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HomeMy WebLinkAboutMINUTES - 05251993 - 1.46 TO: BOARD OF SUPERVISORS 1 -4b FROM: Mark Finucane, Health Services Director N Contra By: Elizabeth A. Spooner, Contracts Administrator Costa DATE: May 11 , 1993 County SUBJECT: Approval of Standard Agreement #24-757-16 with the State Department of Rehabilitation 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, Standard Agreement #24-757-16 with the State Department of Rehabilitation in the amount of $110, 018, for the period July 1, 1993 through June 30, 1994, for employment rehabilitation and training for alcoholics who have participated in County alcohol programs. II. FINANCIAL IMPACT: Funding for this Program is included in the Department's FY 1993-94 Budget projections. The total cost for this program is $110, 018, which is funded by an allocation from the State Department of Alcohol and Drug Programs with a required County match and by an allocation to the State Department of Rehabilitation from the Federal government, as follows: $ 86, 584 Federal Allocation to the State 18,573 State Allocation to the County 4 , 861 Required County Match $ 110, 018 Total Program Cost III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The State Department of Rehabilitation receives monies to provide training and vocational services for people with alcohol problems. This agency provides vocational rehabilitation services to all of the alcohol program providers in this County. Such services are necessary to assist individuals in obtaining jobs and in returning as functioning members of society. The Board Chair should sign nine copies of the agreement, eight of which should then be returned to the Contracts and Grants Unit for submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: Q G--D—••-¢_rte RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD COM ITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS cam_ 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 SUPERVISOR ;O,,N THE DATE SHOWN. CC: Health Services (Contracts) 15 , 12i_3 ATTESTED Auditor-Controller State Department of Rehabilitation Phil Batchelor,Clerk of the Board of $dpe iwr3IWCA=t1AdM1DISt aW d /;� M382/7-e8 BY DEPUTY TO: BOARD OF SUPERVISORS nr�} FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts AdministratorCosta DATE: May 11 , 1993 County SUBJECT: Approval of Standard Agreement #24-757-16 with the State Department of Rehabilitation 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, Standard Agreement #24-757-16 with the State Department of Rehabilitation in the amount of $110, 018, for the period July 1, 1993 through June 30, 1994 , for employment rehabilitation and training for alcoholics who have participated in County alcohol programs. II. FINANCIAL IMPACT: Funding for this Program is included in the Department's FY 1993-94 Budget projections. The total cost for this program is $110, 018, which is funded by an allocation from the State Department of Alcohol and Drug Programs with a required County match and by an allocation to the State Department of Rehabilitation from the Federal government, as follows: $ 86, 584 Federal Allocation to the State 18, 573 State Allocation to the County 4 ,861 Required County Match $ 110,018 Total Program Coat III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The State Department of Rehabilitation receives monies to provide training and vocational services for people with alcohol problems. This agency provides vocational rehabilitation services to all of the alcohol program providers in this County. Such services are necessary to assist individuals in obtaining jobs and in returning as functioning members of society. The Board Chair should sign nine copies of the agreement, eight of which should then be returned to the Contracts and Grants Unit for submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMDATI N OF BOARD COMMITTEE 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 ON THE DATE SHOWN. .c— CC: Health Services (Contracts) ATTESTED J Risk management Phil Batchelor,Werk of the Nord of Auditor-Controller Supervisors and County Administrator Contractor M3e2/7-83 BY "' , DEPUTY . ` NATE OF'C:.LIFJPNIA 1 -46 X - APPROVED BY THE CONTRACT NUMBER AM.NO. STANDARD AGREEMENT ATTORNEY GENERAL STD.2(REV.5-91) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 25th day of M3Y 19933_, 94-6000509 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE I AGENCY 241 - 757 - 16 n=nllty Director/Admin Services I Department of Rehabilitation hereafter called the State,and CONTRACTOR'S NAME Contra .Costa County - Health Services Department hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) This contract between Contra Costa County - Health Services Department (Contractor)and the State of California Department of Rehabilitation(State)is for the State to purchase services for disabled individuals from Contractor in accordance with the attached Program Narrative (Attachment B). 