HomeMy WebLinkAboutMINUTES - 09201978 - COB BOX 69 i
Our 75th Year of Innovative Foodservice
ManningsA Subsidiary of Service Systems Corporation and QDeI Monte Corporation Ross Stevens
Senior Vice President
May 23, 1983
Ms. Elizabeth A. Spooner
Acting Contracts and
Grants Administrator
Health Services Department
Management/Administration Division
Contra Costa County
651 Pine Street - 8th Floor
Martinez, California 94553
Dear Ms. Spooner:
REFERENCE: April 29, 1983, Letter Concerning
Contract Cancellation Agreement
426-021-6
We have reviewed your April 29 letter and the referenced
contract and realize that the contract is terminated
effective May 30, 1983, with appropriate written notice
of termination.
We are not prepared to sign the Mutual Consent Cancella-
tion which was attached to your April 29 letter and will
continue to serve the County through the termination date
of May 30, 1983.
Since ours,
oss D. Stev ns
ah
cc: Mr. Francis Kidd, Mannings, Inc.
Mr. Richard Mather, " if
Mr. Donald Guilliams, "
Executive Offices,650 California Street,San Francisco,California 94108(415)981-052.5
� .� Healthervices Department
= ' •
MANAGEMENT/ADMINISTRATION DIVISION
= CONTRACTS AND GRANTS UNIT
O: p:NIpNN ;T
P;-
`= b 6S1 Pine Street - 8th Floor
Martinez. California 94553
(415) 372-2936
sr"t C'IJIIN
April 29, 1983
Ross D. Stevens
Mannings, Inc.
650 California Street
San Francisco, CA 94108
Dear Mr. Stevens:
Contract Cancellation Agreement #26-021-6
Enclosed are two copies of the document identified above. The Medical Care
Division staff have requested cancellation of your contract and have informed
me that your company has agreed to a "mutual consent" cancellation effective
April 30, 1983.
Please sign both copies of the cancellation and return one signed copy to me for
County files. A self-addressed envelope has been included for your convenience.
In accordance with the April 26, 1983 order of the County Board of Supervisors,
this letter also constitutes 30-day advance written notice to you that Contract
#26-021-5 will be terminated by the County effective May 30, 1983 in the event
you fail to execute and return to the County the cancellation document.
Should you have any questions regarding the cancellation agreement or the notice
of termination, please call Bob Pierce at 372-4241 or me at 372-2923.
Sincerely,
Elizabeth A. Spooner
Acting Contracts and
Grants Administrator
EAS:DG:ta
Enclosures
cc: Marjorie Wolf
Bob Pierce
A-337 Contra Costa CouftY
CONTRACT CANCELLATION AGREEMENT
Number 26-021-6
1. Identification of Contract to be Cancelled.
Number': 26-021-5
Department: Health Services (Medical Care Division)
Subject: Food service consultation and assistance at County Hospital
Effective Date of Contract to be Cancelled: August 1, 1982
Original Term: August 1, 1982 through July 31, 1985
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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: Mannings, Inc.
Capacity: California corporation (private for profit)
Address: 650 California Street, San Francisco, California 94108
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3. Mutual Consent Cancellation. Pursuant to General Conditions Paragraph 5.
(Termination) of the contract identified above, County and Contractor hereby agree to
cancel (i.e., terminate) said Contract immediately by mutual consent, effective on the
close of the workday on Saturday, April 30, 1983.
4. Signatures., These signatures attest the parties' agreement hereto:
COUNTY DE;0�
0 A CONTRACTOR
BY `t By v
Designee, Board of Supervisors
Designate official capacity)
Attest: J. ' Olsson, County Clerk
/ State of California )
BY ! ��'(l�l: C e l�f�� ) s s.
Deputy County of Contra Costa )
Recommended by Department ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor,
known to me in those individual and
By I�i business capacities, personally appeared
Designee before me today and acknowledged that
he/they signed it and that the corporation
or partnership named above executed this
Form Approved: instrument pursuant to its bylaws or a
resolution of its board of directors.
✓ Notary Public Deputy County Clerk
Approved: County Administrator
Dated:
By
Designee
i •
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 26 , 2983 , by the following vote:
AYES: Supervisors Powers , Fanden , McPeak, Torlakson, Schroder . .
NOES: None.
ABSENT: None .
ABSTAIN: None.
SUBJECT: Approval of Contract Cancellation Agreement 026-021-6
The Board on June 22, 1982, having approved Contract #26-021-5
with Mannings, Inc. for food service consultation and assistance at County
Hospital, and
The Board having approved a contract with Food Dimensions, Inc.
effective May 1, 1983 for food management and consultation services; and
The Board having considered the recommendations of the Director,
Health Services Department, regarding cancellation of Contract #26-021-5
effective April 30, 1983, IT IS BY THE BOARD ORDERED that said contract
cancellation agreement is hereby APPROVED and the Chairman is AUTHORIZED
to execute the cancellation as follows:
Number: 26-021-6
Department: Health Services - Medical Care Division
Contractor: Mannings, Inc.
Contract to be Cancelled: 26-021-5
Original Term: August 1, 1982 through July 31, 1985
Effective Date of. Cancellati.on: April 30, 1983
Service: Food service consultation and assistance at
County Hospital
The Board further AUTHORIZES the Health Services Contracts and
Grants Administrator to submit to contractor a thirty-day written notice of
termination in accordance with Contract General Conditions Paragraph 5
(Termination) in order to protect the County should Mannings, Inc. fail to
execute and return Contract Cancellation Agreement 1126-021-6.
1
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I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superriso on the date shown.
