HomeMy WebLinkAboutMINUTES - 02091993 - 1.36 36
TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts Administrator COSta
DATE: January 4, 1993 County
SUBJECT: Approval of Novation Contract #24-577-3 with Pittsburg Boys Club, Inc.
(dba Boys and Girls Club of East County)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the
County, Novation Contract #24-577-3 with Pittsburg Boys Club, Inc. (dba Boys and
Girls Club of East County) in the amount of $105,098 for the.period from July 1,
1992 through January 31, 1993 for drug abuse treatment services for residents of
public housing in Pittsburg (at E1 Pueblo Housing Development) . This Contract
includes a three-month automatic contract extension through April 30, 1993 with a
$45,042 payment limit for the extension period.
II. FINANCIAL IMPACT:
This Contract is funded by monies from the Federal Office for Treatment Improvement
for Critical Populations. No County match is required for this program.
III. REASONS FOR RECOMMENDATIONSfBACKGROUND:
In the Federal 1988 War on Drugs legislation, Congress created a new agency called
the Office for Treatment Improvement for Critical Populations within the Department
of Health and Human Services. The purpose of this office is to improve, not
necessarily expand, drug abuse services.
On December 17, 1991, your Board approved Novation Contract #24-577-1 (as amended
by Contract Amendment Agreement #24-577-2) with Pittsburg Boys Club, Inc. (dba Boys
and Girls Club of East County) for provision of outpatient drug abuse treatment and
intervention services for residents of E1 Pueblo Housing Development of Pittsburg.
Approval of Novation Contract #24-577-3 will allow this Contractor to continue
these much needed drug abuse services through January 31, 1993.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME A ION OF BOARD C MMITTEETooE--EE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Chuck Deutschman (313-6350) OF SUPERVISORS QN THE DATE SHOWN. � 3
CC: Health Services (Contracts) ATTESTED
Risk Management Phil 88helor,Clerk of the Boa f
Auditor-Controller Supervisors and County Administrator
Contractor
Maes/7-ea BY %' DEPUTY
Contra Costa County STANDARD CONTRACT Number 24-571-3
'Standard Form 1/87 (Purchase of Services) Fund/Org # 5930
NOVATION Account # 2320
.� l.E?Contract Identification.
Department: Health Services - Substance Abuse Division
' Subject: Outpatient Drug Abuse Treatment & Intervention Services for
Residents of E1 Pueblo Housing Development of Pittsburg
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: PITTSBURG BOYS CLUB, INC. (dba Boys and Girls Club of East County)
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 515 Railroad Avenue, Pittsburg, California 94565
Mailing Address: P.O. Box 1087, Pittsburg, California 94565
3. Term. The effective date of this Contract is July 1. 1992 and it terminates
January 31. 1993 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $105,098.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. . Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Current Contra Costa County Annual Drug Abuse Services/Program Plan and Budget and any
modifications or revisions thereof; "Taking Back Our Community" (Office for Treatment
Improvement-Critical Populations) Application for Federal Assistance, Dated May 29,
1990, as approved by the State, copies of which are . on file in the Administrative
Office of County's Substance Abuse Division.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Part 2 (Section 5600 et seq. ). of Division 5 of the Welfare and
Institutions Code; Title 22 and Subchapter 3 (Section 500 et seq.) of Chapter 1 of
Title 9 of the California Code of Regulations; California Government Code Section 26227
and 53703; and Health and Safety Code, Division 10.5, Part I and Part III, Chapter 4,
Section 11980 et seq. , and Section 11750 et seq. ; and Section 509E of the Public Health
Service Act (P.L. 100-690, Anti-Drug Abuse Act of 1988) .
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS ��' of Su rvisors and County Administrator
By / .'' l / By /G O 3
Chairman/Designee i6eputy
CONTRACTOR
By By
(Designate business capacity A) - (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A =at be
that of the president or vice-president and Signature E must be that of the secretary or assistant secretary (Civil Code Section
Contra Costa County Standard Form 1/87 .
APPROVALS/ACKNOWLEDGEMENT
r
Number 24-577-3
f
APPROVALS
RECOMMENDED DEPARTMENT FORM APPROVED
By C �1 a I�.� By
Designee
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of �.
