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HomeMy WebLinkAboutMINUTES - 06091987 - S.3 _ 53 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 9, 1987 by the following vote: AYES; Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES; None ABSENT; None ABSTAIN; None ------------------------------------------------------------------ SUBJECT; Child Sexual Abuse Treatment Program Funding Supervisor Robert Schroder advised that he had received the attached letter dated May 29, 1987 from Patricia M. Mackay, 1399 Ygnacio Valley Road, Suite 12, Walnut Creek 94598, on behalf of Turning Point Counseling Center, requesting funding for a child sexual abuse treatment program. As recommended by Supervisor Schroder, IT IS BY THE BOARD ORDERED that the attached letter is REFERRED to the County Administrator. cc: Patricia M. Mackay County Administrator 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supery rs on the date shown. ATTESTED: 9 1!7. P141L BA HELOR, Clerk of the Board of Supervisors and County Administrator BY , Deputy S.3 . Patricia M. Mackay, Ph.D., M.F.C.C. Marriage, Fancily, Child Therapist HMP14105 1399 Ygnacio Valley Road, Suite 12, Walnut Creek, CA 94598 (415) 934-7383 Robert I . Schroder, Supervisor District III-Contra Costa County 510 La Gonda Way Danville, Ca. 94526-1740 May 29, 1987 Dear Mr. Schroder, It has come to my attention that the enclosed contract between Child and Family Therapy Center and Contra Costa Social Services was renewed on January 30, 1987 until June 30, 1989 without being put out for bids. I will try to explain why this is of concern to me. Parents United International, an internationally recognized program for the treatment of child sexual abuse, must be operated through a non profit agency headed by a licensed professional. On January 30, 1987, Child and Family. Therapy Center as the spon- soring agency for Parents United (PUI) released the Martinez Chapter, the only PUI Chapter operated by CFTC . In contrast, Turning Point Counseling center at that time was sponsoring PUI Chapters in San Ramon Valley and Walnut Creek with a membership of approximately 40 clients. After being released, the Martinez Chapter of PUI asked Turning Point Counseling Center (TPCC) to be their sponsoring agency. On February 4, 1987, 61 of the 68 member clients in this Chapter chose to affiliate with TPCC and remain with the PUI Child Sexual Abuse Treatment Program. Only 7 of the original group remained with C FTC . At the present time, TPCC, as the sponsoring agent of PUI in Contra Costa county," has approximately 100 clients in this program with no funding, while CFTC has all the referrals and funding from the Social Services Department. They also have had persons on their Board who would seem to violate paragraph 15, page 2 of "General Conditions" in this contract. As Executive Director of Turning Point Counseling Center and speaking for the Board of our non profit organization, and also as Coordinator of Parents United for Contra Costa County, I urgently request financial support for this highly acclaimed Child Sexual Abuse Treatment Program. Sincerely yours, Patricia M. Mackay Contra Costa County Stancard F urr? STANDARD CONTRACT (purchase of Services) 1. Contract Identification. Number 20-464-5 Department: Social Service Subject: Child Sexual Abuse Treatment 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: Child and Family Therapy Center Capacity: Nonprofit California Corporation Board Address: 1210 Alhambra Avenue, Martinez, CA 94553 3. Term. The effective date of this Contract is July 1, 1985 and it terminates June 30, 1986 unless sooner terminated as provided herein. 4. Payment Limit. County' s total payments to Contractor under this Contract shall not exceed . 5. _County' s Obligations. County shall make to the Contractor those payments described in the Payment Pros 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 tr,at work descr Fe 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 Special on tions any attar—Pied hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following describ :d Project, the application and approval documents of which are incorporated herein by reference: County/State of California Amendment Agreement #29-021-2 (State #1 -046) approved by Board of Supervisors June 4, 1985 9. Legal Authority. This Contract is entered into under and subject to the fol 1 orri tj�_ legal authorities: California GI-vernment Code Sectio^ 26227 and Welfare sir Institutions Code Section 18962 as added by AB 1733 (Chapter 1398, Statutes of 1.902) 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTO % """"•all// kR'CE DE �// By CB y ,� , i. Desi nee aYW of Supervisors '� _ c" es Rsa e official capd tX: in testi �.1. R. .Olsson, County Clerk' org4i'fi ion and affii"b oration seal ,\ or `chy-of, verning board; e By State puof�'Pp}ifornia ���`} ' ety Coufty -of CYAW01t,,13�s'ta ) ss. ACKNOWLEDGEMENT (CC §1190.1 ) Recommended by Department On this --5' day of -14 , in the year /7J`4 be ore me i , Totary Public/Deputy untyer personally appeared 6LZ By �� , 7 personally known to me or