate of any material provision of this Addendum, as determined by
County,shall constitute a material breach of the Agreement,and shall provide grounds for termination of the
Agreement by County pursuant to General Conditions Paragraph 5 (Termination)of the Agreement.
b. Reasonable Steps to Cure Breach. If County knows of a pattern of activity or practice of Associate that
constitutes a material breach or violation of the Associate's obligations under the provisions of this Addendum
or another arrangement and does not terminate the Agreement pursuant to Section 3a,then County will provide
Associate an opportunity to cure such breach or end such violation,as applicable. If Associate's efforts to cure
such breach or end such violation are unsuccessful,County shall either(i)terminate the Agreement,if feasible
or(ii)if termination of the Agreement is not feasible,County will report Associate's breach or violation to the
Secretary of the Department of Health and Human Services.
C. Effect of Termination. Upon termination of the Agreement for any reason, Associate shall return or,at the
option of County,destroy all Protected Information that Associate or its agents or subcontractors still maintain
in any form, and shall retain no copies of such Protected Information. If return or destruction is not feasible,
Associate shall continue to extend the protections of Sections 2a.,2b.,2c.,and 2d. of this Addendum to such
information and limit further use of such Protected Information to those purposes that make the return or
destruction of such Protected Information infeasible. If Associate destroys the Protected Information,
Associate shall certify in writing to County that such Protected Information has been destroyed.
4. Disclaimer. County makes no warranty or representation that compliance by Associate with this Addendum,HIPAA
or the HIPAA Regulations will be adequate or satisfactory for Associate's own purposes. Associate is solely
responsible for all decisions made by Associate regarding the safeguarding of PHI.
5. Changes to the Addendum.
a. Compliance with Law. The parties acknowledge that state and federal laws relating to electronic data security
and privacy are rapidly evolving and that changes to this Addendum may be required to ensure compliance
with such developments. The parties agree to take such action as may be necessary to implement the standards
and requirements of HIPAA,the HIPAA Regulations and other applicable state and federal laws relating to the
security or confidentiality of PHI.
b. Negotiations. In the event that a state or federal law,statute,or regulation materially affects the Agreement or
this Addendum,the parties agree to negotiate immediately in good faith any necessary or appropriate revisions
Initials:
Contractor County Dept.
4
to the Agreement or this Addendum. If the parties are unable to reach an agreement concerning such revisions
within the earlier of thirty(3 0)calendar days after the date of notice seeking negotiations or the effective date
of a change in law or regulations, or if the change is effective immediately, then County may, in its sole
discretion, immediately terminate the Agreement upon written notice to Associate.
6. Miscellaneous Provisions.
a. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any
subcontractors, employees or agent assisting Associate in the performance of its obligations under the
Agreement, available to County, at no cost to County,to testify as witnesses or otherwise, in the event of
litigation or administrative proceedings against County, its officers or employees based upon a claimed
violation of HIPAA,the HIPAA Regulations or other laws relating to security and privacy and arising out
of the Agreement or this Addendum.
b. No Third Party Beneficiaries. Nothing express or implied in this Addendum is intended to confer,nor shall
anything herein confer, upon any person other than County, Associate and their respective successors or
assigns, any rights, remedies, obligations or liabilities whatsoever.
C. Effect on Agreement. Except as specifically required to implement the purposes of this Addendum,or to the
extent inconsistent with this Addendum,all other terms of the Agreement shall remain in full force and effect.
d. Interpretation. The provision of this Addendum shall prevail over any provisions in the Agreement that may
conflict or appear inconsistent with any provision of this Addendum. This Addendum and the Agreement shall
be interpreted as broadly as necessary to implement and comply with HIPAA and the Privacy Rule. The
parties agree that any ambiguity in this Addendum shall be resolved in favor of a meaning that complies and is
consistent with HIPAA and the Privacy Rule.
e. Notice to Secretary. If County knows of a pattern of activity or practice of Associate that constitutes a
material breach or violation of Associate's obligations under this Addendum, if the breach or violation
continues,and if termination of the Agreement is not feasible,County is required by the HIPAA regulations to
report the problem to the Secretary of Health and Human Services.
f. Survival. The obligations of Associate under Section 3.c. (Effect of Termination) of this Addendum shall
survive the termination of the Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum as of the Addendum Effective Date.
