HomeMy WebLinkAboutMINUTES - 07121994 - 1.84 TO: BOARD OF SUPERVISORS /,
FROM: Mark Finucane, Health Services Director Yv - �� Contra
By: Elizabeth A. Spooner, Contracts Administrator4a Costa
DATE: June 28, 1994 County
SUBJECT: Approval of Standard Contract #24-301-26 with
Center for Human -Development
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & 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
Contract #24-301-26 with Center for Human Development, for the period
from July 1, 1994 through June 30, 1995, with a payment limit of
$78,722 , for the school-based community Youth Educator Program and the
Federal "High Risk Youth" Project. This document includes provision
for a six-month automatic contract extension for the period from July
1, 1995 through December 31, 1995 with an extension period payment
limit of $39, 361.
II. FINANCIAL IMPACT:
This Contract is included in the Department's Fiscal Year 1994-95,
funded by State Drug Abuse Block Grant Funds for the "School-Based
Community Primary Prevention Program" and the Federal "School-Based
Prevention Grant" . No County funding is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The County's School-Community Primary Prevention Program has been
funded by the State since 1983 . In addition, the County receives
Federal funds to provide prevention services to high risk youth.
The Center for Human Development has been providing these substance
abuse prevention services under Standard Contract #24-301-25,
effective January 1, 1994 through June 30, 1994 , which was approval by
the Board of Supervisors on February 1, 1994 .
Approval of Standard Contract #24-301-26 will allow the Contractor to
continue providing services through Fiscal Year 1994-95.
CONTINUED ON ATTACHMENT: YES SIGNATURE: '
RECOMMENDATION OF COUNTY ADMINISTRATOR R OMME AT NOF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VO/TE OF SUPERVISORS
v 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.
CC: Health Services (Contracts) ATTESTED 2.
Risk Management Phil gaiAeftfk of he Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83
BY � 0�^4, Q�,� DEPUTY
Contra- Costa -County STANDARD. CONTRACT ` Number 24-301-26
Standard Form 1/87 (Purchase of Services) Fund/Org # 5936
Account # 2320
Other #
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: School-Based Community Primary Prevention Project: Youth Educator Program
(State SCPPP) and "High Risk Youth" Project (Federal DFSC)
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: CENTER FOR HUMAN DEVELOPMENT
Capacity: Nonprofit California corporation a r JI .. # Not Applicable
Address: 391 Taylor Boulevard, #120, Pleasan• , 1 li nia 94523
3. Term. The effective date of this Contract is July 1. 1994 and it terminates
June 30. 1995 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $78,722.
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, a copy of which is on file with the offices of
County's Substance Abuse Division.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 53703.
10. Signatures. These signatures att t -arties' agreement hereto:
Co DC�. � CO TA CALIFORNIA
AT
Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
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 tvo officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknovledged as set forth on page tvo.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-301-26
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By 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 representative(s) 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:
[Notarial Seal]
Notary Public/Deputy County Clerk
-2-
Contra Costa -County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-26
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. Subject to later adjustments in total Rayments 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:
Monthly payments in an amount equal to 90% of Contractor's net allowable
contract costs which have actually been incurred and/or paid by Contractor
each month (i.e. , reimbursement in arrears for 90% of actual
expenditures) , computed in accordance with and subject to the attached
Budget of Estimated Program Expenditures which is incorporated herein by
reference. 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.
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
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Contra Costa •County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-26
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) .
[ ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[X] 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 specified 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
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Contra Costa -County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-26
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 sixty (60) 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.
