HomeMy WebLinkAboutMINUTES - 08171993 - 1.49 TO f BOARD OF SUPERVISORS ! n/
FROM: Mark Finucane, Health Services Director n^' Cwtra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: August 2, 1993 CourYty
\ SUBJECT: Approval of Contract #26-109-23 with Staff Builders, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Standard Contract #26-109-23 with Staff
Builders, Inc. , in the amount of $75, 000, for the period from July 1,
1993 through June 30, 1994, to provide nursing registry services at
Merrithew Memorial Hospital and Clinics.
II. FINANCIAL IMPACT:
Funding for this Contract is included in the Health Services
Department's Enterprise I budget projections for Fiscal Year 1993-94,
to be funded by salary savings generated through vacant registered
nurse positions.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For several years the County has contracted with nursing registries to
provide temporary licensed nursing personnel to assist Merrithew
Memorial Hospital and Clinics during peak loads, temporary absences
and emergency situations. There is a nationwide nursing shortage, and
in spite of persistent efforts to recruit nurses, the Department has
experienced great difficulty in filling any vacant positions.
Therefore, the Department has had to rely heavily on the registry
services in order to provide quality nursing care for patients.
Approval of Contract #26-109-23 will ensure the Department's ability
to provide nursing care for the County's patients, while continuing
its efforts to hire permanent nursing staff.
CONTINUED ON ATTACHMENT: YES SIGNATURE: %
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DATI N OF BOARD COMMITTEE -/
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON -AUG 17 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
,y/ UUNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Frank Puglisi, Jr. (370-5100)
CC: Health Services (Contracts) ATTESTED
AUG 17 1993
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83 BY
DEPUTY
Contra Costa County Number 26-109-23
•-Stayidard Form 1/87 STANDARD CONTRACT Fund/Org # as coded
(Purchase of Services) Account # 2802
1. Contract Identification. Other #
Department: Health Services - Hospital and Clinics Division
Subject: Temporary help firm - nursing registry
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: STAFF BUILDERS SERVICES, INC.
Capacity: New York corporation Taxpayer ID #_ _13-2594932
Local Address: 877 Ygnacio Valley Road, Suite 209, Walnut Creek, California 94598
Corporate Address: 1981 Marcus Avenue, Lake Success, New York 11042
3. Term. The effective date of this Contract is July. 1. 1993 and it terminates
June 30. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 75.000
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 Sections 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA. CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERV�S---�bol
of Sup="—
Chairman/Design
nty Administrator
gy �cl// ksx, B`l
Dep ty
CONTRACTOR
By By
S ephe n v v i d gay 1(
PT«;dP-4 + ExecLJive Vtct Fre,,sJe4 r
(Designate business capacity A) (Designate business capacity B)
Note to Contractor:. For corporations (profit or nozwrofit), the contract scut be signed by two officers. Signature A scut be
that of the president or vice-president and Signature ! mgt be that of the secretary or assistant secretary (Civil Code Section.
1190 and Corporations Code Section 311). All signatures ssut be acknowledged as set forth an page two.
' Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 26-109-23
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By Lam!
Designee
APPROVED: COUNTY ADMINISTRATOR
By
I Y7
ACKNOWLEDGEMENT
IV21,J �Or�
State of xx:iz ACKNOWLEDGEMENT (B C r oration
Partnership, or Individual)
County of K)ab'bQl,l
The person(s) signing . above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representatives) of the
psTtiwxshi$-max corporation named above in the capacity(:ies) stated, personally
appeared before me today and acknowledged that he/sheft-H-eb, executed it, and
aektealedge-d--to-Tne-th-at-the--part,nership-named-above-exee acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
i
Dated: 2-70 1993
[Notarial Seal] �-
Notary Public/Deputy County Clerk
2- 6�EYEN C.STACK
Nbptry Pubft State o+ NPw York
No 30-498 71;
n;,411+jed in Na-" :,ountyo,
�..,. w4jAon Ext ". .. i
contra costa uounzy rLLI INT rxuvlbiumb Dzanaara rorm a/iu
(Fee Basis Contracts)
Number 26-109-23
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 as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor: [Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[X] d. The applicable fee per hour of temporary work, as defined in the Service Plan
in accordance with the fee schedule in Paragraph 1. (Scope of Services) of
the Service Plan; provided that County will also pay the following additional
rates as applicable:
(1) Overtime compensation according to Paragraph 9. (Overtime Compensation)
of the Service Plan;
(2) Short notice reimbursement according to Paragraph 10. (Short Notice
Reimbursement) of the Service Plan; and
(3) Holiday compensation according to Paragraph 11. (Holiday Compensation) of
the Service Plan.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for. such services, even though such
services were fully provided.