Contra Costa County Associate
By: 6VZ,62a/ VeYL/A/ By a4&< /.✓J �tl/
Title:_C,46rK-7C o,,eTitle:
Date: 2t/Ol7`, Date: ZS/OCT�/�
[Form Approved by County Counsel]
(Revised 10/2002)
5
Contra Costa Comity GENERAL CONDITIONS
Standard Form 1,5 (Purchase of Services-Long Form)
Revised 2003
1. Compliance with Law. Contractor sliall be subject to and comply with all applicable federal,state wid local laws and
regulations with respect to its performaiice under this Contract, including but not limited to, licehhsiug, employmeiit mid
purchasing practices; mid wages, hours mid conditions of employment, includihhg nondiscrimination.
2. Inspection. Contractor's performaiice, place of business mid records pertmiiihhg to this Coiitract are subject to
moiutonlig,uispectioii,review and audit by authorized represeiitatives of the County,the State of Califonhia,mid die United
States Goverhmehhl.
3. Records. Contractor shall keep mid make available for inspection and copying by authorized representatives of die
County, the State of Califorhua, and die United States Governmehht, the Contractor's regular busihhess records mid such
additional records pertaiiung to this Contract as may be required by the County.
a. Retention of Records. Coiitractor shall retain all documents pertaihhing to this Coiitract for five years from the
date of submission of Contractor's final payment demmhd or final Cost Report;for mry further period that is required
by law;and until all federal/state audits are complete and exceptions resolved for this contract's fuhhdi hg period. Upon
request, Contractor shall make these records available to authorized representatives of the Couuty, die State of
Califonhia, mid the United States Govenhmentt
b. Access to Books and Records of Contractor, Subcontractor. Pursuahht to Section 1861(v)(1) of the Social
Security Act, mid any regulations promulgated thereunder, Contractor shalt, upoii written request mid uiidl die
expiration of four years after the funhishiiig of services pursumht to this Contract, make available to the County, the
Secretary of Health and Human Services,or the Comptroller General,or auy of their duly authorized representatives,
this Contract and books, documeiits,mid records of'Contractor necessary to certify die nature and extent of all costs
and charges lhereuhhder.
Further, if Contractor carries out orhy 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 contaiuh a clause to die effect that upon written
request mid until the expiration of four years after the funhishing of services pursuant to such subcontract, the
subcontractor shall make available to the County, the Secretory, the Comptroller General, or mhy of their duly
authorized representatives,die subcontract mid books,documehhts,mid records of die subcontractor hhecessary to verify
the nature and extent of all costs and charges thereunder.
This special condition is in addition to ahhy mid all other terms regarduhg the mauhtenmhce or retention of records under
this Coiitract and is binding on the heirs, successors, assigns mid representatives of Cohhtractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or
written reports completed mid submitted to County in accordmhce with this Contract,a separate section listing die numbers
mid dollar amounts of all cohhtracts and subcontracts relating to the preparation of each such document or written report.
This sectioih shall apply ohily if the payment limit under this Contract exceeds $5,000.
5. Termination and Cancellation.
a. Written Notice. Thus Contract may be termiihated by either party,in its sole discretion,upon thirty-day advmhce
written notice thereof to the other, and may be cancelled immediately by written mutual consent
Is5 (Page 1 of 6)
Contra Costa County GENERAL CONDITIONS
Sluidard Form 1,5 (Purchase of Services-Long Form)
Revised 2003
b. Failure to Perform. County,upon written notice to Contractor,may immediately terminate this Contract should
Contractor fail to perform properly ally of its obligations hereunder. In the event of such termination, County may
proceed with the work ill any reasonable maiuier it chooses. The cost to County of completing Contractor's
performance shall be deducted from ally sum due Contractor under this Coiitract,without prejudice to County's rights
to recover damages.
c. Cessation of Funding;. Notwithstanding Paragraph 5.a.above,in the event that federal,state,or other nnonh-County
funding for this Contract ceases, this Contract is tennihhated 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,regarduhg the subject matter of this Contract shall be
deemed to exist or to bind ally 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,monhitorirhg,evaluating,auditing,billing,or regulatory clnanhges,may be
developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to die extent that they furtlher detail or clarify that
which is already required hereunder. Informal Agreements may not ennlargc in ally manner the scope of Ibis Contract,
inncluding ally sums of money to be paid 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 its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
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 writtenh administrative amendment executed by Contractor and the County Administrator(or designee),
subject to any required state or federal approval, provided that such administrative amehndment may not materially
change the Payment Provisions or the Service Plah.