8. Audits. The records of the Contractor may be audited by the County, State, or United
States government, in addition to any certified cost report or audit required by the
Service Plan. Any certified cost report or audit required by the Service Plan shall be
submitted to County by Contractor within such period of time as may be expressed by
applicable State or Federal regulations, policies or contracts, but in no event later
than 18 months from the termination date of this Contract. If such audit(s) show that
the payments made by County exceed the allowable costs that have actually been incurred
by Contractor under this Contract, including any adjustments made pursuant to Paragraph
7. (Cost Report and Settlement) above, then Contractor shall pay to County within 30
days of demand by County any such excess amount. If such audit(s) show that the
allowable costs that have actually been incurred by Contractor under this Contract
exceed the payments made by County, including any adjustments made pursuant to
Paragraph 7. (Cost Report and Settlement) , then County agrees to pay to Contractor any
such excess amount, provided that the payments made, together with any such excess
payment, may not exceed the contract payment limit.
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,
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Contra Costa •County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-26
whichever is larger, or the final payment, from Contractor until County receives the
audit from Contractor.
10. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above,
Contractor agrees to accept responsibility for receiving, replying to, and/or complying
with any audit exceptions by appropriate County, State or Federal audit 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) above, and subject
to the attached Budget of Estimated Program Expenditures, 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 System Manual, Chapter II (Accounting Standards and
Guidelines) including 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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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1994-95
Number 24-301-26
A. GROSS OPERATIONAL BUDGET 12-MONTH FISCAL YEAR PERIOD
STATE YOUTH FEDERAL HIGH-
EDUCATOR RISK YOUTH
1. COST CATEGORIES SCPPP PROGRAM DFSC PROGRAM
a. PERSONNEL SALARIES AND BENEFITS (Direct Costs)
(1) Staff Salaries $26,090 $20,918
(2) Benefits, FICA & Other Wage-Related
Expenses 5.218 4. 184
(3) SUBTOTAL AMOUNT $31,308 $25,102
b. OPERATIONAL COSTS (Direct Costs)
(1) Space (Rent/Lease) $ 4,773 $3,827
(2) Utilities (Water, PG&E, etc. ) 0 0
(3) Telephone 613 492
(4) Office Supplies 389 312
(5) Curriculum Supplies 278 222
(6) Staff Travel Mileage 278 222
(7) Books/Publication 0 0
(8) Training/Conference 0 0
(9) Postage 444 356
(10) Printing 1,221 979
(11) Equipment Repair/Maintenance 358 287
(12) Depreciation 0 0
(13) Food/Public Relations 180 145
(14) Meeting Rooms (Rental) 0 0
(15) Equipment Rental 214 171
(16) Consultants 818 82
(17) Liability Insurance 419 336
(18) Audit 430 345
(19) Accounting Personnel 147 117
(20) SUBTOTAL AMOUNT $10,562 $ 7,893
C. INDIRECT COSTS (SUBTOTAL AMOUNT) 6,995 5,608
2. TOTAL GROSS ALLOWABLE PROGRAM COST 148 865 38 603
B. LESS 10% REQUIRED HARD MATCH FUNDS
(To be collected and provided by Contractor) ($ 4.886) ($ 3.860)
C. NET ALLOWABLE FISCAL YEAR COST 43,979 34 743
(Total Program Payment Limits)
TOTAL CONTRACT PAYMENT LIMIT 78 722
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1994-95
Number 24-301-26
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Contract Payment Limit and to State
guidelines, each cost category Subtotal Amount set forth in Section A.1. above:
1. May vary in each program by up to 10% in any fiscal year without approval by County; and
2. May be changed in each program in excess of 10% in any fiscal year provided, however, that
Contractor has obtained prior written authorization to May 1, 1995, from the Department's
Substance Abuse Division Director, or his designee, 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 May 1st of the Fiscal Year period under this
Contract from the Department's Substance Abuse Division Director 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 of operational and
administrative expenses by cost center and listing numbers of staff positions by job
classification.
G. ACCOUNTING FOR FEDERAL FUNDS. This Contract Payment Limit is funded by $16,531 of
Drug Free Schools and Community Act (DFSC) Funds. Contractor shall:
1. Maintain a clear audit trail for the use of these federal 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 April 5, 1995, 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, to Special Conditions
Paragraph 2. (Cost Report and Settlement) .