prove to me un De gnee the basis of satisfactory evidence) to Inc the person who executed the within instrument on behalf of the above-name partnership or corporation, and Form Approved: acknowledged to me that the partnership, SOCIaI Urviee Dept. �� or corporation in accordance with -its Form Approved bylaws or a resolution of its board of By Contrac s Gr polion directors, executed it. t signed ✓rl. w'�(' Qin, (seal A-461,7 (REV 6/83) -Noti 1/277/86 DA:Couniy, ON DEPUTY Y CLERK Contra CosCal�tonva j PAYMENT PROVISIONS (Cost Basis Contracts) Number 20-464-5 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess the total amount specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provTs—fons for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ a. $ monthly, or L ] b. $ per unit, as defined in the Service Plan, or [X] 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 theery cfi e Plan. 3. Allowable Costs. Contractor's allowable costs are only those which are deter- mined in accordance with: [Check applicable only] [X] a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 and the applicable Subpart listed hereunder, and any other documents (if any) specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan. [ Office Management and Budget Circular No. A-87 (formerly Federal Management Circular 74-4), 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 government agencies. [X] 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, institutions of higher education, 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 institutions of higher educa- tion (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. or Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or nonallowable costs. Initials: ntractor County Dept. A-4618 (REV 7/82) Contra Losta county PAYMENT PROVISIONS (Cost BassContracts) 4. Payment Demands. Contractor shall submit written demands monthly or as spe- cified inr►aragraph Payment Amounts) above, for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 arra in the manner and form prescribed by County. Contractor shall submit said demands for payment for services -rendered no later than 45 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the htaJ of the County Department for which this Contract is wade, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Contractor when, in the op nio�~ n -tTie 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 fur- nish 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. 6. Cost Re ort and Settlement. No later than forty-five (45) days following the termination a�hi's Contract, ontractor 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 pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractur under this Contract, Contractor shall remit any such excess amount to County. 7. Audits. The records of the Contractor may be audited by the County, State, or United Stat—es government, in addition to any certified cost report or audit required r;y the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed.by applicable State or Federal regulations, policies or contracts, but in nc event later than three months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjust- ments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agen- cies 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 liability, 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: C ntractor County Dept. -2- A-4618 (REV 7/84) �,..s SERVICE PLAN Number: 20-464-5 A. Services Contractor shall provide a program of services for the victims of child sexual abuse and their families on an individual, group and/or family therapy basis, as needed and determined by Contractor to be most appropriate to meet the therapeutic needs of such persons in accordance with Contractor's Proposal submitted in response to Request for Proposal No. 1002 (May 12, 1983) for Child Abuse Preven- tion and Intervention Programs, which is available for review at the Contracts aril Grants Unit office, 2401 Stanwell Drive, Concord, CA 94520. Contractor shall pro- vide professional staff and/or professionally supervised persons and appropriate facilities to render ongoing services, based on an individualized Treatment Plan following appropriate crisis intervention and family assessment services provideu under separate contract arrangements with Contra Costa County Health Services - Mental Health Division. B. Admissions Policy Contractor shall provide services in accordance with this Contract and shall make services hereunder available to all qualified clilents without discrimination on the basis of race, color, creed, sex, national origin, age, or physical or mental handicap. Contractor shall admit clients for services under this Contract as set forth in,attached Admissions Policy, which is incorporated herein by reference arid which shall be available to the public for inspection. Contractor shall accept referrals for service on a county-wide basis from public and private agencies, mental health practitioners, individuals, police agencies, etc. Contractor shall provide services on a first-come-first-served basis, sub- dect to