9. Disputes. Disagreements between County and Contractor cohncernhing the meanhing,requirements,or performance of
this Contract shall be subject to final written determination by the head of die county department for which this Contract is
made,or his designee,or ill accordance with the applicable procedures (if ally)required by the state or federal govennmennt
10. Choice of Law and Personal-Turisdiction.
a. This Contract is made irh Contra Costa County and shall be governed and construed in accordance with the laws
of'dhc State of California.
b. Array action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State
of Califonhia.
L-5 (Page 2 of 6)
Initials:
Contractor County Dept.
Contra Costa County GFNF_RAL CONDITIONS
Standard Form 1,5 (Purchase of Services -Long Form)
Revised 2003
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 ashy officer, agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract,or acceptance of die whole or ashy part of said perlbrmallce,or payments therefor,or
any combination of these acts, shall not relieve 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.
Prior written consent of the County Administrator or his designee, subject to airy required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or mollies clue or to become due, by operation of law or otherwise.
14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to
alnd 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,aid employees,shall knot make,participate ih
making,or ill any way attempt to use the position afTorded them by this Contract to influence any govenlmental decision in
which they know or have reason to know they have a funalcial interest under California Governrnehnt 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,ihcludihhg but not limited to,the
identity of persons served under this Contract, their records, or services provided diem, and assures that:
a. All applications and records concenninhg 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, ald
will not be open to examination for any purpose not directly connected with the administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, ally list of persolls 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, ahhd 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, etlhhnic background, disability, or sexual
orientation, and that none shall be used, in whole or ih part, for religious worship or instruction.
18. Indemnification. Contractor shall defend,ihndemiay,save,and hold harmless County and its officers and employees
from ally and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, llhcludulg
without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or conhhhected with
U5 (Page 3 of 6) ,
Initials:
Contractor County Dept.
Contra Costa County GENERAL COl\TDMONS
Standard Form 1,5 (Purchase of Services-Long Form)
Revised 2003
the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save annd except
claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees.
Contractor will reimburse Comity for airy expenditures,including reasonable attonieys'fees,County may make by reason of
the matters that are the subject of this uidenuufication, and, if requested by County,will defend ally claims or litigation to
which this innderrnnificationn provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire terns of this Contract and any extension or modification thereof,Contractor shall keep in
effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,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 airy 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 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 County,the state avid federal govennmennts,and their officers,agents,and employees,
so that other insurance policies held by them or their self innsurance program(s) shall not be required to contribute to
ally loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is
above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum
combined single limit coverage of$1,000,000, and Contractor shall be required to provide Countywith a copy of the
endorsement malting the Cowity an additional insured on all general liability, worker's compensation, and, if
applicable,all professional liability insurance policies as required herein no later than the effective date of this Contract.
b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County Midi(a) certificate(s) of insurance evidencing
liability and workers compensation insurance as required herein nno later than the effective date of this Contract If the
Contractor should renew the innsurarce policy(les)or acquire either a new insurance policy(les)or amend the coverage
afforded through an endorsement to the policy at any time during the terns of dais Contract, then Conntractor shall
provide (a) current certificates) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change 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 Counnty shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in die mails or of other delivery,except that the effective date of notice to 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.
L-5 (Page 4 of 6)
Initials: c�
a
Contractor County Dept.
• Contra Costa County GENERAL CONDITIONS
Stwidard Form L-5 (Purchase of Services-Long Form)
Revised 2003
22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understatiduig that the
services provided by Contractor under this Contract will be purchased by County under a new contract followiiig expiration
or termination of this Contract, and waives all rights or claims to notice or hearing respecting ally failure to continue
purchhasiug all or any such services from Contractor.
23. Possessory Interest If this Contract results uh Contractor having possession of,claim or right to the possession of laid
or improvements,but does not vest ownership of the laid or improvements in the same person,or if this Contract results in
the placement of taxable improvements on tax exempt laid (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 die notice requirements of
Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or ally comparable
statute.