ATTESTED: 5(F3
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
By . Deputy
Orig. Dept.: "ealth Services/CGU
CC: County Administrator
Auditor=
Controller
Contractor
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on
April 26 , 2983 by the following vote:
,
AYES: Supervisors Powers , Fanden , McPeak, Torlakson, Schroder .
NOES: None .
ABSENT: None.
ABSTAIN: None.
SUBJECT: Approval of Contract Cancellation Agreement 1626-021-6
The Board on June 22, 1982, having approved Contract 1626-021-5
with Mannings, Inc. for food service consultation and assistance at County
Hospital, and
The Board having approved a contract with Food Dimensions, Inc.
effective May 1, 1983 for food management and consultation services; and
The Board having considered the recommendations of the Director,
Health Services Department, regarding cancellation of Contract 1626-021-5
effective April 30, 1983, IT IS BY THE BOARD ORDERED that said contract
cancellation agreement isherebyAPPROVED and the Chairman is AUTHORIZED
to execute the cancellation as follows:
Number: 26-021-6
Department: Health Services - Medical Care Division
Contractor: Mannings, Inc.
Contract to be Cancelled: 26-021-5
Original Term: August 1, 1982 through July 31, 1985
Effective Date of Cancellation: April 30, 1983
Service: Food service consultation and assistance at
County Hospital
The Board further AUTHORIZES the Health Services Contracts and
Grants Administrator to submit to contractor a thirty-day written notice of
termination in accordance with Contract General Conditions Paragraph 5
(Termination) in order to protect the County should Mannings, Inc. fail to
execute and return Contract Cancellation Agreement #26-021-6.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervise on the date shown.
ATTESTED: �2 f f 3
J.R. OLSSON, COUNTY CLERK
and en officio Clerk of the Board
By , Deputy
Orig. Dept.: Health Services/CGU
CO: CountyAdministrator
Auditor-Controller
Contractor
I
DG:ta
CONTRACT CANCELLATION AGREEMENT
Number 26-021-6
1. Identification of Contract to be Cancelled.
Number: 26-021-5
Department: Health Services (Medical Care Division)
Subject: Food service consultation and assistance at County Hospital
Effective Date of Contract to be Cancelled: August 1, 1982
Original Term: August 1, 1982 through July 31, 1985
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: Mannings, Inc.
Capacity: California corporation (private for profit)
Address: 650 California Street, San Francisco, California 94108
3. Mutual Consent Cancellation. Pursuant to General Conditions Paragraph 5.
(Termination) of! the contract identified above, County and Contractor hereby agree to,
cancel (i.e., terminate) said Contract immediately by mutual consent, effective on the
close of the workday on Saturday, April 30, 1983.
4. Signatures. These signatures attest the parties' agreement hereto:
COUNTY ;OFC S /, ZFTNIIA CONTRACTOR
By By
Designee, Board of Supervisor
(Designate official capacity)
Attest J. R. Ola
County Clerk
State of CaliforniaBY �� _ ) as.
Deputy County of Contra Costa }
i
Recommended by Department ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor,
known to me in those individual and
By business capacities, personally appeared
Designee before me today and acknowledged that
he/they signed it and that the corporation
or partnership named above executed this
Form Approved: I instrument pursuant to its bylaws or a
resolution of its board of directors.
By
tl Notary Public Deputy County Clerk
i
Approved: County Administrator
Dated:
By
Designee
a
=� CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
i
To: M. G. Wingett, County Administrator Date: April 19, 1983
Attention: C. L. Van Marter
• From: Arnold S. Leff, M.D., Director Subject: CONTRACT CANCELLATION AGREEMENT
By: Elizabeth A. Spooner, Acting
Contracts and.Grants Administrator
Attached for presentation to the Board of Supervisors is the following
Contract Cancellation Agreement for the Department's Medical Care Division:
Number: 26-021-6
Department: Health Services (Medical Care Division)
Contractor: MANNINGS, INC:
Contract To Be Cancelled: 1126-021-5
Original Term: August 1, 1982 through July 31, 1985
Payment Limit: $35,040
Service: Food service consultation and assistance at County Hospital
The Board is expected to approve a contract with Food Dimensions, Inc. for food
services at County Hospital effective May 1, 1983. It is, therefore, necessary to
cancel the contract with Mannings, Inc. effective April 30, 1983.
This contract cancellation agreement has been approved by the Department's
Contracts and Grants Administrator in accordance with the guidelines approved
by the Board 's Order of December 1, 1981 (Guidelines for contract preparation
and processing, Health Services Department) .
To expedite cancellation by April 30, 1983, it is recommendedothat this
cancellation agreement be approved and submitted to the Board at their next
meeting on Tuesday, April 26, 1983.
DG:taREC 71983
VEU.)
,
Attachments '
AP
R OARD OF PQRVI90MC
I�
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 22 , 1982 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak.
NOES:
ABSENT:
ABSTAIN:
SUBJECT: Approval of Contract #26-021-5 with Mannings, Inc.
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval of Contract #26-021-5 with Mannings, Inc.
for food service consultation and assistance at County Hospital, ,IT IS BY THE
BOARD ORDERED that said contract is hereby APPROVED and the Chair is AUTHORIZED to
execute the contract as follows:
Number: 26-021-5
Contractor: Mannings, Inc.
Term: August 1, 1982 through July 31, 1985
Payment Limit: $35,040
/Aerebycertify that thisls a true and correateMal
an action taken and entered,on the minutes of the
Board of Supervisors on the date shown.
ATTESTED:
JUN 2 21982
J.R. OLSS st,, COUNTY CLERK
and ex officio Clerk of the Board
1
.Deputy
C, Matthews
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Orig. Dept.: .Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
EJM:ta li
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/Contra Costa County Standard Form 1, 3�-
• STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number-2s; 'A
Department : Health Services (Medical Care Division) v T"TaT5
Subject : Food service consultation and assistance at County Hospital
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 : MANNINGS, INC.
Capacity : California corporation (private for profit)
Address : 650 California Street, San Francisco, California 94108
3 . Term. The effective date of this Contract is August 1, 1982 and it
terminates July 31, 1985 unless sooner terminated as provided herein.
4 . Payment Limit. County' s total payments to Contractor under this Contract
shall not exceed $ 35,040
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 incorpo-
rated 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: Not Applicable
9 . Legal Authority. This Contract is entered into under and subject to the
following legal authorities: California Government Code Section 31000.
10. Signatures. These signatures attest "TRA
ies ' agree ent hereto :
COUNTY OF CONTRA COSCTA�,,� CALIFORNIA CO i
By J( � trv,t i/c� B
``D6signee, Board of Supervisors
(D&rgnate officidl capac ty)
Attest : J.R. Olsson, County Clerk
State of California )
By (? �p a_&J,(i/.l- ' ) s s .
Deputy County of )
Recommended by Department ACKNOWLEDGEMENT (CC 1190. 1)
..y*� \ �gr`H.Cn� The person signing above for Contractor,
B / known to me in those individual and
esignee business capacities, personally appeared
before me today and acknowledge that he/
Form Appro ed: theysigned it and that the corporation
executed this instrument pursuant to its
By � � bylaws or a resolution of its board of
directors.
/ a
Noublic/Deputy ounty lerk
OFFICIAL SEAL /
AWITRA GHOLM Dated:
(6-5-80) • NOTARY PUBLIC-CALIFORNIA
City and County of SAN FRANCISCO
My Commission Expires April 19,J985
'/Contra Costa County •Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts) 26 - 02
Number
1 - 5
1. Payment Amounts . Subject to the Payment Limit of this Contract
and subject to the following Payment Provisions, County will pay Contractor
the following fee :
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined -in the Service Plan, or
[ ] c . $ , after completion of all obligations and
conditions herein and as full compensation for all services,
work, and expenses provided or incurred by Contractor hereunder .
[X] d. (i) $ 900 monthly, for the period 8/1/82 through 7/31/83; and
(ii) $ 970 monthly, for the period 8/1/83 through 7/31/84; and
(iii) $1,050 monthly, for the period 8/1/84 through 7/31/85.
2. Payment Demands . Contractor shall submit written demands. Said
demands shall be made on County Demand Form D15 and in the manner and form
prescribed by County. Contractor shall submit said demands for payment
for services rendered no later than 90 days from the end of the month in
which said services are 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 . 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 anylinspection, review or audit of its program, work or
records, or (c) Contractor has failed to sufficiently itemize or document
its demand (s) for payment.
4 . Audit ExcIptions . 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
liability , 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 =
Contr for "County Dept .
(6-4-80)
SERVICE PLAN C
Number 2 Fi — `y(� 2 1 � J
During the term of this Contract, and as requested by the Director, Health Services
Department, or big designee (Hospital Food Services Manager), Contractor shall ,provide
certain consultation services and assistance for County's food service at Contra Costa
County Hospital in Martinez, California, as follows:
1. Recipe Services. Contractor shall provide standardized formulas (recipies)
for the preparation of food including at least 1,200 formulas for eight modified
diet programs and one general diet program. Modified diet formulas shall -be formu-
lated to meet special nutritional needs of certain hospital patients as prescribed
by County. A general diet program shall be formulated to fit the nutritional needs
of a hospital patient without special dietary problems. These formulas shall be
formulated for quantity preparation with a breakdown on formula amounts to provide
varying numbers of food portions. The formulas shall be tested and revised periodi-
cally by Contractor to insure quality, consistency, and the use of up-to-date food
products and preparation techniques .
2. Patient Menu Planning Services. Contractor shall provide patient menus
which shall be planned by a professional registered dietician employed by Contractor
and which shall exceed all minimum daily nutritional requirements established by the
National Research Council of the National Academy of Sciences. A general diet menu
shall include the following items:
Breakfast: Choice of juice or fruits
Choice of hot or cold cereal
Choice of the following:
French toast or hotcakes
Eggs
Sweet roll, special toast, and similar items
Beverage
Lunch: Choice of soup, juices, or green salad
Choice of hot entrees and cold sandwich or salad plate
Vegetable
Choice of desserts
Muffin or bread and butter
Beverage
Dinner: Choice of soup or juices
Salad
Choice of entrees
Potato or starch
Vegetable
Choice of desserts
Roll or bread and butter
Beverage
The menus for modified diets shall follow the general diet program closely with as
many choices as can be offered within the limitation of a particular modification.
A two-week cycle of menus shall be planned and rewritten every six months in order
to provide a variety of foods and allow for the use of seasonal foods.
3. Purchase of Food Items. Contractor shall obtain and make frozen prepared
foods and other convenience food items available for purchase by County from a
central warehouse, and Contractor shall deliver to County Hospital such food items
which are purchased by County. The foods available for purchase shall be of uniform
quality and quantity and keyed to the Contractor-prepared food formulas and patient
menus specified in Paragraphs 1 and 2 above.
4. Purchase of Non-Food Items. Contractor shall obtain, arrange, or otherwise
make available for purchase by County from other businesses, or from Contractor's
subsidiaries, supplies, equipment, and other non-food items which are generally
needed for food preparation and service including:
a. Ware washing and sanitation compounds,
b. Food preparation and service,equipment, and
c. Dishes,, glassware, and silverware.
Initials:
_1_ C tractor County Dept.
D
SERVICE PLAN C
Number 26 = 021 - 5
5 . Quantity Purchase Pricing. Contractor shall sell, or arrange to be sold,
all items which are available for purchase by County hereunder at broker's ,level
at a cost-plus basis to County so that County will be advantaged by Contractor's
quantity buying power.
6. Food Service Manual(s) . Contractor shall provide, maintain, and periodi-
cally update a comprehensive manual or series of manuals regarding diets, procedures,
operations, sanitation, and training for food service in a hospital setting for use
by County.
7 . Staff Training. Contractor shall orient appropriate County food service
staff to the training materials available from Contractor and shall allow County
to use such materials to train staff in all aspects of food service and management.
8. Consultation Services. At least six times per year, Contractor shall provide
consultation services to County staff on an informal basis by telephone and on a formal
basis by prearrangement for specific projects or proposals to include services from
specialists in overall supervision, dietetics, food production, facilities design,
budget analysis, accounting and statistics related to County's food service at
Contra Costa County Hospital.
9. Confidentiality of Records. The Health Services Department agrees that
Mannings has ,developed, documented, and inserted into a manual its processes, systems,
procedures, recipes, and related items of a proprietary nature. The Health Services
Department agrees that it will not copy, divulge, or otherwise utilize any information
except in accordance with this Contract. Upon termination of this Contract for any,
cause, Mannings shall have the right to remove from the premises all such proprietary
items, including but not limited to, manuals, procedures, and recipes.
Initials:
tractor County Dept.
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SPECIAL CONDITIONS
Number 2, (; - 021 - 5
1 . Paragraph 23 (Possessory Interest) of the General Conditions shall not impose
any contractual obligation upon Contractor, but Contractor waives any and all of its
rights under California Revenue and Taxation Code Section 107.6.
2 . Reporting Requirements. Pursuant to Government Code §7550, Contractor shall
include in all documents or written reports conpleted 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.
3. 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 sub-
contract 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 sub-
contract, the subcontractor shall make available, 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 hereunder.
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, suc-
cessors, assigns and representatives of Contractor.
Initials:
ntractor County Dept.
Contra Costa County • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply
with all Federal, State and local laws and regulations applicable with
respect to its performance under this Contract, including but not limited
to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment.
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.
4. Retention of Records. 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 available to authorized
representatives of the County, the State of California, and the United
States Government.
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 reason-
able 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 con-
ditions agreed upon by the parties. Except as expressly provided herein,
no other understandings, 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 speci-
fications of operating procedures and budgets required by this Contract,
including but not limited to, monitoring, 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 suchland shall not be amendments to this Contract except to
the extent that they further detail or clarify that which is already re-
quired 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.
(A-4616 RSV 6/80) -1-
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Contra Costa County 0 • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
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 con-
cerning 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 .
10. Choice of Law and 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. Should Federal or
State regulations touching upon the subject of this Contract be adopted or
revised during the term hereof , this Contract shall be 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 there-
for, 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, suc-
cessors, 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 Lecome 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 con-
strued to create the relationship of agent, servant, employee, partnership ,
joint venture or association.
(A-4616 REV 6/8U) -2-
Ij
Contra Costa County • i Standard Form
GENERAL CONDITIONS -
(Purchase of Services)
15 . Conflicts of Interest. Contractor. promises and attests that the
Contractor and any members of its governing body shall avoid any actual or
potential conflicts of interest. If Contractor is a corporation, Contractor
agrees to furnish to the County upon demand a valid copy of its most recently
adopted bylaws and also a complete and accurate list of its governing body
(Board of Directors or Trustees) and to timely update said bylaws or the list
of its governing body as changes in such governance occur .
16 . Confidentiality. Contractor agrees to comply and to require its
employees, agents and partners 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 provid-ed under this Contract will
be confidential , and will not be open to examination for any purpose not
directly connected with th-e administration of such service .
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, save harmless and
indemnify the County and its- officers, agents and employees from all lia-
bilities and claims for damages for deat-h, sickness or injury to persons or
property, including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder, resulting from -the conduct, negligent or
otherwise, of the Contractor , its agents or employees.
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 Special Conditions :
a. Liability Insurance. The Contractor -shall provide compre-
hensive liability insurance, including coverage for owned and non-owned
automobiles , with a minimum combined single limit coverage of $500, 000
for all damges, 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 named insureds as to all ser-
vices performed by Contractor under this agreement.,
.
b. Workers ' Compensation. The Contractor shall provide workers'
compensation insurance coverage for its employees.
(A-4616 REV 6/80) -3-
_ _ 1
Contra Costa County Standard Form ~
GENERAL CONDITIONS
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate (s) of insurance evidencing liability and workers '
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ies)
or acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
d. Additional Insurance Provisions. The insurance policies pro-
vided 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. 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.
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 to the Contractor shall be the date of deposit in the mails
or of other delivery. 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 con-
tract 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 improve-
ments , 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 improve-
ments 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.
(A-4616 REV 6/80) -4-
CONTRA COSTA COUNY
HEALTH SERVICES DEPARTME ECEIVED
JUN 18 1982
J. R. OtSSON
CLERK BOARD OF SUPERVISORS
COSTA CO.
B . JRM
. .......De
To: M. G. Wingett, County Administrator Date: JUN 1 5
Attention: C. L. Van Marter
From: Subject:
Arnold S. Leff, M.D., DirectCONTRACT X126-021-5
By: Eugene- J. Morel
Contracts & Gr s Admin trator
Attached for presenta o to the Board of Supervisors is the following
contract for the D ar ent's Medical Care Division:
Number: 26-021-5
Contractor: Mannings, Inc.
Term: August 1, 1982 through July 31, 1985
Payment Limit: $35,040 ($10,800 during the first year, $11,640 during
the second, and $12,600 during the third.)
Funding: County
Service: Food service consultation and assistance at County Hospital.
This contract continues a service which Contractor has been providing, without
interruption, since August 1, 1976 . The contract has been signed by the
contractor, and it has been approved by the Department's Contracts and Grants
Administrator in accordance with the guidelines approved by the Board's Order
of December 1, 1981 (Guidelines for contract preparation and processing, Health
Services Department) .
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, JUN 2 2 1982
EJM:ta
Attachments
cc: Clerk of Ithe Board
Pat Taff I
Mike Fernandez RECEIVED
Eva Thomas
1
UN,,V 1982
J.R. OLSS N
C 'K BOARD OF S CRVISORS
T
Deputy
A-41 3/81
I
I
I
In the Board of Supervisors
of
Contra Costa County, State of California
May 13 ' 19 80
In the Matter of
Contract 426-021-4 with Manning's, Inc.
to provide food consultation service
for County Hospital
The Board having considered the recommendation of the Director,
Health Services Department, regarding approval of Contract 4126-021-4 with
Manning's, Inc. to provide food consultation service for County Hospital,
and regarding the need for the Board to ratify the actions of County
employees who gave purported authorization to said contractor prior to
August 1979 to continue providing services and incurring contract costs,
effective August 1, 1979, IT IS BY THE BOARD ORDERED that:
1. Said actions of M. S. P. Fernandez (Administrator, Management
and Administration Division, Health Services Department) in authorizing
Manning's, Inc. to provide services and incur contract costs, effective
August 1, 1979, are hereby RATIFIED, and
2. The Board Chairwoman is AUTHORIZED to execute the contract,
as follows:
Number: 26-021-4
Contractor: Mannings, Inc.
Term: August 1, 1979 through July 31, 1982
Payment Limit: $30,300
PASSED BY THE BOARD on May 13, 1980.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Health Services Dept. Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed this 13th day of May 1980
Auditor-Controller
Contractor
J. R. OLSSON, Clerk
By Deputy Clerk
R. Fluhrer
SR:dg
\` H-24 3/79 15M
l !F
Contra Costa County • Standard Form
STANDARD CONTRACT
(Purchase of Services) i A
1. Contract Identification. Number `A p - 0 2 1
Department: Health Services (Management and Administration Division)
Subject: Food service consultation and assistance at County Hospital
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: MANNING'S, INC.
Capacity: California corporation (private-for-profit)
Address: 650 California Street, San Francisco, California 94108
3. Term. The effective date of this Contract is August 1, 1979 and it
terminates July 31, 1982 unless sooner terminated as provided herein.
4. Payment Limit. County' s total payments to Contractor under this Contract shall
not exceed $ 30,300 ,
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: Not Applicable
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 31000.
10. Signatures. These signatures attest the pa tes' ag ement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA N CT
A.
By- B
Designee, oard Supervisors
ylo__F_ PRtsIj-)rA,T
(Designate official capacity in organi-
Attest: J. R. Olsson, County Clerk zation and affix corporation seal or
attach resolution of governing board)
By ' State of California )
Deputy County of Contra Costa ) Ss.
ACKNOWLEDGEMENT (CC 1190. 1)
Recommended by Department The person signing above for Contractor,
known to me in those individual and
business capacities, personally appeared
before me today and acknowledged that
V11Designee he/they signed it and that the corporation
or partnership named above executed this
On instrument pursuant to its bylaws or a
FormnApproved: County Counsel resolution of its board of directors.
(� Dated: PEL� L Zg, 1980
Deputn
Notary Public/Deputy r.... ty r,, _,_
(A-4617 REV 9/78) OFFICIAL SEAL
• .�Uifq,4 ANITA L WHITE
NOTARY PUBLIC - CALIFORNIA
SAN FRANCISCO COUNTY
�' My comm. expires MAR 19, 1994
Contra Costa County Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts) /�
Number & 6 r 0 2 1 - 4-
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following fee:
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions
herein and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder.
[X] d. (1) $ 750 monthly, for the period from 8/1/79 through 1/31/80, and
(2) $ 800 monthly, for the period from 2/1/80 through 7/31/80, and
(3) $ 850 monthly, for the period from 8/1/80 through 7/31/81, and
(4) $ 900 monthly, for the period from 8/1/81 through 7/31/82.
2. Payment Demands. Contractor shall submit written demands monthly or as
specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1.
(Payment Amounts) above. 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 for services rendered no later than 90 days from the end of the month
in which said services are 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. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. 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 liability, if any, to the State and/or Federal government
resulting from any audit exceptions, to the extent such are ttributable to the
Contractor's failure to perform properly any of its obligat'o s under this Contract.
1
Initials:
Contractor County Dept.
(A-4619 REV 6/76)
SERVICE PLAN
Number 2 6 m l/ 2 1 - 4
During the term of this Contract, Contractor shall provide certain consultation
services and assistance for County's food service at Contra Costa County Hospital
in Martinez, California, as follows:
1. Recipe Services. Contractor shall provide standardized formulas (recipies)
for the preparation of food including at least 1,200 formulas for eight modified
diet programs and one general diet program. Modified diet formulas shall be formu-
lated to meet special nutritional needs of certain hospital patients as prescribed
by County. A general diet program shall be formulated to fit the nutritional needs
of a hospital patient without special dietary problems. These formulas shall be
formulated for quantity preparation with a breakdown on formula amounts to provide
varying numbers of food portions. The formulas shall be tested and revised periodi-
cally by Contractor to insure quality, consistency, and the use of up-to-date food
products and preparation techniques.
2. Patient Menu Planning Services. Contractor shall provide patient menus
which shall be planned by a professional registered dietician employed by Contractor
and which shall exceed all minimum daily nutritional requirements established by the
National Research Council of the National Academy of Sciences. A general diet menu
shall include the following items:
Breakfast: Choice of juice or fruits
Choice of hot or cold cereal
Choice of the following:
French toast or hotcakes
Eggs
Sweet roll, special toast, etc.