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SERVICE PLAN
Number 24-301-26
1. Service Specifications. Contractor shall provide training, consultation, technical
assistance, and culturally and ethnically relevant drug abuse prevention curricula to schools
participating in the State-funded Youth Educator Program. Contractor shall train "Adult
Trainers" consisting of school site staff and volunteers (in participating Contra Costa
County middle, junior and senior high schools) . Under the supervision of Contractor, "Adult
Trainers" will recruit, train, and supervise 480 Youth Educators in the delivery of
prevention programming to 6,300 7th and 8th graders.
Contractor shall provide enhanced school- and community-based primary prevention services to
Countywide "high risk" , 7th grade students under the federally-funded High Risk Youth
Project. Federal criteria define a "high risk youth" as an individual who is under 21 years
of age, who is at increased risk of becoming, or who has been a drug or alcohol abuser, and
who is economically disadvantaged, subject to the specifications set forth in State Letter
DDP #90-20 (dated 6/20/90) Section II.D. , pages 15 and 16. 7th and 8th grade students living
in households receiving AFDC and/or with family incomes in the lower quartile of the county
averages shall be designated as "high risk youth" . Contractor shall ensure that the Federal
Drug Free Schools and Communities Act (DFSC) funds provided under this Contract for school-
based prevention activities are limited to services for "high risk youth" .
Contractor shall carry out program goals in accordance with the application it submitted to
the State Department of Alcohol and Drug Programs.
A. Youth Educator Program.
(1) Provide information, consultation and technical assistance to schools and
communities regarding the Youth Educator Program (YEP) and prevention issues and strategies.
Complete written records of consultation and technical assistance efforts shall be maintained
by Contractor.
(2) Provide ongoing technical assistance and consultation to YEP Adult
trainers.
(3) Design and deliver a 21-hour training for new Adult Trainers. Complete
written records of training agenda(s) and training attendance shall be maintained by
Contractor.
(4) Deliver a one-day Recertification Training for experienced Adult Trainers.
Complete written records of training curriculum and training attendance shall be maintained
by Contractor.
(5) Design and present four (4) two (2) two hour workshops for Adult Trainers
on topics relevant to teen substance abuse prevention and health promotion. Complete written
records of training agenda and workshop attendance shall be maintained by Contractor.
(6) Design and present a one-day Countywide conference for all Youth Educators
and their Adult Trainers. Complete written records of conference agenda and conference
attendance shall be maintained by Contractor.
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SERVICE PLAN
Number 24-301-26
(7) Provide and continuously update the culturally and ethnically relevant
Trainers Manual which shall be used by the Adult Trainers to deliver a 40-hour course to the
Youth Educators.
(8) Provide, review, and revise, as necessary, the 7th and 8th grade curricula
(which is culturally and ethnically relevant) used by Youth Educators to deliver a 7 or 8
week course to middle school youth.
(9) Provide five (5) presentations to community groups concerning the Youth
Educator Program.
(10) Network with appropriate community groups and agencies, specifically
including youth suicide prevention and youth violence prevention programs.
(11) Develop and administer a survey to at least a 50% sampling of 7th and at
least a 50% sampling of 8th grade students to determine the use of alcohol, inhalants,
tobacco and other drugs. Compile and analyze response data (to include recommendations to
address drug use data information) which shall be included in Contractor's Annual Report.
B. Youth Educator - High Risk Youth Program. This program shall be implemented
throughout the County in accordance with the definition of "High Risk Youth" set forth above.
Targeted School Districts shall include and be located in the following areas: West Contra
Costa County, Pittsburg, and Martinez. Training, consultation and technical assistance shall
be provided by Contractor's staff to Adult Trainers. In providing services hereunder,
Contractor shall:
(1) Assist school and School District personnel in the selection of Adult
Trainers.
(2) Provide on-going technical and practical assistance, and consultation to
"high risk" Adult Trainers.