1. This contract shall be effective July 1, 1993 and terminate June 30, 1994 except that it may be terminated by either party upon thirty (30) days written notice to the other party. This contract shall not be in effect until approved by the other State agencies as necessary. No provision of this Contract shall be interpreted to authorize expenditures or reimbursements for items not strictly in conformance with appropriate State or Federal Guidelines. CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(It otherthan an individual state whether a aotporation,partnership,etc.) ^� DEPARTMENT OF REHABILITATION Contra Costa County BY(AUTHORIZED SIGNATURE) BY(AU, nrli aVE[6SIQUAn'oc.) > PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING VERNE L. ALBRIGHT Chair, Board of Supervisors TITLE ADDRESS CHIEF, BUDGETS AND CONTRACTS 651 Pine Street, Martinez, CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT SUPPORT GENERAL Use Only `+' (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ ITEM CHAPTER STATUTE FISCAL YEAR D TOTAL AMOUNT ENCUMBERED TO 5160-001-001-(a) DATE OBJECT OF EXPENDITURE(CODE AND TITLE) 1 hereby certify upon my own personal knowledge that budgeted funds 7T.i.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE D 7 CONTRACTOR 7 STATE AGENCY DEPT.OF GEN.SER. F-1 CONTROLLER STATE OF CALIFORNIA ` STANDARD AGREEMENT ST^u.2(REV. 5.91) (REVERSE) 1. The Contractor agrees to indemnify,defend and save harmless the State,its officers,agents and employees from any and all claims and losses accruing or resulting.to any and all contractors, subcontractors, materialmen,laborers and any other person,firm or corporation s urnishing or supplying work services, materials or supplies in connection with the performance of this contract,and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged-by the `- Contractor in the performance of this contract. 2. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement,and the balance,if any,shall be paid the Contractor upon demand. t. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto,and no oral understanding or agreement not incorporated herein,shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for. all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. jA ... ........ --' -- - -- ....__........ .......:......---__..._ ....._..— _ _.._—_.: - --- .._.....-'--. .---... ---- .-.•.+.�.:.r--.as.oaK_vwa,+r���,are•..:-.c:...msrna.s.r.'...'.•....�•�ww-ww.-.c. - c.w..._. __ -:..::.,..,.,::....,_;.t,E:�..J J. • 'err -� ��+�.�' r��� _...UIa4n....... . i3Cq i�z-,4,":s e;,f %:,; .-..::2';'L::TZAQ: .�iS!Y�7' i J'a:Y� I3?I� �•V x- .� '.:�•RvS:it ._:,'...,..........,-NIC_ -A':'L: •"w , ..`F 'v,-*a :i' .'.4+1•.• 'Cc}` .+,7. :'iY" - •::a: '.:t � ;�+-ko.,o-_ .'L'•r '-_ ;...L xe:..r.. _.:'Epk.:r .,�'.Y., yw:• �.' ��.f'�YY.t.3.1a '3{�, �':�..r� �. .....__�,.,_..-._...._..--'-'-'-'i:—`-^"-^SYS...2:JS.,-�'^ •�_ �...?f4,,-..."r�-�:'' anis(F. :,1�'ut— -J..:.":,rLu.' 'uy�'tl�•t i4a ,r ::_ ,. S :1`/� .:+n,• ::;.;,.<.-...:.i�T..+:.sYv.14�`-:4a�Ylw'�'-.'9.A•�`a� Y Cyt..:.. -'kl;` �:t ... ... ..............T•7.C.••`-- •.•-^_:I�,}„ r A �•a'�'a Rte.ia..: .. .. ., .r_..r�t.!s_ ...a_ A__.. w.:�kx•?S.t,.s.luA L�'fi7ssi W?.'�.....-. .. ..•:.i,�', a-cif�� tiv:.•aud.-.P:"W3'^2Y.....Y-±fad�!:�:....i_...;:Flt!-•:Ja.�srxY•i....._ ..... Contract # 2. The total expenditures under the terms of this agreement shall not exceed 100% of the Program Budget of which 21.3% shall be the total Agency share; and the State share is 78.7% Federal funds allotted to the State under Section 110 of the Rehabilitation Act of 1973. The source of Agency funding shall be indicated on "Program Budget", if appropriate. 3. All notices required to be given by either party, shall be in writing and sent by registered mail, or personally delivered, to the address indicated above. Mailing address may be changed by appropriate written notice. 4. Attachments marked "Program Budget", Nondiscrimination Clause", "Condition of Program Administration","Plan of Operation", "Drug—Free"Workplace Certification, and "Statement of Compliance", are hereby incorporated into this agreement. 2 CONDITIONS OF PROGRAM AD TION L TERMINATION PROVISION This agreement shall continue in full force from the starting date through June 30 of terminating year. Either party may terminate this agreement in 30 days, with written notice to the other party. In addition, either party may terminate this agreement immediately upon notification that some portion of their share of funds derived from other sources is unavailable for this agreement or for any portion hereof. Continuation of this agreement is contingent upon the availability of Federal funds to the State and the availability of non—Federal funds to the agency. Notwithstanding other provisions of this section, the failure of either party or its officers, agents, or employees to comply with the terms of this agreement or directions issued pursuant thereto shall constitute a material breach and allow this agreement to be terminated immediately by the other party. Failure to exercise this right of termination shall not constitute a waiver of such right,which may be exercised at any subsequent time. In any event, this agreement may be terminated by either party upon thirty (30) days prior written notice. IL STATUS OF PERSONNEL The officers, agents and all employees of either party shall,in the performance of this agreement, act in an independent capacity and not as officers, agents or employees of the other party, nor have the benefits or privileges thereof. III. SUPERVISION Notwithstanding provisions to the contrary, State shall supervise provision of vocational rehabilitation services authorized by the Rehabilitation Act of 1973 (Public law 93-112)as ammended, and the State Plan for Vocational Rehabilitation Services. Client eligibility, and scope of services to be provided by this agreement shall be determined by State in accordance with all applicable laws and State regulations. IV. CONFIDENTIALITY Each party shall maintain the confidentiality of records and information in accordance with all applicable laws and regulations, and shall inform all its officers, agents, and employees of such confidentiality provision. V. PROGRAM EVALUATION State will evaluate the program in accordance with Federal and State requirements, on the same basis as the State's other programs to determine the characteristics of individuals served by this program, and the results of services under this program. 