Beverage
Lunch: Choice of soup, juices, or green salad
Choice of hot entrees and cold sandwich or salad plate
Vegetable
Choice of desserts
Muffin or bread and butter
Beverage
Dinner: Choice of soup or juices
Salad
Choice of entrees
Potato or starch
Vegetable
Choice of desserts
Roll or bread and butter
Beverage
The menus for modified diets shall follow the general diet program closely with as
many choices as can be offered within the limitation of a particular modification.
A two-week cycle of menus shall be planned and rewritten every 6 months in order
to provide a variety of foods and allow for the use of seasonal foods.
3. Purchase of Food Items. Contractor shall obtain and make frozen prepared
foods and other convenience food items available for purchase by County from a
central warehouse, and Contractor shall deliver to County Hospital such food items
which are pruchased by County. The foods available for purchase shall be of uniform
quality and quantity and keyed to the Contractor-prepared food formulas and patient
menus specified in Paragraphs 1 and 2 above.
4. Purchase of Non-Food Items. Contractor shall obtain, arrange, or otherwise
make available for purchase by County from other businesses, or from Contractor's
subsidiaries, supplies, equipment, and other non-food items which are generally
needed for food preparation and service including:
a. Ware washing and sanitation compounds,
b. Food preparation and service equipment, and
c. Dishes, glassware, and silverware.
Initials:
4Contrac County Dept.
-1-
1
SERVICE PLAN
Number 2 6—&2 1 ,, d
5. Quantity Purchase Pricing. Contractor shall sell, or arrange to be sold,
all items which are available for purchase by County hereunder at broker's level
at a cost-plus basis to County so that County will be advantaged by Contractor's
quantity buying power.
6. Food Service Manual(s). Contractor shall provide, maintain, and periodi-
cally update a comprehensive manual or series of manuals regarding diets, procedures,
operations, sanitation, and training for food service in a hospital setting for use
by County.
7. Staff Training. Contractor shall orient appropriate County food service
staff to the training materials available from Contractor and shall allow County
to use such materials to train staff in all aspects of food service and management.
8. Consultation Services. At least six (6) times per year, Contractor shall
provide consultation services to County staff on an informal basis by telephone and
on a formal basis by prearrangement for specific projects or proposals to include
services from specialists in overall supervision, dietetics, food production,
facilities design, budget analysis, accounting and statistics related to County's
food service at Contra Costa County Hospital.
9. Confidentiality of Records. The Health Services Department agrees that
Mannings has developed, documented, and inserted into a manual its processes, systems,
procedures, recipes, and related items of a proprietary nature. The Health Services
Department agrees that it will not copy, divulge, or otherwise utilize any information
except in accordance with this Contract. Upon termination of this Contract for any
cause, Mannings shall have the right to remove from the premises all such proprietary
items, including but not limited to, manuals, procedures, and recipes.
SPECIAL CONDITIONS
Paragraph 23 (Possessory Interest) of the General Conditions shall not impose any
contractual obligation upon Contractor, but Contractor waives any and all of its
rights under California Revenue and Taxation Code Sectio 107.6.
Initials:
Contractor Coudfy Dept.
I
-2-
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
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.
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.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be 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 therequirements 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 hereof.
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
of agent, servant, employee, partnership, joint venture or association.
15. Conflicts ' of Interest. Contractor promises and attests that the Contractor
and any members of, its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete and
accurate list of its governing body (Board of Directors or Trustees) and to timely
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its 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. '
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 sIuch 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 Contracts shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, and that none
shall be used, in whole or in part, for religious -worship -or instruction.
(A-4616 REV 3/79) -2-
xr�
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with,Law. Contractor shall be subject to and comply with all ,Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
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 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.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
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, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
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 sluOph5.
ontractor under this
Contract.
fly
C. Cessation of Funding., Notwithstanding Paragr . 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 understandings,
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, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered 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.
(A-4616 REV 3/79) -1-
Confra Costa County • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
18, Indemnification. The Contractor shall defend, save harmless and indemnify the
County and its officers, agents and employees from all liabilities and claims for damages
for death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent .or otherwise, of the Contractor, its agents or employees.
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 a policy or policies
of comprehensive liability insurance, including coverage for owned and non-owned auto-
mobiles, naming the County and its officers and employees as additional insureds, with
a minimum combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person and damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor' s insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability and workers' compensation insurance.
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, c/o Contracts & Grants Unit, 651 Pine Street, Martinez, California
94553. 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.
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 4107) , 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 4107.6, and waives all rights to further
notice or to damages under that or any comparable statute.
(A-4616 REV 3/.79) -3-
CONTRA4OSTA COUNTY HEALTH SERVICES
To: M. G. Wingett, County Administrator Date: May 6, 1980
Attention: C. L. Van Marter
From: Arnold S. Leff, M.D., Director Subject: HOSPITAL FOOD SERVICE CONSULTATION
CONTRACT RENEWAL—MANNINGS, INC.
Attached for presentation to the Board of Supervisors is the following contract
for the Department's Management and Administration Divi -7-1
EIV E D
Number: 26-021-4 j�,
Contractor: Manning's, Inc. fj' 'j f 3iJ8,3
Term: August 1, 1979 through July 31, 1982
J. R LS
RS
Payment Limit: $30,300
CLE 60 F PER .ISC
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Funding: County/Medical Services Enterprise Fund
Subject: Food consultation service for County Hospital, including recipe
services, menu planning, bulk food procurement, and staff training.