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representatives) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated: LxilbGc "� o 90
[Notarial Seal]
OFrICIALSEA.*, Notary Public/Deputy County Clerk
THESITA N.DEL ROSARIO
coa U CCA oouNrf
It C—Evbw in.8.1 M
-2-
Contra Costa County
PAYMENT PROVISIONS.
(Cost Basis Contracts)
Number 24-577-3
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all
services provided for .County under this Contract shall only be for costs that are
allowable costs that are actually incurred in the performance of Contractor's
obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and
subject to the Payment Limit of this Contract, County will pay Contractor as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred
each month, but subject to the "Budget of Estimated Program Expenditures"
included in the Service Plan.
[X] d. As set forth in Paragraph 1. of the Service Plan.
3.. Allowable Costs. Contractor's allowable costs are only those which are determined in
accordance with:
[Check applicable alternative]
[ ] a. Department of Health and Human Services Administration of Grants Federal
Regulations Title 45 Part 74 including any amendments thereto and the
applicable Subpart listed hereunder; and other documents specified in the
Service Plan regarding principles for determining and allocating the
allowable costs of providing the services; and any standards set forth in
the Service Plan for determining the allowability of selected items of
costs of providing the services.
[ ] Federal Management Circular A-87, including any amendments to
the circular published in the Federal Register by OMB is to be used
for determining allowable costs of activities conducted by state and
local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals) .
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
[ ] OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
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Con9factor County Dept.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-577-3
( ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
(R] b. Such State regulations and documents as are set forth in this Contract
regarding accounting guidelines, including standards for determining
allowable or non-allowable costs.
[ ]
C. Part IV Department of Labor, Employment and Training administration, 20
CFR Part 674, Section 674.402 and any amendments thereto; and California
Department of Aging Title V Operations Handbook, 1987, Section 505.4 and
any amendments thereto.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specificed in Paragraph 4. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
6. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the
termination of this Contract, Contractor shall .submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together
with any such excess amount, may not exceed the contract payment limit. If said cost
report shows that the payments made by County exceed the allowable costs that have
actually been incurred by Contractor under this Contract, Contractor shall remit any
such excess amount to County.
Initials:
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Contra_ Costa County
PAYMENT 'PROVISIONS
(Cost Basis Contracts)
Number 24-577-3
8. Annual Audit. Contractor shall provide County with an annual audit by a Certified
Public Accountant or Public Accountant, verifying the cost reports submitted under the
Payment Provisions of this Contract. Said audit shall be performed in accordance with
generally accepted audit standards, including the State's Audit Assistance Guide,
Federal OMB Circular A-110 which applies to nonprofit organizations, and the "Standards
for Audit of Governmental Organizations, Programs, Activities, and Functions" (issued
by the U.S. Comptroller General, 1972, 54 pp. ) . Payment Provisions Paragraph 8.
(Audits) notwithstanding, Contractor shall submit a separate annual fiscal year audit
covering each fiscal year period ending on June 30th under this Contract. Contractor
shall submit each such annual audit to County no later than 120 days following the end
of each fiscal year period hereunder.
9. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded
by $100,000 or more in federal grant funds in any fiscal year from any source,
Contractor shall arrange for the federally-required audit annually and shall submit the
audit to the County in the time, form, and manner required by the most current version
of Office of Management and Budget Circular A-133 and by County. Contractor is solely
responsible for arranging for the conduct of the audit, and for its cost, and County
may withhold the estimated cost of the audit or 10 percent of the contract amount,
whichever is larger, or the final payment, from Contractor until County receives the
audit from Contractor.
10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
11. State Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) of the Payment
Provisions, and subject to the Budget of Estimated Program Expenditures set forth
below, the allowability of Contractor's costs which have actually been incurred under
this Contract shall be determined in accordance with applicable State regulations,
including, but not limited to, the Drug Program Fiscal Systems Manual, Chapter II
(Accounting Standards and Guidelines) , and Table I (Drug Program Reimbursement
Standards) , as issued by the Division of Drug Programs of the State Department of
Alcohol and Drug Programs. Allowable costs shall not include remodeling and/or ,
equipment purchases as to any item which has a useful life in excess of three years
and/or a value in excess of $500 (or as otherwise may be authorized by the State) ,
except that part of such costs which can reasonably be charged to depreciation.
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SERVICE PLAN
Number 24-577-3
1. Payment Amounts. Subject to later adjustments in total Payments in
accordance with the provisions for Cost Report and Settlement, Audits, and Audit
Exceptions set forth in the Payment Provisions, and subject to the Payment Limit of
this Contract. County will pay Contractor:
a. A one-time-only payment of $14,000 payable upon demand on or after July
1, 1992; and
b. Monthly payments in an amount equal to Contractor's net allowable
contract costs which have actually been incurred and/or paid by
Contractor each month (i.e. , reimbursement in arrears for actual
expenditures) , computed in accordance with and subject to the Budget of
Estimated Program Expenditures included in the Service Plan. For
allowable contract costs which are actually incurred in a given month,
but for which invoices are not on hand, Contractor shall include
estimates of such costs in its payment Demand (Form D-15) for said
month, and Contractor shall increase or decrease each subsequent month's
Demand to adjust for any resulting over- or under-payments, subject to
the Contract Payment Limit.
2. Contractor's Service Delivery Policy. Contractor shall admit clients for
services under this Contract in accordance with the following Service Delivery Policy:
Pittsburg Boys Club, Inc. shall provide services on a first-come, first-
served basis for all residents of the E1 Pueblo Housing Development and
other community residents who telephone or request services or participation
in the program, subject to space and staff limitations, based on staff
assessment of each client's appropriateness for program services. To the
maximum extent practicable, each individual who requests and is in need of
drug treatment services shall be admitted to the program within seven days.
Services are available to all qualified persons without discrimination on
the basis of race, color, creed, sex, national origin, age or handicap.
This service delivery policy shall be available to the public.
3. Service Specifications. Contractor shall provide drug abuse treatment
services, intervention counseling, and recreational and educational services at the
El Pueblo Housing Development. Drug abuse treatment, intervention counseling, and
educational services .shall be provided at a site furnished by the Contra Costa Housing
Authority. Recreational activities shall be provided at appropriate onsite and
offsite locations and shall include field trips and wilderness training.
Contractor's activities hereunder will consist of, but not be limited to, the
following:
a. Outreach Activities. Contractor shall provide outreach activities for
the purpose of encouraging individuals in need of treatment for drug abuse to undergo
such treatment.
b. Treatment Services. Contractor shall provide treatment services to
persons with substantiated drug abuse problems. Contractor shall document services
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SERVICE PIAN
Number 24-577-3
in compliance with the State's "Standards for Drug Abuse Treatment." Services shall
include, but not be limited to, the following:
(1) A six-week intensive, outpatient program which includes client and
family orientation, client assessment, and a plan to achieve a drug-free lifestyle.
(2) For adolescent clients, treatment services will primarily consist
of the full spectrum of youth development services available through the Pittsburg
Boys Club, Inc.
(3) Program staff will work intensively (meeting two to three times per
week) with a client and his/her family to develop a comprehensive follow-up plan which
will include outside resources as well as continued participation in the program
activities set forth in this Contract.
c. Intervention Counseling. Contractor shall provide intervention
counseling services to persons meeting the State's eligibility requirements for
receipt of intervention services. Persons must meet at least two of the following
eligibility criteria:
(1) Current, minimal drug abuse.
(2) Membership in a family or peer group in which others abuse drugs.
(3) Current behavioral or emotional problems.
Contractor shall document intervention counseling services in accordance with the
State's "Standards for Prevention Programs."
d. Recreational Services.
Contractor shall provide recreational services to persons with drug abuse
problems and to their family members and concerned others. Services shall include,
but not be limited to:
(1) Field trips and wilderness trainings at appropriate offsite
locations; and
(2) Onsite services which will be coordinated with the City of Pittsburg
and the Housing Authority and which will include establishing a track team and a
summer day camp for children ages 6 through 12.
4. Service Unit Definition. In the report required by Paragraph 7. (Performance
Reports) of this Service Plan., Contractor shall separate the total number of service
units rendered into the following categories: (1) treatment service units, and (2)
intervention service units. Service units shall be calculated as set forth below.
a. Treatment Service Units. The number of treatment units of service shall
be calculated in accordance with the definition and parameters of a treatment unit
of service set forth in the Drug Program Fiscal System Manual, Units of Service -
Outpatient Care. A treatment unit of service is a person-to-person visit, regardless
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SERVICE PLAN
Number 24-577-3
of time, which results in a record of therapeutic. experience in a client's service
record. Telephone contacts are not reportable as units of service.
b. Intervention Service Units. The number of intervention units of service
shall be calculated in accordance with the definition and parameters of a treatment
unit of service set forth in the Drug Program Fiscal System manual, Units of Service -
Outpatient Care. An intervention unit of service is a person-to-person visit,
regardless of time, which results in a record of therapeutic experience in an
individual's service record. Telephone contacts are not reportable as units of
service.
In addition to reporting units of service, Contractor shall report the units of time
spent on intervention and treatment services in accordance with the criteria set forth
in the Drug Program Fiscal Systems Manual.
5. Number of Service Units. Subject to sufficient referrals by County and other
authorized referral sources, Contractor shall provide for County between July 1, 1992
and January 31, 1993 not less than 581 treatment units of service, and 581
intervention units of service. Not more than 40% of the intervention service units,
nor more than 40% of treatment service units shall be rendered in individual (one-to-
one) counseling sessions.
6. Program Obiectives and Performance Evaluation. Contractor shall provide the
above program services so as to achieve the service program objectives set forth in
the Department's Contract Performance Plan for this Contract which is on file in the
Department's Substance Abuse Division office and which is incorporated herein by
reference. Contractor's performance under this Contract shall be evaluated by County
on the basis of:
a. The degree to which each specified service program objective was actually
achieved, and
b. The total number of service units that were actually provided by
Contractor hereunder.
7. Performance Reports. Contractor shall prepare and submit to County such
periodic performance progress reports as may be required by County's Health Services
Department Director or his designee. No later than March 31, 1993, or 60 days
following the termination of this Contract, whichever comes first, Contractor shall
prepare and submit to County a Annual Contract Performance Report, in the form and
manner prescribed by County's Department Director, or his designee.
8. Chafes for Services. Contractor's charges for services, if allowable, to
clients, or to other persons responsible for clients, shall approximate estimated
actual cost and shall be subject to the following legal authorities: Welfare and
Institutions Code Sections 5717 and 5718; California Code of Regulations, Title 9,
Section 524; , and Health and Safety Code, Chapter 4, Section 11991.5. Contractor
shall utilize the guidelines and procedures established by the State and County for
determining client fees and payment liability, including, but not limited to, the
State's Audit Assistance Guide and Drug Program Fiscal System Manual.
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SERVICE PIAN .
Number 24-577-3
9. Clearance for Physicians and Clinical Psychologists. Prior to hiring as an
employee (or otherwise procuring the services of or contracting with) any physician
or licensed psychologist to provide services under this Contract, Contractor shall
make a formal inquiry to the California State Board of Medical Quality Assurance
(BMQA) pursuant to Section. 805.5 of the California Business and Professions Code in
order to determine whether or not that person has been denied staff privileges, has
been removed from a medical staff, or has had his or her staff privileges or license
restricted, suspended, or revoked, as provided by Section 805 of the Business and
Professions Code. Contractor shall make such inquiry regarding any physician or
licensed psychologist who is currently employed by or under contract with Contractor,
if Contractor has not yet made such inquiry. Should Contractor obtain an adverse
report from BMQA regarding any physician or psychologist and should Contractor still
desire to employ or contract with such person to provide services under this
Contract, , Contractor shall notify County's Substance Abuse Division Director within
15 working days subsequent to obtaining an adverse report on such a person and at
least 15 working days prior to allowing such a person who is newly employed or
retained to start work.
10. Service Program Administration and Fiscal Management. Contractor shall
administer the service program covered by this Contract as a separate organizational,
administrative, and fiscal activity and shall keep this program separate and distinct
from other activities. Contractor shall establish and maintain a fiscal management
system of cost center accounts so that funds provided by this Contract will not be
co-mingled with or used in Contractor's other activities which are not covered by this
Contract.
11. Maintenance of Effort. Contractor hereby assures and certifies that it will
maintain services, programs, and activity levels which existed prior to receipt of
funds under this Contract and that funds received under this Contract will supplement,
not supplant, pre-existing expenditures for drug prevention, treatment, and
rehabilitation services.
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-577-3
A. GROSS OPERATIONAL BUDGETS July 1. 1992 - January 31, 1993
PROGRAM
1. COST REIMBURSEMENT CATEGORIES FUNDS
a. PERSONNEL SALARIES & BENEFITS (Direct Costs) :
(1) Direct Service Staff Salaries $ 55,740
(2) Fringe Benefits 12.921
(3) SUBTOTAL AMOUNT $ 68,661
b. OPERATIONAL COSTS (Direct Costs)
(1) Rental Space/Utilities $ 2,100
(2) Telephone 1,108
(3) Office Supplies 1,155
(4) . Publication 15
(5) Insurance 869
(6) Staff Travel 1,400
(7) Training/Education 1,400
(8) Copying/Printing 642
(9) Postage 175
(10) Equipment/repair/maintenance 10,173
(11) Recreational Program 834
(12) Van Purchase Costs 7,000
(13) Urinalysis 1.458
(14) SUBTOTAL AMOUNT $ 28,329
C. INDIRECT COSTS (SUBTOTAL AMOUNT) 8.108
2. TOTAL GROSS ALLOWABLE PROGRAM COST $105,098
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Clients Fees and Insurance $ -0-
2. Grants & Subventions -0-
3. Donations -0-
4. Other (Specify: ) -0-
5. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES $( -0-)
C. NET ALLOWABLE FISCAL YEAR COST $105,098
(Fiscal Year Payment)
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-577-3
D. CHANGES IN BUDGET AMOUNTS. Subject to the Contract Payment Limit and to State guidelines,
each cost category Subtotal Amount set forth within each program in Section A.1. above:
1. May vary by up to 15% without approval by County; and
2. May be changed in excess of 15% provided, however, that Contractor has obtained
written authorization prior to January 1, 1993 from the Department's Substance
Abuse Division Director before implementing any such budget changes.
E. .PROGRAM BUDGET CHANGES. Subject to the Contract Payment Limit and subject to State
guidelines, Contractor may make changes in the total amounts set forth above for the Total
Gross Allowable Program Cost and the Total Projected Non-County Revenue, provided, however,
that Contractor has obtained written authorization prior to January 1, 1993 from the
Department's Substance Abuse Division Director in accordance with Service Plan Paragraph
18. (Budget Report) before implementing any such budget changes. :
F. AGENCY PROGRAM BUDGET. Contractor shall submit to County, for informational purposes upon
request, its total Corporation budget, including: all program budgets, all revenue sources
and projected revenue amounts, all cost allocations, and line item breakdown of budget
categories to include salary levels listed by job classification as well as detailing
administrative expenses by cost center, and listing numbers of staff positions by job
classification.
G. ACCOUNTING FOR FEDERAL FUNDS. The Contract Payment Limit is funded by Federal Grant Funds.
Contractor shall:
1. Maintain a clear audit trail for the use of these funds;
2. Ensure that these funds are accounted for separately to document that they have been
expended; and
3. Ensure that these funds are not used to procure services from private-for-profit
providers.
H. Budget Report. No later than January 1, 1993, Contractor shall deliver a written Budget
Report to the Department's Substance Abuse Division Director stating whether or not the
budgeted amounts set forth in the Budget of Estimated Program Expenditures for the Total
Gross Allowable Program Cost and the Total Projected Non-County Program Revenue for the
fiscal year period hereunder accurately reflect the actual cost for the service program.
If any of these program budget amounts need to be changed, Contractor shall include in its
Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an
explanation of the program budget and revenue changes, and a request for prior written
authorization to implement the changes in accordance with Paragraph E. (Program Budget
Changes) , above, subject to Special Conditions Paragraph 2. (Cost Report and Settlement) .