24. No Third-Party Beneficiaries. Notwidistaiiding 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 County or Contractor that such
individuals occupy the positions of intended Burd-party beneficiaries of the obligations assumed by either party to this
Contract-
25.
ontract25. 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 Admusistrator. If ally material is
subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If die
material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use
such materials, un whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of ally particular braid 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-establislhed 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 shame or commercial product,
even if Contractor is not publicly enhdorsing a product, as long as the Contractor's presence ins the advertisement cal
reasonnably be inhterpreted as all endorsement of the product by or on behalf of Cosstra Costa County. Notwithstanding the
foregoing,Contractor may express its,%riews ons 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.
27. Required Audit (A) If Contractor is funded by $500,000 or more ill federal grant fuhhds in any fiscal year ending
after December 31, 2003 from ally source,.Contractor shall provide to County at Contractor's expenhse an audit
consformuhg to tie requirements set forth in the most current version of Office of Management and Budget Circular A-
133. (B) If Contractor is funded by less than $500,000 in federal grant funds us ally fiscal year ending after December
31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County all
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grunt funds us ashy
fiscal year ending after December 31, 2003 from ally source, Contractor is exempt from federal audit requirements for
that year, however, Contractor's records must be available for and all audit may be required by,.appropriate officials of
the federal awarding agency, die General Accounting Office (GAO), the pass-through entity and/or die County. If any
1,5 (Page 5 of 6) AIJ
Initials:
Contractor County Dept.
Contra Costa County GFNF_RAi.CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form.)
Revised 2003
such audit is required, Contractor shall provide County with such audit With respect to the audits specified ill (A), (B)
and (C) above, Contractor is solely responsible for arranging for the conduct of die audit, and for its cost. County may
withhold die estimated cost of die audit or 10 percent of the contract amount,whichever is larger, or the final payment,
from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or die representative(s) signing this Contract on behalf of Contractor, represents auhd
warrants that it has full power and authority to enter iuhto this Contract and perform die obligations lierein.
L-5 (Page 6 of 6)
Initials:
Contractor County Dept.
� Cc
-,L
BOARD OF SUPERVISORS -= Contra
Cost
a
FROM: Warren E. Rupf, Sheriff-Coroner
County C - 7
(UST'Q CUU1i'CZ
DATE: October 5, 2007
SUBJECT: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a contract with
ANKA Behavioral Health, Inc. to provide supportive services to Mentally I11 Offender Crime
Reduction Grant clients.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a contract with ANKA Behavioral
Health, Inc. to provide supportive services to Mentally Ill Offender Crime Reduction Grant clients in an amount
up to $250,000 for the period October 15, 2007 through June 30, 2008.
FINANCIAL IMPACT:
No County Costs. The cost of this contract $250,000 will be paid through the State of California Corrections
Standards Authority 2006 Mentally Ill Offender Crime Reduction Grant.
BACKGROUND:
The purpose of the Mentally Ill Offender Crime Reduction (MIOCR) Grant program is to develop and
implement the Contra Costa County Behavioral Health Court (BHC), which is designed to identify chronically
mentally ill offenders who experience, repeated incarceration in the county detention system and who are in
need of treatment alternatives to jail. The BHC is currently operational and is providing services to the target
population. The Contra Costa County Office of the Sheriff-Coroner hosts the BHC acts as fiduciary agent for
the MIOCR Grant program.
The purpose of this agreement is to allow Anka Behavioral Health, Inc., a community- based organization, to
provide supportive services to the BHC including recruitment, hiring, supervision and employment of case
managers and peer mentors, and the design and implementation of a flexible fund to provide assistance to
clients in obtaining necessities, such as basic clothing and bus tickets to treatment sessions.
CONTINUED ON ATTACHMENT: YES SIGNATURE: /I 1
OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
"PPROVE OTHER
SIGNATURE(S):
ACTION OF BO ��I ON I//e ';L001 APPROVED AS RECOMMENDED OTHER
-V�Z,
qUNANUMOUS
F SPERVISORSI HEREBY CERTIFY THAT THIS IS A TRUE
(ABSENT ' ) AND CORRECT COPY OF AN ACTION TAKEN
YES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON
THE DATE SHOWN.
ATTESTED Ol/L �0
JOHN CULLEN,CLERK OF THIt BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
contact: TODD McCOWN,5-1553
cc: SHERIFF'S OFFICE(CONTRACTS)-TM l
COUNTY ADMINISTRATOR BY �. DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR