HomeMy WebLinkAboutMINUTES - 06131995 - 1.51 To: BOARD OF SUPERVISORS
Contra
FROM: SHERIFF-CORONER Costa
May 26, 1995 p' �r'� County
DATE: T'+c U��`
CONTRACT FOR FRIENDS OUTSIDE OF CONTRA COSTA FOR
SUBJECT: COUNSELING SERVICES FOR INMATES AND THEIR FAMILIES
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1 . RECOMMENDED ACTION
Approve and authorize the. Sheriff-Coroner, or designee, to
execute, on behalf of the COUNTY, a contract with Friends Out-
side of Contra Costa County in the amount of $139 , 738 . 00 for the
continued provision of support services to inmates in Contra
Costa County adult detention facilities for the period July 1,
1995 to June 30, 1996 .
II . FINANCIAL IMPACT
None. Total funding of this contract in the amount of
$139 , 738 . 00 is from the Inmate Welfare Fund.
III . . REASONS FOR RECOMMENDATION/BACKGROUND
The County has contracted with Friends Outside since early 1980
to provide counseling services at the County 'adult detention
facilities . This human service, we feel, is necessary and
augments the detention function for incarcerated persons .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREM:
ACTION OF BOARD ON ) J APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
CC: Friends Outside ATTESTED •Q 13 . I9�
County Auditor-Controller PHIL B CHELOR,CLERK OF THE BOARD OF
Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY ,DEPUTY
' ShbrTff-Coroner Rg,6 R., Warren E. Rupf
�� Ep SHERIFF-CORONER
Contra Costa County ,FF-CO� Gerald T.Mitosinka
Detention Division �¢: ' .;0� Assistant Sheriff
1000 Ward Street
Martinez,California 94553 , Rodger L.Davis
(510)646-4252
o . r �+ Assistant Sheriff
0 }
89 003Tk GO
To: George Roemer, Senior Deputy, Date: May 30, 1995
Law & Justice
From: Wm. D. Shinn, Captain Subject: Contract With Friends
Detention Division Commander Outside
By: W. A. Schmidt
Director, Support Services
Attached is a copy of the Board Order and contract documents with Friends
Outside to provide social services for the inmates at the county detention
facilities . Please place this contract on the next available Board agenda.
I have retained the original documents . Upon approval of the Board the
Sheriff, or his designee, will execute the contract .
cc Lt . L. Shores
Reed McDonald
Peter Christiansen
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UUN 01 x995
Letterhead Form R 1/93 SBH AN EQUAL OPPORTUNITY EMPLOYER
S.t..andar,d Form 1/87 STANDARD CONTRACT Number C-32042
(Purchase of Services) Fund/Org # 4979
Account
1., Contract Identification. Other #
Department: Sheriff's Dept.
Subject: Provision of Social Services at Contra Costa, County Adult Detention Facilities
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: Friends Outside
Capacity: California Non Profit Corporation Taxpayer IDS N/A
Address: 1127 Escobar Street
Martinez, Ca. 94553
3. Term. The effective date of this Contract is July 1, 1995 and it
terminates June 30, 1996 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 139,738.00
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:
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Penal Code 4025 (e) and Government Code section 26227
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR alul
<�
By By yt
Administrat' e Director Secretary/ reasurer, Board of Directors
(Designate official business capacity A.) (Designate official business capacity B.)
Note to Contractor: For corporations (profit or nonprofit) , the contract must be signed by
two 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 §1190.1 and Corporations
Code §313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form (Rev. 1/95)
APP RO VALS/ACKNOWLEDGMENT
Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By. &W(4V7-' 61e'"
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On �r� --, before
(insert name and jjitle of the officer , personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose
name(s) is/are subscribed to the within instrpment and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL
OFFICIAL NOTARY SEAL
SARA C.CALHOUN
n MaAA -� Notary Public.,—California
/l_, ��J ��` CONTRA COSTA COUNTY
My Comm.Expires SEP cu,18J5
' Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Cade§1189)
". Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number
1. Payment Amounts. Sub.iect to the Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only.]
[,�a. $ 11,644.83 monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
2. 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 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely
demand for payment as specified in Paragraph 2. (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.
4. Right to Withold. County has the right to withold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
S. Audit Exceptions. Contractor agrees to.accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials: 6)
CN4ractor ounty ept.
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable with respect to its perfor-
mance 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 per-
taining 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 addi-
tional records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents per-
taining 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 avail-
able 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 main-
tenance 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 §7550, Contractor shall
include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section listing the numbers and dollar
amounts of all contracts and subcontracts relating to the preparation of each such
document or written report. This section shall apply only if the payment limit under
this Contract exceeds $5,000.