Initials:
2 Coldractor County Dept.
SPECIAL CONDITIONS
Number 24-577-3-
1. Novation. The parties having entered into a prior Contract 024-577-1 (as
amended by Contract Amendment Agreement #24-577-2) for the period from July 1, 1991
through June 30, 1992 (which contained provision for an automatic six-month contract
extension for the period from June 30, 1992 through December 31, 1992) , County and
Contractor hereby agree to substitute this Contract 024-577-3 for the aforesaid six-
month automatic contract extension. Effective July 1, 1992, all contract rights and
obligations of the parties will be governed by this Contract 024-577-3.
2. Cost Report and Settlement. Paragraph 7. (Cost Report and Settlement)
of the Payment Provisions is hereby modified in its entirety to read as follows:
"a. Due Date and Procedure. No later than March 15, 1993
under this Contract (or as otherwise may be prescribed by
County), or 45 days following the termination of this
Contract, whichever comes first, Contractor shall prepare and
submit to County for each specified period hereunder a cost
report in the form and manner prescribed by County, showing
the total gross allowable program costs which have actually
been incurred by Contractor for the respective period and the
total non-County Rrogram revenues which have actually been
collected and provided by Contractor for the respective
period, in accordance with the Budget of Estimated Program
Expenditures set forth in the Service Plan. If any of said
cost reports show that the Final Program Reimbursement Amount
(as defined below) of allowable costs for the respective
period which have actually been incurred by Contractor during
said period exceed the payments made by County for said
period pursuant to Payment Provisions as set forth in
Paragraph 1. (Payment Amounts) of the Service Plan, County
will remit any such excess amount to Contractor, but not to
exceed the Net Allowable Contract Cost (Contract Payment
Limit) specified on Line C. of the Budget of Estimated
Program Expenditures. If any of said cost reports show that
the payments made by County for said period pursuant to
Paragraph 1. (Payment Amounts) of the Service Plan exceed
said Final Program Reimbursement Amount of allowable costs
for the respective period which have actually been incurred
by Contractor under this Contract during said period,
Contractor shall remit any such excess amount to County.
The Final Program Reimbursement Amount for cost report and
settlement purposes shall be defined as either (1) the total
gross allowable program costs which have actually been
incurred by Contractor hereunder during the respective
period, or (2) the Total Gross Allowable Program Cost amount
for that respective period as specified on Line A.2. in said
Budget, whichever is less, minus the total non-County program
revenues which have actually been collected and provided by
Contractor for the program during said period ending June
30th, computed in accordance with the Budget of Estimated
Program Expenditures included in the Service Plan.
b. Penalty For Late Submission of Cost Report. County may
withhold up to 100% of any Contract payment which is due and
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SPECIAL- CONDITIONS
Number 24-577-3
payable to Contractor during February, 1993 hereunder, or of
any Contract payment which is due and payable to Contractor
for the final month of the Contract if the Contract is
terminated, pending submission of the cost report specified
in Subparagraph a. , above. Upon receipt of said cost report,
in a form and manner acceptable to the Health Services
Director or his designee, County shall release to Contractor
any payment amount which has been withheld by County, subject
to settlement of the Final Program Reimbursement Amount as
set forth in Subparagraph a. , above."
3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated by either party pursuant to Paragraph
5. (Termination) of the General Conditions prior to January 31, 1993, the term of this
Contract shall be automatically extended from January 31, 1993 through April 30, 1993.
During its extended term, this contract is nevertheless subject to all the terms and
conditions applicable during its initial term, including but not limited to General
Conditions Paragraph 5. (Termination) , except as to payment for services rendered
during the extended term. The purpose of this automatic three-month extension is to
allow for continuation of services as specified in this Contract, to avoid
interruption of payment to Contractor, and to allow County time in which to complete
a novation or renewal contract for Contractor and County Board of Supervisors
approval. As to any such three-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment
Limit) of this Contract, is increased by $45,042 (the three-month Payment Limit) and
County's total payments to Contractor for said three-month extension shall not exceed
this three-month Payment Limit, subject, nevertheless, to the aforesaid novation or
renewal contract.
b. County shall pay Contractor monthly payments in accordance with
Payment Provisions as set forth in Paragraph 1. (Payment Amounts) of the Service Plan,
subject to the three-month Payment Limit specified above.