3 VI. PAYMENTS State will bill Agency quarterly in arrears for twenty-five percent (25%) of the total Agency share during the fiscal year. During the final quarter Agency will be billed up to the actual total fiscal year expenditure level, not to exceed the total Agency share indicates. If services, not normally reimbursable under the "Program Budget" are required by a person receiving services hereunder, State shall obtain Agency's consent prior to providing the service or making an appropriate referral. Failure to obtain such prior consent will result in all related costs being borne by the State. State shall not be obligated to reimburse Agency of any contributions made by Agency in accordance with the approved budget, it being understood that all matching funds obtained by the State shall become the exclusive funds of the State. VII. REPORTS AND RECORDS Agency shall maintain accounts and records in connection with this program for a period of three (3) years after termination of this agreement. Agency shall submit to State such reports, accounts, and records deemed necessary by State to discharge its obligation under State and Federal law. Agency shall provide State's staff access to all Agency records and evaluation of individuals referred to the program, with the written consent of the individual. For each Fiscal Year period this agreement is in effect, State shall provide Agency with two (2) copies of an Annual Cost Report, within sixty (60) days following the close of such fiscal year. This Annual Cost Report shall be prepared in accordance with the Agency's payment and cost reporting system as amended and any other written guidelines/forms provided by the Agency to State at least sixty (60) days prior to the date such report is due to Agency. In the event of termination, the Annual Cost Report shall be submitted within sixty (60) days of the effective date of termination to Agency. Adequate financial records shall be maintained by State to clearly reflect the cost of services for which payment is claimed. Any apportionment of costs shall be made in accordance with accepted accounting principles in order to reflect the true costs of the services rendered. State shall make all such records available for inspection by appropriate Agency employees. VIII. PROVISION OF SERVICES State shall assign to serve as program staff, State employed vocational rehabilitation case carrying staff and other personnel required to discharge its functions under the terms of this agreement, the "Rehabilitation Act of 1973 as amended (Public Law 93-112), and the "State Plan for Vocational Rehabilitation Services". This shall include all administrative, supervisory, technical, and consultative services necessary to fulfill State's responsibilities under the terms of this agreement. 4 State shall specify the nature and scope of services to be provided by State; determine and certify the eligibility of all individuals acceptable for services; authorize all vocational rehabilitation expenditures as provided by the "Project Budget", provide suitable space where appropriate for staff assigned to program and such building maintenance, utilities, and custodial help as may be necessary to service said space; and perform such other duties and functions as it deems necessary to implement this program. Agency shall provide all necessary Agency services to individuals to which they are entitled under existing Agency programs, without any cost of State; and perform such other duties and functions set forth in the "Plan of Operation". DL ALTERATION OF TERMS This agreement fully expresses all understandings of each party concerning all matters covered. No addition to, or alteration of, the terms of this agreement shall be valid unless made in the form of a written amendment to this agreement, and formally approved and executed by the Agency and State. IL AUDIT REQUIREMENTS Federal Public Law 98-502, called the "Single Audit Act" of 1984, requires that recipients of federal financial assistance have an annual audit made in accordance with the Office of Management and Budget (OMB) Circular A-128. Agency agrees to include a clause in the contract with the audit firm that all working papers of the independent audit firm are to be retained and accessible to the State for a mini of three (3) years, unless the State notifies the Agency in writing to extend that retention period. Agency agrees that the cost of such an audit will be charged to federal assistance programs in accordance with Public Law 98-502 and OMB Circular A-128. XL ADA By signing this Contract, Contractor assures the Department of Rehabilitation that it shall comply with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et. seq.) which prohibits discrimination on the basis of disability,as well as all applicable Federal and State laws and regulations, guidelines and interpretations issued thereto. 