availability of staff and space resources as determined by Contractor. C. Service Specifications 1. Ongoing Treatment/Support. Contractor shall: a. Provide group counseling by conducting therapy groups 1-1/2 or more hours per week for persons under age 18 who have been sexually abused. Emphasis will be given to serving children ages 0-14. Therapy group composition (size and age range) will be determined by assessing clinical factors related to mental age, emotional state, and chronological age of par- ticipants; b. Provide individual counseling, as specified in an Individualized Treatment Plan; c. Provide family counseling, as specified in an Individualized Treatment Plan; d. Provide crisis counseling, as needed; e. Collaborate with referring agency and all other public and private agen- cies involved with family, including agencies to who Contractor refers child/family for additional service as part of Individualized Treatment Plan. Such collaboration includes: 1) court testimony; 2) written reports (e.g. , for Courts and Probation Department); and 3) consultation to other agencies regarding case. f. Continuing Reevaluation of Individualized Treatment Plan. Contractor shall reevaluate such n v ua ze reatment Plan as fallows: 1) Treatment Plan review as necessary; 2) case conferences including other involved agencies as needed. Initials: COO .nWDept. County'Dept. SERVICE PIAN Number: 20-464-5 2. Case Records. Contractor shall establish and maintain case records which. w inc u e specific information regarding the following: a. Interviews with referring source; b. Interviews with family members; c. Crisis intervention information; d. Coordination activities with other agencies on interviews involving the children and family members involved in treatment. e. A .Treatment Plan for each person seen in individual and/or family therapy. Each Treatment Plan will contain outcome objectives and target dates for attainment. Each plan will be reviewed and updated every six weeks by the primary therapist. Progress notes will be entered in the case record at this time; and f. A record of client participation in therapeutic activities. Contractor shall make available to Social Service Department, upon request, information for use in th mandated Service Plan and court reporting require- ments for social workers. 3. Program Facilities Contractor shall obtain a suitable building or other such office space in Contra Costa County for operation of the Child Sexual Abuse Treatment Plan specified hereunder and shall secure all necessary licenses, certifications, zoning clearances, and use permits (if any) for operation of the program and service facility. D. Pro ram Monitoring, Reporting and Evaluation. Contractor shall provide County with a copy of any service monitoring report required by State Department of Social Services (SDSS) at the same time report is submitted to SDSS in compliance with State monitoring and evaluation requirements. E. Annual Audit Contractor shall provide County with an annual audit by a Certified Public Accountant or Public Accountant, verifying the cost report submitted under the Payment Provisions of this Contract. Said audit shall be performed in accordance with generally accepted audit standards, including the "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions" (issued by the U.S. Comptroller General, 1972, 54 pp. ). F. Budget of Estimated Program Expenditures Contractor shall provide services under this Contract in accordance with the attached Budget of Program Expenditures, incorporated herein by reference. Initials: o Dept. County Dept. -2- Number: 20-464-5 GENERAL ADMISSIONS POLICY FAMILILES UNITED RESOURCE DEVELOPMENT BOARD, INC. Services of Families United Resource Development Board, Inc. will be available to any child who has been sexually abused, siblings of children who have been sexually abused, parents of the abused child or members of the child'd extended family. Persons are accepted for service without discrimi- nation on the basis of race, color, creed, sex, national origin, age, or physical or mental handicap. Initials: Contractor County Dept. BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number: 20-464-5 A. Gross Operational Budget 1.' Personnel Salaries and Benefits Director (.6 FTE @ $30,000) $18,720 Child Therapist/Psychologist (1 FTE @ $28,000) 28,833 Child Therapist/Psychologist (.4 FTE @ $27,000)........ 10,800 Secretary/Receptionist (.5 FTE @ $14,000) 7,000 Total Personnel Salaries $64,520 Fringe Benefits FICA, UI, Worker's Compensation, Medical Insurance ... . 9,752 Total Personnel Costs $14,272 2. Direct Operational Costs Travel - 720 miles/month @ $.21 per mile ....... .... .. . $ 1,872 Telephone & Postage .. . . ..... ... .. . . . . . . . . . .... . ... . . . . 2,288 Rent/Occupancy ... . . ............ .. .. . . . ... . ...... ...... 3,634 Supplies .. .. ... ...... ..... .. .. . . .. . .. .. . . ...... . ... .. . 1,560 Training/Conferences .... .. ... .. ... . ..... .. . . ... .. ... . . 1,886 Audit .. . . .. . ... . ...... .. ....... . . . ... . . . . .. . .... ... .. . 