Mannings, Inc. has provided food consultation service for the County Hospital
for several years. Mannings, Inc. is a specialist in the field of bulk food
service and provides a comprehensive, efficient service to the Health Services
Department at low cost.
The attached contract term is for three years commencing August 1, 1979 and
terminating July 31, 1982. The payment amounts due under the contract are $750
monthly from August 1, 1979 through January, 31, 1980 (same rate as previous year),
$800 monthly from February 1, 1980 through July 31, 1980, with subsequent monthly
rate increases of $50 on August 1, 1980 and August 1, 1981, representing a series
of rate increases ranging from 6.67 to 5.97 over the three-year period. Such a
long-term contract is recommended to cut down on administrative costs and is justi-
fied by the moderate rate increases. Should annual funding for the contract not
continue the full three years, the contract can be terminated on 30 days notice.
The retoactivity of this contract is explained by the attached 12/14/79 memo.
Prior to August 1979, Mr. M. S. P. Fernandez, upon the direction of the acting
Health Services Administrative Officer, authorized the contractor to continue
providing the needed services based on an oral agreement made with the contractor.
Consequently, I recommend that these employee actions be ratified by the Board
of Supervisors.
The contract has been approved as to form by the County Counsel's Office and
has been executed by the Contractor. I, therefore, recommend that this contract
be approved and submitted to the Board at their next meeting on May 13, 1980.
SK:dg cc: M. S. P. Fernandez Pat Taff
Attachments Eva Thomas Becky Fluhrer �
A-50 1%eo lOM
CONTRA OSTA COUNTY MEDICAAERVICES
To: M.G. Wingett' Date: December 14, 1979
County Administrator
Arnold S. Leff, M.D.
From: Health Service d n s x for Subject: RETROACTIVITY MEMO FOR MANNING'S
By: Charles A Jr. FOOD SERVICE CONTRACT #26-021-4
Acting lth Services
Administrative Officer
The purpose of this memorandum is to request retroactive approval concerning
Manning's Food Service contract #26-021-4. The following information provides
a background creating the necessity for this request.
1. Mannings Incorporated negotiated a fee increase for their services from
$9,000 to '$10,800 for fiscal year 1978-79. In view of Proposition 13, this
negotiated increase was withdrawn by Mannings with an oral stipulation for
an annual renewal.
The unforeseen delay came about from an oversight by the Food Service Manager
and Health Services Administrator to process renewal of the contract. In
following past practice, the vendor, Mannings Incorporated, and/or contracts .
administration normally provided courtesy notification to Food Services when-
ever the contract was due to expire and required renewal. None was re
ceived on this contract.
2. Inasmuch as', the service had been provided through this date and since it is
a very necessary service, we are requesting approval of this contract retro-
active to August 1, 1979 through February 1, 1980 at the rate of $750 per
month for a total of $4,500 for this period. We concur with the requested
increase on,payment of $800 per month through August 1, 1980, amounting to'
$4,800. We.further agree to .the stipulated increase at $850 per month for
a total of $10,200 from August 1, 1980 through August 1, 1981; and $900 per
month ($10;800) from- August. l, 1981 through August 1, 1982: The total
amount for this contract is $30,300 for a period of three (3) years.
3_. The oral stipulation mentioned in paragraph 1 above was mistakenly assumed
by Mannings as license to continue the contract without requirement of another
resolution approved by the Board of Supervisors. This became more apparent
When the Regional Vice President for Mannings was apprised of the need for
a new contract.-
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4. Mr. M.S.P. Fernandez, Health'Services Administrator, under the Acting Health
Services Administrative Officer, had apparent authority to negotiate this .
contract. Food Service department comes under the administrative responsi-
bility of Mr. Fernandez.
Future processing for approval of this contract will be monitored very closely
to preclude repetition of this untimely delay.
ASL:CAC:MSPF:es
A-50 11.'12 10M
cc: Eva Thomas ��,$ob Nash Bob Proctor A__ ��
In the Board of Supervisors
of
Contra Costa County, State of California
October 10 19 78
i1 —
In the Matter of
Approval of Food Consultation
Contract for County Medical Services
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IT IS IBY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute
Contract 426-021,3 with Mannings, Inc. for Food Consultation Service for County
Hospital at a coast of $9,000 during the period August 1, 1978 to July 31, 1979.
PASSEDI BY THE BOARD on October 10 , 1978 .
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I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human Resources Agency Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed thislOth day of October 19 78
County Auditor-Controller
County Medical Services
J. R. OLSSON, Clerk
By . �. . Deputy Clerk
Karin King
I LH:jm
H-24 4/77 15m
C;civ' a,. Costa .County Standard Form
STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number 26 - 021 - 3
Department: Medical Services
Subject: Food consultation services for County Hospital
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: MANNINGS, INCORPORATED
Capacity: Corporation
Address: 901 Battery Street, San Francisco, California 94111
3. Term. The effective date of this Contract is August 1, 1978 and it
terminates July 31, 1979 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 9,000
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: Not Applicable
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government .Code Section 31000-
10. Signatures. signatures attest the parties' agreement hereto:
COUNTY OF C OSTA CALIFORNIA CONTRAC OR
By ,/ R. I. Schroder r
l� BY
Chairman, Board 61f Supervisors ,
( s gnate official capacity in business
Attest: J. R. Olsson, County Clerk and affix corporation seal)
State of California )
ss.
By , County o SA4) RAn1CJS'Lo )
Karin King Deputy
ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor
Recommended by Department known to me in those individual and
. business capacities, personally appeared
before me today and acknowledged that he/
By X� P t4ey signed it and that the corporation
Designee or,partnership named above executed the
within instrument pursuant to its bylaws
or a resolution of its board of directors.