C. Contractor shall continue to provide services as set forth in the
Service Plan, subject to any amendments thereto; all service units (set forth in the
Service Plan and/or Special Conditions) shall be prorated for the three-month period,
and line item budget amounts shall be as set forth in the Extension Period Budget of
Estimated Program Expenditures, which is incorporated herein by reference.
d. In addition to the cost report specified in Paragraph 7. (Cost
Report and Settlement) of the Payment Provisions, as amended by these Special
Conditions, Contractor shall also submit to County, no later than 60 days following
termination of this Contract as extended, an extension period cost report covering
the period of this three-month extension. County and Contractor shall follow the cost
report and settlement procedures specified in above-referenced Paragraph 7. (Cost
Report and Settlement) of the Payment Provisions, subject to the three-month Payment
Limit specified above for the contract extension period.
e. This three-month contract extension shall be subject to any further
agreement (novation) which Contractor and County may enter into covering the provision
of services during the contract period immediately following the contract period
specified in Paragraph 3. (Term) , in accordance with Contra Costa County's current
revision of the project specified in Paragraph 8. (Project) .
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2 Con actor County Dept.
SPECIAL CONDITIONS
Number 24-577-3
4. Ownership and Disposition of Property and Equipment. Equipment and
capital expenditure items with a purchase price of 500 or more and a useful life of
at least one year shall be defined as nonexpendable property. Items with a purchase
price, of less than 500 or a useful life of less than one year shall be defined as
expendable property. Subject to these definitions, the acquisition, utilization, and
disposition of expendable and nonexpendable property shall be determined in accordance
with the principles and statements set forth in Federal Management Circular FMC 74-7
(Attachment N) , a Federal General Services Administration publication dated September
13, 1974; references contained therein to the federal government, federal agencies
or "grantor" shall be construed to mean "County" and references to "grantee" shall
be construed to mean "Contractor." Upon termination of this Contract, or as otherwise
may be prescribed by County, Contractor shall account for and transfer to County all
remaining expendable and nonexpendable property (including supplies and equipment)
loaned by County for use by Contractor or acquired with Contract funds (excluding
items which are not fully depreciated or which are purchased with outside non-County
revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
5. Protection of Property and Eouipment. Throughout the term of this
Contract, and any modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all
program property and equipment loaned by County for use by Contractor or acquired with
Contract funds.
b. Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment
in good working repair at all times.
C. Investigate, fully document, and immediately report to appropriate
police agencies and/or County any loss, theft, or damage to property and equipment.
Contractor shall repair or replace all such items within 60 days with items of
comparable quality and value.
d. Maintain accurate records of all equipment and other such property
loaned by County for use by Contractor or acquired with Contract funds, including
property description, identification numbers, acquisition date and cost, source,
location, use, condition and disposition.
6. Third-Party Payment Liability. Contractor shall be solely responsible
for any payments due from Contractor to third parties or for any liabilities,
obligations, or commitments of Contractor arising from Contractor's performance of
this Contract, including, but not limited to, any payments that Contractor may owe
to contractors or other suppliers for goods and services received by Contractor in
the operating, equipping, altering, remodeling, renovating, or repairing of
Contractor's program and facilities established under this Contract. In no event
shall County be responsible for any payments due from Contractor to third parties or
for any liabilities, obligations, or commitments of Contractor arising from
Contractor's performance of this Contract.
7. Professional Liability Insurance Requirements. The provision of
professional liability insurance coverage by Contractor is optional at Contractor's
sole discretion subject to General Conditions Paragraph 18. (Indemnification) .