4. Right to 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.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials:
Contractor Coun Dept.
SERVICE PLAN
Number 26-109-23
1. Scope of Services. Upon request received by the Contractor from the County's Health
Services Director, or his designee (Director of Nursing, or an Assistant Director of
Nursing) , and subject to the payment limit of this Contract, the! Contractor shall provide its
employees, in the below listed job classifications and at the specified hourly billing rates,
to do temporary work for the County for specified peak loads, temporary absences, or
emergency situations. Personnel providing services under this Contract are not County
employees.
NOT TO EXCEED THE BILLING
RATE SPECIFIED BELOW PER
JOB CLASSIFICATION SHIFT HOUR OF TEMPORARY WORK
a. Registered Nurse Day Shift $ 39.60
b. Registered Nurse Evening Shift $ 39.60
c. Registered Nurse Night Shift $ 42.90
d. Registered Nurse Weekends $ 41.25
e. Licensed Vocational Nurse Day Shift $ 23.10
f. Licensed Vocational Nurse Evening Shift $ 23.65
g. Licensed Vocational Nurse Night Shift $ 24.20
h. Licensed Vocational Nurse Weekends $ 24.20
2. Standards.
a. JCAHO Standards for Use of Outside Nursing Services. Contractor shall comply with
the Joint Commission on Accreditation of Hospitals (JCAHO) nursing services requirements for
use of outside services including, but not limited to, JCAHO Standard NR 3.9 which provides
for evaluation by County's Merrithew Memorial Hospital and Clinics nursing administration of
nurses provided by Contractor. In addition, pursuant .to JCAHO requirements, Contractor,
shall, upon written request from County, make available to authorized County representatives
its personnel files, policy and procedure manuals, health certificates, licenses, and similar
documents, for auditing purposes of JCAHO Standards.
b. JCAHO Standards for Nursing Personnel. Contractor shall provide nursing
personnel who meet the following JCAHO standards:
(1) Registered Nurses. Contractor shall provide Registered Nurses who have one
year of documented current nursing experience within the last two years, or who have
successfully completed a Board of Registered Nurses Certified Nurse Refresher course within
the last three months and who possess current licensure.
(2) Licensed Vocational Nurses. Contractor shall provide Licensed Vocational
Nurses who have one year of documented current nursing experience within the last two years,
or who have successfully completed a Board of Licensed Vocational Nurses Certified Nurse
Refresher course within the last three months and possess current licensure.
3. Definitions.
a. dour of Temvorary Work. For payment purposes in accordance with Paragraph l.d. of
the Payment Provisions, an "hour of temporary work" is herein defined as the provision of the
above described services, by one of Contractor's employees in one of the classes listed' in
Paragraph 1. (Scope of Services) above, onsite in a County Health Services Department
facility,. for one full hour. Portions of an hour of temporary work spent by each paid
Initials: `!
Contractor County Dept.
1
SERVICE PLAN
Number 26-109-23
Contractor's employee in providing services shall be reported in one-half hour_ increments.
Time spent in travel and other such activities involving no service shall not be included.
b. Overtime. For payment purposes, overtime is the provision at County's request, of
hours of temporary work, by a Contractor's employee, beyond eight hours in any workday,
and/or beyond forty hours in any workweek.
c. Holiday Shift. For payment purposes, a holiday shift is one in which the majority
of hours worked by Contractor's employee, fall on the actual calendar date of one of the
holidays specified in Paragraph 11. (Holiday Compensation) , below.
4. Notification of Work Order. Contractor will be notified of a work order for temporary
help by ,one of the individuals specified in Paragraph 1. (Scope of Services) , above. After
the initial job order is received, the Contractor will contact the supervisor who is to
oversee the Contractor's employee in order to ascertain exact duties and responsibilities of
the job involved. County agrees to request the services of each Contractor's employee for
a period of no less than four hours.