2,600 Insurance .. .... ...... ..... .... .. . . . . .. . . . . ... .. .. ..... 2,080 Other - Equipment/Contracts ... . .... t.. . .. ..... .. ...... 522 Total Operational Costs $16,442 TOTAL BUDGET $90,714 B. Non-Count Program Revenues Client Fees (current average $1,350 per month) ............ $ 8,836 Co Contract Payment Limit $81,878 D. Changes in Cost Category Amounts Subject to the Contract Payment Limit, each cost category subtotal amount may vary up to 15% without County approval and may be changed in excess of 15% withrP for written approval of Director of Social Service or his designee. � 1 � Initials: ou Dept. SPECIAL CONDITIONS NUMBER 20-464-5 A. Novation Contractor and County having entered into a prior Contract Extension Agreement #20-464-4 effective July 1, 1985 to December 31, 1985, Contractor and County hereby agree to substitute this contract for the aforesaid Contract Extension Agreement. Effective July 1, 1985, all contract rights and obligations of the parties will be governed by this contract. B. General Conditions Additions 1. Paragraph 3. Recordds, The State Auditor General is specified as a State agency authorized to audit Contractor's business records and other records pertaining to this Contract. 2. Paragraph 13. Subcontract and Assignments. The following is added: "Any subcontractor will be subject to- all applicable provisions of this Contract, and all applicable State and Federal regulations. The Contractor shall be held responsible by the County for the performance of any subcontractor.0 3. Paragraph 16. Confidentiality and Paragraph 17. Nondiscriminatory Services not withstanding; Contractor will not discriminate in the delivery of services. (Welfare and Institutions Code 10,000 and State Department of Social Services Manual Division 21) Contractor will uphold the confidentiality of data. (Welfare and Institutions Code 10850 and State Department of Social Services Manual Division 19) C. Complaints/Grievances_ Contractor shall inform recipients of their rights to file complaints/grievances regarding services received. D. Copyright Access The County and the State Department of Social Services shall have a royalty free, nonexclusive and irrevocable license to publish, translate, or use, now, or here- after, all material developed under this Contract, including those covered by copyright. E. Nondiscrimination and Affirmative Action Contractor shall comply with the Civil Rights Act of 1964 and with all applicable requirements of Executive Order No. 11246, entitled "Equal Employment Opportunity, " as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Contractor hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, age, and condition of physical or mental handicap, marital status or political affiliations and which specifies goals and target dates to assure the implementation of that plan. In the performance of this Contract, Contractor will not discriminate against any employee or applicant for employment. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated durinG employment, without regard to their age, sex, race, color, religion, ancestry, national origin, or condition of physical or mental handicap, marital status or political affiliations. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; aria selection for training, including apprenticeship. Contractor shall post in conspic- uous places, available to employees and applicants for employment, notices to bt provided by the State setting forth the requirements for Fair Employment Practices. Initials: Contractor County Dept. SC3 1186 SPECIAL. CONDITIONS NUMBER 20-464-5 F. Child Abuse Reporting �-r Contractor shall ensure that all known or suspected instances of child abuse or neglect are reported to a child protective agency as defined in Penal Code Section 11165(k). This responsibility shall include: 1. A requirement that all employees, consultants, or agents performing services, under this Contract who are required by Penal Code Section 11166(x), to report child abuse or neglect, sign a 7 tement that he or she knows of the reporting requirements and will comply with them. 2., Establishing procedures to ensure reporting even when employees, consultants or agents who are not required to report child abuse under Penal Code 11166(x), gain knowledge of, r reasonably suspect that child has been a victim of abuse or neglect. G. State Monitoring and Evaluation Contractor shall cooperate with the State Department of Social Services (SDSS) on the implementation, monitoring and evaluation of this project and to comply with all. reporting requirements established by SDSS. Initials: fW/ ntractor County Dept. -2- r^ntra Costa County �'' Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, Mate anndlocal laws and regulations applicable with respect to its perfor- mance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, conditions of employment and nondiscrimination. 2. _I_n_s_pection. . -Contractor's performance, place of business and records per- taining to this s 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 author z3'ed epresentatives 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. 