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SPECIAL' CONDITIONS
Number. 24-577-3
8. Endorsements. Contractor shall not in its capacity as a contractor with
Contra Costa County publicly endorse or oppose the use of any particular brand name
or commercial product without the prior approval of the Board of Supervisors. In its
County contractor capacity, Contractor shall not publicly attribute qualities or lack
of qualities to a particular brand name or commercial product in the absence of a
well-established and widely-accepted scientific basis for such claims or without the
prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Contractor
is not publicly endorsing a product, as long as the Contractor's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or
on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may
express its views on products to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to .and comply with all Federal,
State and local laws and regulations applicable with respect to its performance under this
Contract, including but not limited to, licensing, employment and purchasing practices; and
wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United States
Government, the Contractor's regular business records and such additional records pertaining
to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining
to this Contract for five years from the date of submission of Contractor's final payment
demand or final Cost Report; for any further period that is required by law; and until all
Federal/State audits are complete and exceptions resolved for this contract's funding period.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor Subcontractor. Pursuant to
Section 1861(v) (1) of the Social Security Act, and any regulations promulgated thereunder,
Contractor shall, upon written request and until the expiration of four years after the
furnishing of services pursuant to this Contract, make available to the Secretary of Health
and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the 'effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and books, documents, and records of
the subcontractor that are necessary to verify the nature and extent of all costs and charges
thereunder.
This special condition is in addition to any and all other terms regarding the maintenance
or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section listing the numbers and dollar amounts of
all contracts and subcontracts relating to the preparation of each such document or written
report. This section shall apply only if the payment limit under this Contract exceeds
$5,000.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by 'either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, and may be
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any of
its obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to - the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract is
terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon
by the parties. Except as expressly provided herein, no other understanding, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind
any of the parties hereto.
7. Further Specifications for Overatinz Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement between the Contractor and the County. Such Informal
Agreements shall be designated as such and shall not be amendments to this Contract except
to the extent that they further detail orclarify that which is already required hereunder.
Such Informal Agreements may not enlarge in any manner the scope of this Contract, including
any sums of money to be paid the Contractor as provided herein. Informal Agreements may be
approved and signed by the head of the County Department for which this Contract is made or
his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors or,
after Board approval, by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment executed
by the Contractor and the County Administrator or his designee, subject to any required State
or Federal approval, provided that such administrative amendments may not materially change
the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in
writing by the head of the County Department for which this Contract is made or his designee
or in accordance with the applicable procedures (if any) required by the State or Federal
Government.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in
the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State
regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be deemed amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with the
requirements of this Contract, or acceptance of the whole or any part of said performance,
or payments therefor, or any combination of these acts, shall not relieve the Contractor's
obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped
from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns
and representatives of Contractor. The Contractor shall not enter into subcontracts for any
work contemplated under this Contract and shall not assign this Contract or monies due or
to become due, without the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
between the parties of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not make, participate in making, or in any way attempt to use the
position afforded them by this Contract to influence any governmental decision in which he ,
or she knows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees to comply with all applicable State or Federal
statutes or regulations respecting confidentiality, including but not limited to, the
identity of persons served under this Contract, their records, or services provided them,
and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any. public officer or agency in connection with the, administration of or
relating to services provided under this Contract will be confidential, and will not be open
to examination for any purpose not directly connected with the administration of such
service.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents and
partners of the above provisions, and that any person knowingly and intentionally disclosing
such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under
this Contract shall be available to all qualified persons regardless of age, sex, race,
religion, color, national origin, or ethnic background, or handicap, and that none shall be
used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly. or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum combined
single limit coverage of $500,000 for all damages, including consequential damages, due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of
property, including the loss of use thereof, arising from each occurrence. Such insurance
shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as
required herein no later than the effective date of this Contract. If the Contractor should
renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to County before
cancellation or material changes of the above specified coverage.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
20. Notices. All notices provided for by this Contract shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to the head of the County Department for which this Contract is made.
Notices to the Contractor shall be addressed to the Contractor's address designated herein.
The effective date of notice shall be the date of deposit in the mails or of other delivery,
except that the effective date of notice to the County shall be the date of receipt by the
head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit
any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this Contract
will be purchased by County under a new contract following expiration 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 Section 107) , such
interest or improvements may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes levied on such interest.
Contractor agrees that this provision complies with the notice requirements of Revenue &
Taxation Code Section 107.6, and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services
under this Contract may provide some aid or assistance to members of the County's population,
it is not the intention of either the County or Contractor that such individuals occupy the
position of intended third-party beneficiaries of the obligations assumed by either party
to this Contract.
25. Covvrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the
express written consent of the County Administrator. If any material is subject to
copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others to do so.
5