5. Replacement. In the event of unsatisfactory performance by the Contractor's employee
as judged by the nursing supervisor or charge nurse to which Contractor's employee is
assigned, County may request replacement of said employee within the first four hours of work
without charge to the County. After the first four hours, County may request replacement,
and Contractor will bill County for the time Contractor's employee worked in excess of four
hours.
6. Time Cards. Time cards shall be supplied by the Contractor, and time cards completed
by Contractor's employees shall be approved by - the Department's duly authorized
representative (Director of Nursing, Nursing Supervisor, or Charge Nurse to whom the employee
has been assigned) .
7. Eligibility for Hire. County may hire any temporary worker, supplied to the County by
the Contractor under the terms of this Contract, without penalty, if the following conditions
are met:
a. The Contractor's worker must notify the Contractor of his/her intent to accept
a County employment offer; and
b. Following such notice, the Contractor's worker must work a minimum of 10 eight-
hour shifts, or a total of 80 hours, for the Contractor in a County Health
Services Department facility prior to beginning County employment.
If either one of the above conditions is not satisfied, County shall pay Contractor a fee of
$500.00 as a penalty. No other penalty is intended or imposed.
The Contractor or the Contractor's worker(s) may enter into open and competitive examinations
for County positions; however, the County will give no special consideration for the time the
Contractor or the Contractor(s) employee spent as a temporary worker . in a County
facility.
B. Limitation of Service. Contractor shall provide an individual employee to work for no
more than 90 days with respect to any single peak load, temporary absence, or emergency
situation.
Initials•
Contractor County Dept.
2
SERVICE PLAN
Number 26-109-23
9. Overtime Compensation. County will pay for overtime worked at County's request, by
Contractor's employees, in accordance with the following formulae:
a. One and one-half times the employee's regular billing or pay rate for all hours
worked in excess of eight hours up to and including twelve hours in any workday, and for the
first eight hours worked on the sixth and seventh consecutive clay of work for .that employee;
and
b. Double the employee's regular billing or pay rate for all hours worked in excess
of twelve hours in any workday and for all hours worked in excess of eight hours on the sixth
and seventh consecutive day of work for that employee.
c. In all instances when an employee of the Contractor is requested to work a double
shift, pay and billing for the second shift shall be based upon the normal hourly rate for
the second shift in determining the premium.
10. Short Notice Reimbursement. In the event that the County cancels a shift less than one
and one-half hours before said shift is to begin, and the Contractor's scheduled employee
cannot be placed at another County location for the shift, the County will reimburse the
Contractor for four hours of service. In the event that the Contractor cancels a scheduled
employee less than one and one-half hours before a shift is to begin, and the Contractor is
unable to furnish a replacement employee for said shift, the Contractor will credit the
County for four hours of service.
11. Holiday Compensation. The County and the Contractor each recognize the following
holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, New
Year's Day, Martin Luther King's Birthday, President's Day, and Memorial Day. On these
holidays, the County will reimburse the Contractor for services rendered to the County by the
Contractor's employees, at the County's request, at the rate of one and one-half times the
appropriate normal. billing rate specified in Paragraph 1. (Scope of Services) , above.
Initials: 7 n
Contractor CVaflfty Dept.
3
SPECIAL CONDITIONS
Number 26-109-23
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and
replaced in its entirety with the following new provision:
"19. Professional Liability Insurance. During the entire term of this Contract and
any extension or modification thereof, Contractor shall provide and keep in effect a policy
or policies of professional liability insurance with a minimum coverage of $1,000,000 per
incident/$3,000,000 annual aggregate for all damages or losses because of errors, omissions
or malpractice arising from the provision of professional services under this Contract.
The Contractor shall provide the County with (a) certificates (s) of insurance evidencing its
professional liability insurance coverage specified above 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."
2. Employee Security. The Contractor shall provide worker's compensation coverage and
unemployment compensation coverage for its employees.
3. Endorsement. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
LN
Initials: p %J.
Contractor County Dept.