5 PLAN OF OPERATION ALCOHOLISM PROGRAM DEPARTMENT OF REHABILITATION GENERAL DESCRIPTION During the term of this agreement, State's performance shall include, but is not limited to, the following services and other duties, in accordance with State and Federal Laws, as appropriate: A. Evaluation, including the establishment of a.disability of alcoholism, drug abuse or both, plus other diagnostic and related services, incidental to the determination of eligibility for and the nature of scope of services to be provided; B. Counseling, guidance, and placement services for chemically addicted individuals. including follow-up services to assist such individuals to maintain employment; C. Training services for chemically addicted individuals, which shall include personal and vocational adjustment, books and other training materials; and D. Recruitment and training services for chemically addicted individuals to provide them with employment opportunities. Agency shall provide the following services for the implementation of this agreement as appropriate. A. Select appropriate individuals and refer to State; B. Diagnose the individuals, prior to referral to State; C. Provide all services which fall within the Agency's scope of operation; D. Describe the physical and emotional - limitations of the referred individual for rehabilitation purposes; and E. Provide State with written reports concerning the diagnosis, prognosis, and limitations of the individuals referred to the State. It shall be the responsibility of the designated representatives of State and Agency to negotiate, on a local basis, the specific working arrangements necessary to implement the provisions of this agreement. These working arrangements shall include, but are not limited to: client needs, referral processes, services, locations, staff relationships, resources, expectations, and reports. 6 DEPARTMENT OF REHABILITATION CONTRA COSTA COUNTY ALCOHOL PROGRAM BUDGET FISCAL YEAR 1993 - 94 (1.0 FTE POSITIONS) Contract # PROGRAM PERSONAL SERVICES COSTS TOTALS Counseling and Support Services - 1 .0 Counselor units ( 1 . 47 Positions) $ 50, 508 Less : Salary Savings ( 6 . 60) (-3,334 ) Net Salaries 47,174 Plus : Staff Benefits ( 30 . 190) 14, 242 TOTAL PERSONAL SERVICES $ 61, 416 OPERATING EXPENSES General Expense $ 1, 380 Printing 360 Communications 1, 292 Postage 970 Travel 2, 460 Training 130 Facility Operations 8, 388 Utilities 140 Medical Consultant Contracts 1, 366 Case Services 23, 032 TOTAL OPERATING EXPENSES $ 39 , 518 TOTAL DIRECT COSTS $100,934 Administrative Overhead ( 90 ) 9 , 084 TOTAL BUDGET $110 , 018 SOURCE OF FUNDS Agency Share ( 21 . 30 ) $ 23, 434 Department Share ( 78 .7% ) 86 , 584 TOTAL BUDGET $110 , 018 STATE OF CALIFORNIA Std. 17A (New 5/83) NONDISCRIMINATION CLAUSE (OCP - 2) 1. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, re4ion, color, national origin, ancestry, physical handicap, mental disability, medical ti condition, marital status, age or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Contractor shall comply with the provisions of the Fair Employment and Houseing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135- 11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. 3. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 4. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontractors to perform work under the contract. STATE OF CALIF'OMIA DRUG-FREE WORKPLACE CERTIFICATION STD.21(NEW 11-90) COMPANYIORGAWATION NAME Contra Costa County - Health Services Department The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFXUL'S.NAME DATEEXECUrED TEX N TM COUN"OF Contra Costo CONTRACTOR Q GRANT RIMPEW SMAT M PMI` 'n%E Chair, Board of Supervisors FEDE`"`LD.NMBM 94-6000509 STATE OF tALRFORNIA NONDISCRIMINATION COMPLIANCE STATEMENT STD.19(REV.391) COMPANY NAME Contra Costa County - Health Services Department The company named above (hereinafter referred to as "prospective contractor") hereby cer unless specifically exempted, compliance with Government Code Section 12990 and Cali: Code of Regulations, Title 2, Division 4, Chapter S in matters relating to the develop implementation and maintenance of a nondiscrimination program. Prospective contractor a. not to unlawfully discriminate against any employee or applicant for employment because of religion, color, national origin, ancestry, physical handicap, medical condition (cancer rely marital status, sex or age (over forty). CERTIFICATION 1, the official named below, hereby swear that I am duly authorized to legally bind the prospeC contractor to the above described certification.I am fully aware that this certification,execute: the date and in the county below, is made under penalty of perjury under the laws of the Stat:. California. OFFICIAL'S NAME DATE EXECUTED EXECUTED IN THE COUNTY OF Contra Costa PROSPECTIVE CONTRACTORS SIGNATURE PROSPECTIVE CONTRACTORS TITLE Chair, Board of Supervisors PROSPECTIVE CONTRACTORS FEDERAL EMPLOYER IDENTIFICATION NUMBER 94-6000509