4. Retention of Records. Contractor shall retain all documents pertaining to nt this Coract for five years from the date of submission of Contractor's final payment deu nd•or final Cost Report; for any further period that is required 6y 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 t6 authorized representatives of the County, the State of California, and the United States Government. 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 muetgal 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 sunt 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 or State 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 tie par s.except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject mutter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Oeerating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluation, 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 pro- vided 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 y 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 a 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. A-4616 (REY 11/82) Contra Costa County Standard Foni GENERAL CONDITIO14S (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final deter- mination 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) require;, by the State or Federal Government. 10. Choice of Law and 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. Should Federal or State regu- lations touching upon the su sect of this Con-tract be adopted or revised during the term hereof, this Contract shall be 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 per- formance, 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 Le thereby stopped 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 sub- contracts for any work contemplated under this Contract and shall not assign this Contract or montes due or to become due, without the prior written consent of the County Administrator or or his designee, subject to any required State or Federal approv.: l , 14. Independent Contractor Status. This Contract is by and between two indepen- dent contractors and is not ntended to and shall not be construed to create the rela- tionship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its govern ng body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality., Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State or Federal statutes or regula- tions 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. b. No person will publish or disclose or permit or cause to be published ar 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 mis- demeanor. 17. Nondiscriminator Services. Contractor agrees that all goods and services under this Contract shall be avallible to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, creed, condition of physical or mental handicap, marital status, or political affiliations and that none shall be used, in whole or in part, for religious worship or instruction. A-4616 (REV. 11/82) Contra Costa County standard Form GENERAL CONDITIONS (Purchase of Services) 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County anT its officers, agents and employees from all liabilities and claims for darna- ges for death, sickness or injury to persons or' property, including without limitation. all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. 19. Insurance. During the entire term of this Contract and any extension or aoji - fication t ereo , 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 com- bined single limit coverage of $500,000 for all damages, including consequential dama- ges, 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 named insureds as to all services performed by Contractor under this agreement. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance covera— ge for its employees. c. Certificate of Insurance. The Contractor shall provide the County with (a) certificates of Tnsurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. I f 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. 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 change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by then or- their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. 20. Notices. All notices provided for by this Contract shall be in writing and may be de vered 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 to the Contractor shall be the date of deposit in the nails or other delivery. 