Form Approved: County Counsel
Dated: 2.0 /q'78
FORM APPROVVD'\
By HRA Cnntrarts Arlmi:tistratar i
Deputy
Ir
BYDesignee Aunt Clerk
F r OFFICIAL SEAL
�.., .
ANITA L. WHITE
NOTARY PUBLIC - CALIFORNIA
Y w i,\�
�„-r PRINCIPAL OFFICE IN -
(A-4617 REv 6/76) ^i: SAN FRAMISCO COUNTY
Aly C�mmissi^n E•pir^s March 19, 1980
'Contra Costa County Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 26 - 021 - 3
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1. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following fee:
[Check one alternative only. ] .
[ X] a. $ 750 monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions
herein, and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder.'
2. Payment Demands. Contractor shall submit written demands monthly or as
specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1.
(Payment Amounts) above. 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 for services rendered no later than 90 days from the end of the month
in which said services are actually rendered. Upon approval of said payment demands
by the head of the County Department for which this Contract is made on-his designee,
County will make payments as specified in Paragraph 1. (Payment Amounts) above.
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3. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to_ cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. 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 liability, 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.
(A-4619 REV 6/76)
SERVICE PLAN
Number 2 " 02 1 3
Contractor shall make available to the County for its food service at Contra Costa
County Hospital the following services:
1. Standardized Formulas (recipies) for the preparation of food including
over 1,200 formulas for eight modified diet programs and one general diet program.
Modified diet formulas shall be formulated to meet special nutritional needs of
certain hospital patients as determined by the County. A general diet program shall
be formulated to fit the nutritional needs of a person without special dietary problems.
These formulas shall be formulated for quantity preparation with a breakdown on formula
amounts to provide varying numbers of food portions. The formulas shall be tested and
revised periodically to insure quality, consistency, and the use of up-to-date food
products and preparation techniques.
2. Patient Menus shall be planned by a registered professional dietician
employed by the Contractor and shall exceed all minimum daily nutritional require-
ments of the National Research Council of the National Academy of Services. A
general diet menu shall include the following:
Breakfast: Choice of juice_or fruits
Choice of hot or cold cereal
Choice of the following:
French toast or hotcakes
Eggs
Sweet roll, special toast, etc.
Beverage
Lunch: Choice of soup, juices, or green salad
Choice of hot entrees and cold sandwich or salad plate
Vegetable
Choice of desserts
Muffin or bread and butter
Beverage
Dinner: Choice of soup or juices
Salad
Choice of entrees
Potato or starch
Vegetable
Choice of desserts
Roll or bread and butter
Beverage
The menus for modified diets shall follow the general diet program closely with as
many choices as can be offered within the limitation of a particular modification. A
two-week cycle menu shall be planned and rewritten twice a year in order. to provide a
variety of foods and allow for the use of seasonal foods.
3. Frozen Prepared Foods and other convenience food items shall be available
for purchase to the County by Contractor from a central warehouse with delivery to
County's facility by Contractor. The foods available for purchase shall be of uniform
quality aInd quantity and keyed to Contractor-prepared food formulas and patient menus
as specified in 1 and 2 above.
4. Supplies purchasing capability shall be available to the County with ancillary
corporations or Contractor subsidiaries for purchase of items needed for food prepar-
ation and service including:
a. ware washing and sanitation compounds
b. food preparation and service equipment
c. dishes, glassware, silverware.
Initials:
CqYractor County Dept.
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A/1
SERVICE PLAN
26 - 021 - 3
Number
5. All items available for purchase shall be priced at broker's level at a cost
plus basis so that the County will be advantaged by the Contractor's quantity buying
power.
6. A comprehensive manual or series of manuals related to diets, procedures,
operations, sanitation and training for food service in a hospital setting shall be
provided, maintained and updated by Contractor for County use.
7. Training in all aspects of food service and management shall be available
on a timely basis for County use for appropriate food service staff.
8. Consultation Service with Contractor's staff shall be available on an informal
basis by telephone and by prearrangement for specific projects or proposals to include
services from specialists in overall supervision, dietetics, food production, facilities
design, budget analysis, accounting and statistics related to the County's food service
at Contra Costa County Hospital.
Initials: 6 i
Contractor County Dept.
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SPECIAL CONDITIONS
26 - 021 - 3
Number
Paragraph 23 of the General Conditions shall not impose any contractual
obligation upon the Contractor, but Contractor waives any and all of its
rights under California Revenue and Taxation Code Section 1 7. 6.
Initials:
ontractor County Dept.
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Contra Costa County Standard Form
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GENERAL. CONDITIONS
(Purchase of Services)
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.
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.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be 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 hereof.
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
of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contract promises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete and
accurate list of its governing body (Board of Directors or Trustees) and to timely
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting confi-
dentiality, 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.
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 ai.athorized 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, and that none
shall be used, in whole or in part, for religious worship or instruction.
(A-4616 REV 6/76) -2-
' Coritrq Costa County N Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
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 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.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
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, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
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.
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 understandings,
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, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered 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.
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(A-4616 REV 6/76) -1-
Co,ntra-Cos'ti County « Standard Form
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GENERAL CONDITIONS
(Purchase of Services)
18. Indemnification. The Contractor shall defend, save harmless and indemnify the
County and its officers, agents and employees from all liabilities and claims for damages
for death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
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 a policy or policies
of comprehensive liability insurance, including coverage for owned and non—owned auto—
mobiles, naming the County and its officers and employees as additional insureds, with
a minimum combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person and damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers , agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor' s insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
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, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street,
Martinez, California 94553. 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.
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 ownershiplof 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 4107) , 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 4107.6, and waives all rights to further
notice or to damages under that or any comparable statute.
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(A-4616 REV 2/78) —3—