HomeMy WebLinkAboutMINUTES - 05241994 - 1.34 22 t. 3
T1 0: TBOARD OF SUPERVISORS 4 r-v�
FROM: Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATES May 12, 1994 County
SUBJECT: Approval of Standard Agreement #24-757-17 with
the State Department of Rehabilitation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) Sc BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION:
Approve and authorize the Health Services Director or his designee
(Chuck Deutschman) to execute on behalf of the County, Standard
Agreement #24-757-17 with the State Department of Rehabilitation, for
the period from July 1,1994 through June 30, 1995, with a payment
limit of $114 , 696, 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 1994-95
Fiscal Year Budget. The total cost for this program is $114, 696,
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:
$ 90, 266 Federal Allocation to the State
17, 042 State Allocation to the County
7 .388 Required County Match
$ 114, 696 Total Program Cost
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The State Department of Rehabilitation receives funds from the Federal
government to provide training and vocational services for people with
problems related to alcohol abuse. Vocational rehabilitation services
are provided to all of the alcohol program providers in this County.
Such services are vital to enable individuals with alcohol problems to
obtain jobs and to return as functioning members of society.
Approval on Standard Agreement #24-757-17 will provide for
continuation of these services through Fiscal Year 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATI NOF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON a APPROVED AS RECOMMENDED +� OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 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.
Cc- Health Services (Contracts) ATTESTED
Auditor-Controller (Accounts Payable) Phil Batchelor, Clerk of t Ie Board of
State Department of Rehabilitation $uperyi�orsa�tttlGount�tAQmia'Is1ratusr
M3e2/7-e3 BY _
, DEPUTY
JIAIt VI'l.A!.ItVnrvin �' —/.
S ANUARD AGREEMENT- ATTORNEY GENERAL APPROVED BY THE CONTRACT NUMBER
STD.2(REV.5-91) AZ 4_t ® 57 ® 7 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 23rd day of May , 19 Q4 , 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 AGENCY
Deputy Director/Administrative Services Department of Rehabilitation hereafter called the State,and
CONTRACTOR'S NAME
CONTRA COSTA COUNTY for its 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,amotvtt to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
This contract between CONM COSTA COUNTY for its HEALTH SERVICES DEPARTMENT
(Contractor) and the State of California Department of Rehabilitation(State) is for the State to purchase services for disabled individuals in
accordance with the attached Program Narrative Plan of Operation.
1. This contract shall be effective July 1, 1994 and terminate June 30, 1995 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(!f other Man an indA4dua(state whether a owpwation.pennemhip,etc)
DEPARTMENT OF RE14ABILIIATION Contra Costa Count
BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
D
PRINTED NAME OF PERSON SIGNING p,RINTED NOE AND TITS E OF PERSON SIGNING
VERNE L. AL13RIGHT Chuck Deutscriman
9&-&-4:er-, Sebstanee Abuse Divi—ion
TITLE
CHIEF, BUDGETS AND CONTRACTS 651 Pine Street, Martinez, CA 94553
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(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
TOTAL AMOUNT ENCUMBERED TO99 4/95
5160-001-001—(a) t A
DATE 08JECT OF EXPENDITURE(CODE AND TITLE)
1 hereby certify upon my own personal laroWedge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER
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", are hereby incorporated into this agreement.
2
CONDITIONS OF PROGRAM ADMINISTRATION
I. 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.
II. 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
amended, and the State Plan for Vocational Rehabilitation Services. Consumers 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".
IX. 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.
X. 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 minimum 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.
XI. 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.
XII. DRUG-FREE WORKPLACE CERTIFICATION
By signing this Contract, Contractor hereby certifies under penalty of perjury under the laws of
the State of California that the contractor will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
a) 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).
5
b) Establish a Drug-Free Awareness Program as required by Government Code Section
8355(b) to inform employees about all of the following.
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
C) Provide, as required by Government Code Section 8355(c), that every employee who
works on the proposed contract:
1) will receive a copy of the company's drug-free policy statement; and
2) will agree to abide by the terms of the company's statement as a condition of
employment on the contract.
Failure to comply with these requirements may result in suspension of payments under the
contract of terminatiori of the contract or both and the contractor may be ineligible for aware of
any future state contracts if the department determines that any of the following has occurred:
1) the Contractor has made false certification, or
2) violates the certification by failing to carry out the requirements as noted above.
XIII. STATEMENT OF COMPLIANCE
"Nondiscrimination Compliance Statement: The prospective contractor's signature affixed
hereon and dated shall constitute a certification under the penalty of perjury under the laws of
the State of California that the bidder has, unless exempted, complied with the nondiscrimination
program requirements of Government Code Section 12990 and Title 2, California Code of
Regulations, Section 8102."
6
STATE OF CALIFORNIA
NONDISCRIMINATION CLAUSE (OCP-1)
STD.17A(REV.2-93)
1. During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate,
harass or allow harassment,against any employee or applicant for employment because of sex,race,color,
ancestry, religious creed,national origin,physical disability-(including HIV and AIDS),mental disability,
medical condition(cancer), age (over 40), marital status, and denial of family care leave. Contractors and
subcontractors shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Contractor and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act(Government Code,Section 12900 et seq.)and
the applicable regulations promulgated thereunder(California Code of Regulations,Title 2,Section 7285.0
et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code,Section 12990(a-f),set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full.
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.
2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
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 could 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: consumers needs, referral processes,
services, locations, staff relationships, resources, expectations, and reports.
r
DEPARTMENT OF REHABILITATION Attachment A
Alcohol Program Budget
CONTRA COSTA COUNTY
FISCAL YEAR 1994-95
PERSONAL SERVICES PROGRAM COSTS TOTALS
Counseling and Support Services -
1 Counselor Unit (1.5 positions) $ 54,312
Less: Salary Savings (6.88%) ($ 3.737)
Net Salaries $ 50,575
Plus: Staff Benefits (29.92%) $ 15,132
TOTAL PERSONAL SERVICES $ 65,707
OPERATING EXPENSES
General Expense $ 1,648
Printing 240
Communications 1,386
Postage 797
Travel 1,835
Training 118
Facilities Operations 8,297
Utilities 144
Medical Consultants 1,154
Health & Welfare Data Center 2,153
Case Service 21,923
TOTAL OPERATING EXPENSES $ 39,695
Admin Overhead (9% on Direct Costs) 9,293
TOTAL BUDGET $ 114,695
SOURCE OF FUNDS
Agency Share (21.3%) $ 24,430
Department Share (78.7%) 90,265
TOTAL BUDGET $ 114,695