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local 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, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United States
Government, the Contractor's regular business records and such additional records pertaining
to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining
to this Contract for five years from the date of submission of Contractor's final payment
demand or final Cost Report; for any further period that is required by law; and until all
Federal/State audits are complete and exceptions resolved for this contract's funding period.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor. Subcontractor. Pursuant to
Section 1861(v) (1) of the Social Security Act, and any regulations promulgated thereunder,
Contractor shall, upon written request and until the expiration of four years after the
furnishing of services pursuant to this Contract, make available to the Secretary of Health
and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract. and books, documents, and records of
the subcontractor that are necessary to verify the nature and extent of all costs and charges
thereunder.
This special condition is in addition to any and all other terms regarding the maintenance
or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
4. Retorting Requirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section listing the -numbers and dollar amounts of
all contracts and subcontracts relating to the preparation of each such document or written
report. This section shall apply only if the payment limit under this Contract exceeds
$5,000.
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, and may be
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon -written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any of
its obligations hereunder. In the event of such termination, the County may proceed with
the work- in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract is
terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon
by the parties. Except as expressly provided herein, no other understanding, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind
any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement between the Contractor and the County. Such Informal
Agreements shall be designated as such and shall not be amendments to this Contract except
to the extent that they further detail or clarify that which is already required hereunder.
Such Informal Agreements may not enlarge in any manner the scope of this Contract, including
any sums of money to be paid the Contractor as provided herein. Informal Agreements may be
approved and signed by the head of the County Department for which this Contract is made or
his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors or,
after Board approval, by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment executed
by the Contractor and the County Administrator or his designee, subject to any required State
or Federal approval, provided that such administrative amendments may not materially change
the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in
writing by the head of the County Department for which this Contract is made or his designee
or in accordance with the applicable procedures (if any) required by the State or Federal
Government.
2
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in
the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State
regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be deemed amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with the
requirements of this Contract, or acceptance of the whole or any part of said performance,
or payments therefor, or any combination of these acts, shall not relieve the Contractor's
.obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped
from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns
and representatives of Contractor. The Contractor shall not enter into subcontracts for any
work contemplated under this Contract and shall not assign this Contract or monies due or
to become due, without the prior written consent of the County Administrator or his designee,
subject-to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
between the parties of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not make, participate in making, or in any way attempt to use the
position afforded them by this Contract to influence any governmental decision in which he
or she knows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees to comply with all applicable State or Federal
statutes or regulations respecting confidentiality, including but not limited to, the
identity of persons served under this Contract, their records, or services provided them,
and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open
to examination for any purpose not directly connected with the administration of such
service.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents and
partners of the above provisions, and that any person knowingly and intentionally disclosing
such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under
this Contract shall be available to all qualified persons regardless of age, sex, race,
religion, color, national origin, or ethnic background, or handicap, and that none shall be
used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum combined
single limit coverage of $500,000 for all damages, including consequential damages, due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of
property, including the loss of use thereof, arising from each occurrence. Such insurance
shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as
required herein no later than the effective date of this Contract. If the Contractor should
renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to County before
cancellation or material changes of the above specified coverage.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
20. Notices. All notices provided for by this Contract shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to the head of the County Department for which this Contract is made.
Notices to the Contractor shall be addressed to the Contractor's address designated herein.
The effective date of notice shall be the date of deposit in the mails or of other delivery,
except that the effective date of notice to the County shall be the date of receipt by the
head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit
any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this Contract
will be purchased by County under a new contract following expiration or termination of this
Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession
of, claim to or right to the possession of land or improvements; but does not vest ownership
of the land or improvements in the same person, or if this Contract results in the placement
of taxable improvements on tax exempt land (Revenue& Taxation Code Section 107) , such
interest or improvements may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes levied on such interest.
Contractor agrees that this provision complies with the notice requirements of Revenue &
Taxation Code Section 107.6, and waives all rights to further notice or to damages under that
or any comparable statute. .
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services
under this Contract may provide some aid or assistance to members of the County's population,
it is not the intention of either the County or Contractor that such individuals occupy the
position of intended third-party beneficiaries of the obligations assumed by either party
to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the
express written consent of the County Administrator. If any material is subject to
copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others to do so.
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