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GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at
their sole discretion, upon thirty-day advance written notice thereof to the other,
and may be cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly
any of its obligations hereunder. In the event of such termination, the County may
proceed with the work in any reasonable manner it chooses . The cost to the County of
completing Contractor's performance shall be deducted from any sum due the Contractor
under this Contract, without prejudice to. the County's rights otherwise to recover
its damages .
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the
event that Federal, State, or other non-County funding for this Contract ceases, this
Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions
agreed upon by the parties. Except as expressly provided herein, no other
understanding, oral or otherwise, regarding the subject matter of this Contract shall
be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for 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 devel-
oped 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.
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GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted
in the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or
State regulations or laws touching upon the subject of this Contract be adopted or
revised during the term hereof, this Contract shall be deemed amended to assure
conformance with such Federal or State requirements .
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions , inspections or approvals, or statements by any officer, agent or employee
of the County ,indicating the Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts , shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions of this
Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors,
assigns and representatives of' Contractor. The Contractor shall not enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal
approval.
14. Independent Contractor Status. This Contract is by and between two
independent contractors and is not intended to and shall not be construed to create
the relationship between the parties of agent, servant, employee, partnership, joint
venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates,
agents, and employees, shall not make, participate in making, or in any way attempt
to use the position afforded them by this Contract to influence any governmental
decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates , agents and employees to comply with all applicable State or
Federal statutes or regulations respecting confidentiality, including but not limited
to, the identity of persons served under . this Contract , their records, or services
provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of
or relating to services provided under this Contract will be confidential, and will
not be open to examination for any purpose not directly connected with the
administration of such service.
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• GENERAL CONDITIONS «I
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents
and partners of the above provisions, and that any person knowingly and intentionally
„disclosing such information other than as authorized by law may be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this. Contract shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, or handicap, and
that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold
harmless the County and its officers and employees from any and all claims, costs and
liability for any damages , sickness, death, or injury to person(s) or property,
including without limitation all consequential damages., from any cause whatsoever
arising directly or indirectly from or connected with the operations or services of
the Contractor or its agents , servents, 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 polic=es meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liabi—
lity 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' ComDensation. 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(ies) or acquire either a new
insurance policy(ies) or amend the coverage afforded through an endorsement to the
policy at any time during the term of this Contract, then Contractor shall provide
(a) current certificates) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor . shall include a provision for thirty (30) days written notice to County
before cancellation or material change of the above specified coverage.
0
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bcaaaara rorm i/ui
GENERAL CONDITIONS
(Purchase of Services)
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is made. Notices to the Contractor shall be addressed to the Contractor's
address designated herein. The effective date of notice shall be the date of deposit
in the mails or of other delivery, except that the effective date of notice to the
County shall be the date of receipt by the head of the County Department for which
this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which
expressly supersede General Conditions, the Special Conditions (if any) and Service
Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new contract
following expiration or termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such
services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
not vest ownership of the land or improvements in the same person, or if this
Contract results in the placement of taxable improvements on tax exempt land (Revenue
& Taxation Code §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 §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—
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SERVICE PLAN
The Contractor shall provide social services for inmates at the
following adult detention facilities : Martinez Detention Facility
in Martinez, the West County Detention Facility in Richmond and
the Marsh Creek Detention Facility in Clayton. Such services
shall include, but not be limited to the following:
- Facilitate re-entry into family and community by assisting
inmates in maintaining communications with loved ones and in
maintaining family ties throughout incarceration.
- Provide human services within the detention setting.
- Assist inmates with problems on the outside while they are
incarcerated.
- Provide information and referral services to inmates and their
families.
- Assist inmates and family members in locating county services
as well as other local programs they are eligible for and/or
need.
- Provide food supplies and clothing, as well as emotional
support to inmates' families to help their well-being and lower
inmate anxieties about their families . '
—Recruit, train and coordinate volunteers for all three
detention facilities .
- Help inmates stay in touch with the community to which they
will be returning.
- Assist detention staff with professional volunteer services .
- Help the community be more aware of its own criminal justice
system.
- Provide services that help reduce inmate tension in the
detention facilities and thereby provide a safer environment
for inmates and staff .
The Contractors performance of services under this contract shall
be subject to the security needs and schedules of the detention
facilities .
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Every three months, commencing July 1, 1995, Contractor shall
submit to the Director of Inmate Services a written report on
Contractors provision of services under this contract.
Contractor shall also submit a written report each January,
covering the Contractors provision of services under this
contract for the past year. In addition, Contractor shall submit
additional written reports as requested by the Sheriff's
department.
Sheriff's Department Responsibility:
The Sheriff's Department, Inmate Welfare Fund will provide an
annual budget for the payment of services hereunder.
The Sheriff's Department will provide Office space and access to
office equipment.
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