(3) Design and present three (3) one-and-one-half (13�) hour inservice sessions
for Adult Trainers. Topics shall be relevant to health promotion and substance abuse
prevention for high risk youth. Complete written records of In-service trainings shall be
maintained by Contractor.
(4) Design and conduct five (5) three (3) hour trainings/workshops for "high
risk" students, not exposed to the Youth Educator program, on topics relevant to health
promotion and substance abuse prevention.
(5) Evaluate the effectiveness of trainings/workshops by the use of
questionnaires to the participants.
(6) Design and distribute alternative lesson plans regarding issues confronting
"high risk" youth (i.e. , gang violence, drug dealing and suicide) .
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SERVICE PLAN
Number 24-301-26
2. Service Unit Definition. The number of primary prevention units of service shall be
calculated by multiplying the number of Contractor's professional staff conducting a primary
prevention activity by the number of participants in attendance at the event.
3. Number of Service Units. Subject to sufficient referrals by County and other
authorized referral sources, Contractor shall provide for County under this Contract not less
than 4,440 primary prevention units of service.
4. 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.
5. 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 August 31st, or 60 days following the termination
of this Contract, whichever comes first, Contractor shall prepare and submit to County an
Annual Performance Report, in the form and manner prescribed by County's Department Director,
or his designee, covering the period ending June 30th under this Contract.
6. Service Program Administration and Fiscal Management. Contractor shall administer the
service programs covered by this Contract as separate organizational, administrative, and
fiscal activities and shall keep these programs separate and distinct from each other and
from other activities, including, but not limited to, the most current version of
Contractor's Contracts #24-259 and #24-711 with the County. 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 among programs or co-mingled with or used in Contractor's
other activities which are not covered by this Contract.
7. Additional Terms and Conditions for Use of Federal Contract Funds. Funds received by
Contractor under this Contract may not be used for capital improvements; e.g. , purchase,
construction, or permanent improvements (other than minor remodeling) of any buildings or
other facilities.
Contractor hereby assures and certifies that it will:
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SERVICE PLAN
Number 24-301-26
a. Use the Federal Drug Free Schools and Communities Act (DFSC) funds to supplement
and increase the level of local funds that would, in the absence of such federal funds, be
made available for the programs and activities for which funds are provided, i.e. , DFSC funds
cannot be used to supplant local funds; and
b. Comply with the terms and conditions of the DFSC Act which specify that the funds
are subject to 34 CFR, Part: 74, 76, 77, 78, 79, 80, 98, 99,. and 3; and 45 CFR 75.561-
75.568; with specific attention to 34 CFR Part 80, Sections 80.20 (Accounting Records) , 80.22
(Allowable Cost Criteria) , 80.36 (Contract Provisions) , 80.42 (Retention and Access
Requirements for Records) , and 80.43 (Enforcement) .
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SPECIAL CONDITIONS
Number 24-301-26
1. 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 June 30, 1995, the term of this Contract shall be
automatically extended from June 30, 1995 through December 31, 1995. 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 six-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 six-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this
Contract, is increased by $39,361 (the six-month Payment Limit) and County's total payments
to Contractor for said six-month extension shall not exceed this six-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 Payment Provisions Paragraph 2. (Payment Amounts) , subparagraph
d. , subject to the six-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 shall be
prorated for the six-month period.
d. This six-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) .
2. 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.
Initials:
Contractor County Dept.
1
SPECIAL CONDITIONS
Number 24-301-26
3. Protection of Property and Equipment. 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.
4. 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.
5. 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) .
6. 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.
Initials:
Contractor County Dept.
2
Contra Cosh 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
Iaws 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.
1
Contra CostaCounty Standard Form 1/87
GENERAL CONDMONS
(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 Perforin. 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 sun:
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.
ep
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 Operating 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 or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as 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.
2
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.
3
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. NondiiscriminatoEy 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) certificates)
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(les) 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.
4
Contra Cosia•County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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.
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 r eccipt by the head of the County Department for which this Contract is made.
21. Primate 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 of 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. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
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