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 eneral Conditions, t eSpecial 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 represen- tation, ImplicatioR, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or 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 §1,01), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes leviec on such interest. Contractor agrees that this provision complies with the noti-ce requirements of Revenue a Taxation Code 5107.6, and waives all rights to further notice or to damages under that or any comparable statute. -3- A-4616 (REV. 11/82) BOARD OF SUPERYIWRS Phil Batchelor, C ra County Administrator I Cosi DATE; December 4, 1985 axi"y SUBJECT' AB 1733 Fiscal Year Contract Recommendation SPECIFIC REQUEST j S j OR RECOWEMAT I ON{S f 0 BACMWoROUM AM JUSTIFICATION RECOMMENDATION • Authorize the County Welfare Director to terminate contract extension agreement 420-465-4 effective November 30, 1985 as mutually agreed by Rape Crisis Center of West Contra Costa - in accordance with Paragraph 5 . a "Termination - Written Notice" of Contract 420-465-2. In addition, authorize the County Welfare Director to execute 1985-1986 fiscal year AB 1733 contracts as follows: 20-463 We Care Society, Inc. 425,974 ✓20-464 Child and Family Therapy Center $81,878 20-466 Early Childhood Mental Health Program $66,032 20-467 Family Stress Center $27,732 BACKGROUND This matter was originally scheduled before your Board on your December 3 , 1985 agenda. At that time your Board deferred taking the recommended action pending further clarification of this matter. on June 4, 1985 your Board approved third year AB 1733 funding for Child Abuse Prevention and Intervention Programs, and on June '18, 1985 your Board approved a six month contract extension for all five contractors who have provided services using AB 1733 funding over the past two years. The five contracts are the Rape Crisis Center of West Contra Costa County, We Care Society, Inc. , Child and Family Therapy Center, Early Childhood Mental Health Program, and Family Stress Center. During the , last fiscal year, the State Legislature approved AB 2443 which provided funding for Child Assault Prevention Projects (CAPP) in the schools. The Rape Crisis Center of West Contra Costa County was receiving AB 1733 funds for provision of a CAPP program. Pending selection of CAPP programs to be ,funded under AB 2443, the Legislature also passed additional legislation which required counties to continue funding CAPP school based programs funded through AB 1733 if such programs were currently under contract, such the Rape Crisis Center of West Contra Costa County's program in this county. •' 1 CONTIN D ON ATTACFMEN7: �„ YEi S!tiNATURE; ` n IEI'IMMENOATION OF COYNTV ADMINISTRATOR RECOMMENOATION OF BOARD COMMITTEE APPROVK OTHER iGNA ACT I ON OF •OARD ON APPROVXV AS RECOMMENDED O T,{EII VOTE Of SU114M I SOBS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT } APD CORRECT COPY OF AN ACTION TAKEN AYES: NOES; AND ENTERED ON THE MINUTES OF THE BOARD SEM As ; ASISTA I N, Of SUPER"1 BORS ON THE BATE SHOWN. cc: Co' rty Adr.inistrator ATTESTED • ditor-Controller l� yL=---- 6'C PHIL BATCHELOR, CLERK of THE BOARD OF oM.:il erV3.CeR Derartr►ent Contractors SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-13 iY .oERUTY �• YO-1 2. Following a State request for proposal process, the west County Rape Crisis Center was awarded AB 2443 funds for provision of their CAPP program effective December 1, 1985. In addition, another agency, Child Assault Prevention, Inc. (CAP, Inc. ) will provide child assault prevention projects services in the Central and East portions of the County. The Rape Crisis Center of west Contra Costa County will be funded 100% of its program cost for the CAPP program through AB 2443 monies. In receiving the AB 2443 monies, Rape Crisis Center becomes ineligible for AB 1733 funds since continuation of AB 1733 funds would duplicate funding for the same program. The State Department of Social Services has provided several options for use of the 115,512 AB 1733 monies which would have funded the Rape Crisis Center for - the remaining seven -months of this fiscal year. The, options were: 1. Issue a new request for proposal for a new program for the remaining seven months of this fiscal year. 2. Issue a request for proposal for the entire AB 1733 program funds, or 3. . Distribute the ;15,512 among the remaining four contractors. The County Welfare Director has recommended that the $15,512 be distributee in equal shares to the remaining four contractors since each of the four contractors has been providing services over and above what was required in their original contracts and each have budget requirements for additional funds. The additional funds from the equal distribution of the ;15, 512 among the four remaining contractors has been included in the contract payment limits shown in the recommendation above. In addition to the need of the remaining four contractors for these additional funds, another reason' why the County Welfare Director selected this option is that according to current legislation, the county will be required to go out under an RFP process for the total AB 1733 program monies for , fiscal year 1986-1987. Therefore, at this time the equal distribution of the $15, 512 is to be considered one time only funding. CONSEQUENCES OF NEGATIVE ACTION Duplication of funding for the same program will occur if the Board does not =approve termination of the contract with Rape Crisis Center of West Contra Costa County for AB 1733 funds effective November 30, 1985. In addition, the remaining four contractors will not have access to the $150512 if the Board does not approve of this action.