HomeMy WebLinkAboutMINUTES - 08081995 - C62 TO: BOARD OF SUPERVISORS
FROM: w IContra
Mark Finucane, Health Services Director Costa
DATE: July 24, 1995 County
SUBJECT:
Approval of Standard Contract #24-723-39 with
Neighborhood House of North Richmond, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION '
I. RECOMMENDED ACTION:'
Approve and authorize the Health Services Director or his designee
(Chuck Deutschman) to execute on behalf of the County, Standard
Contract #24-723-39 with Neighborhood House of North Richmond, Inc. ,
for the period from July 1, 1995 through June 30, 1996, with a payment
limit of $474,302, for provision of alcohol program services. This
Contract includes a six-month automatic extension through December 31,
1996, with a payment limit of $237, 151.
II. FINANCIAL IMPACT:
This Contract is included in the Department's budget and is funded by
Federal, State, and County funds, estimated as follows:
$ 223, 021 Federal
63,221 State
188, 060 County
$ 474, 302 TOTAL CONTRACT PAYMENT LIMIT
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On December 13 , 1994, the Board of Supervisors approved Novation
Contract #24-723-38 with Neighborhood House of North Richmond, Inc. ,
for alcohol program services for the period from July 1, 1994 through
June 30, 1995.
Approval of Standard Contract #24-723-39 will allow the Contractor to
continue to provide Social-Setting Detoxification and Recovery Home
Program services through June 30, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON S APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF. SUPERVISORS ON THE DATE SHOWN.
Contact: Chuck Deutschman (313-6350)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,CkIt Of the Boa of
Auditor-Controller Supervisors and County Administrator
Contractor 1
M382/7-83 BY DEPUTY \ ,
Contra Costa County, Number 24-723-39
Stanard' Form 1%87 STANDARD CONTRACT Fund/Org # 5915
(Purchase of Services) Account # 2320
1. Contract Identification.
Department: Health Services - Substance Abuse Div.Si
Subject: Alcohol program services (Recovery Home and Soci Model
Detoxification Programs)
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: NEIGHBORHOOD HOUSE OF NORTH RICHMOND, INC.
Capacity: Nonprofit California Corporation Taxpayer ID #Not Applicable
Address: 305 Chesley Avenue, Richmond, California 94801
3. Term. The effective date of this Contract is July 1. 1995 and it terminates
June 30. 1996 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed 474 302.
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 Condit' 13 contained or incorporated herein.
6. Contractor's Obligations. Contract -vide those services and carr out that
8 Y
work described in the Service Plan attac d ereto 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:
County's Contract #29-488 (State #NNA07-94) with the State Department of Alcohol and
Drug Programs and any modifications or revisions thereof.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
Jrc ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS ` of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 24-723-39
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By
Designee _ Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOMMGMENT ft Cofpofatian,Paftwmhip,or h divxkW)
(Civil Code 11189)
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts) Number 24-723-39
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.
[R] d. (1) $ 31.04 for each Recovery Home/AGAP Client Bed Day unit of service as
defined in the Service Plan not to exceed 5,079 units of
service; and
(2) $ 52.07 for each Social-Setting Detox Client Bed Day unit of service
as defined in the Service Plan not to exceed 6,081 units of
service.
2. PayLnent 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 County Dept.
1
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts) Number 24-723-39
6. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded
by $100,000 or more in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit annually and shall
submit the audit to County in the time, form, and manner required by the most current
version of Office of Management and Budget Circular A-133 and by County. Contractor
is solely responsible for arranging for the conduct of the audit, and for its cost, and
County may withhold the estimated cost of the audit or 10 percent of the contract
amount, whichever is larger, or the final payment, from Contractor until County
receives the audit from Contractor.
Initials:
Contractor County Dept.
2
SERVICE PLAN
Number 24-723-39
1. Scope of Services. Contractor shall provide Social-Setting Detoxification services and
Recovery Home Program services at its State-certified facility(ies) located in Richmond,
California. No client shall be admitted to Contractor's treatment program without the prior
written approval of the County's Substance Abuse Division Director, or his designee.
Contractor shall make its admissions policy, which is incorporated herein by reference,
available to the public for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to clients, or
to other persons responsible for clients, shall approximate estimated actual cost.
3. Service Specifications. During the term of this Contract, Contractor shall provide
alcoholism program services as follows:
a. Social-Setting Detoxification Program. Contractor shall provide social-setting
detoxification services under this program at its State-certified residential facility known
as the Jessie Willis Hollomon Detoxification Center (located at 208 23rd Street, Richmond,
California) which is designated by the County Board of Supervisors as a facility for 72-hour
treatment and evaluation of inebriates pursuant to the provisions of Welfare and Institutions
Code Section 5170, and which shall be maintained by Contractor for the purposes specified in
the W & I Code Section 5170. Contractor's facility will be available at all times for use
by County as specified herein.
(1) Program Operation. Contractor shall appropriately equip and staff its
facility to provide meals, snacks, beds, laundry and toilet facilities, secured storage for
the clients' personal belongings, 72-hour care and treatment, and information and referral
services regarding other community resources and programs. The primary objective of
Contractor's program shall be to provide a supportive atmosphere in which a client can
recover from the toxic effects of alcohol and to provide the same individual with information
regarding alternatives to alcohol abuse. Additionally, Contractor shall provide the client
with an opportunity to reach a state of sobriety in a supportive, non-medical, non-
institutional setting with the help of other clients and Contractor's staff, comprised in
part of sober alcoholics. If any client demonstrates symptoms of illness other than simple
intoxication, Contractor will send that client to a licensed medical facility for immediate
evaluation of and care for that medical problem. Costs for such medical evaluation are not
covered under the terms of this Contract.
(2) Criteria for Receipt of Social-Setting Detoxification Services. Subject to
the restrictions and requirements of Contractor's license(s) , application of program
Admission will be in accordance with the provisions of Welfare and Institutions (W & I) Code
Section 5170.3 and Section 5172.1. Contractor will admit and provide services for
inebriated, ambulatory persons, up to the facility's capacity, on a first-come, first-served
basis. Persons who would otherwise be eligible for service in this facility will be referred
by Contractor to a like County facility if all of Contractor's beds are taken. Contractor's
facility will be available for service 7 days a week, 24 hours per day. Contractor will
provide services for each person admitted for approximately 72 hours (3 days) , but a shorter
or longer stay may be arranged subject to the provisions of Welfare and Institutions Code
5171.
b. Recovery Home Program/Social Rehabilitation Project. Contractor shall provide
recovery home services under this program at its State-certified residential facility known
Initials:
1 Contractor County Dept.
SERVICE PLAN
Number 24-723-39
as the Walter E. Fauerso New Way Center (located at 208 23rd Street, Richmond, California) ,
as follows:
(1) Program Operation. Contractor shall provide the following recovery home
services for program participants, including the provision of services to the target
population identified by the State Department of Alcohol and Drug Programs as "homeless";
(a) Room and Board;
(b) Recreational opportunities;
(c) Individual recovery planning;
(d) Education regarding alcoholism and recovery;
(e) Contact, as appropriate, with other residents;
(f) Group and/or community meetings;
(g) Help in developing social skills within the residential setting and
larger community;
(h) Education and referral services regarding HIV infection;
(i) Education and referral services regarding Tuberculosis infection
(Clients denied admission based on capacity shall be referred to
another provider of TB services. ) ; and
(j) Outreach activities to inform and encourage clients in need of drug
abuse treatment services to undergo such treatment.
Contractor shall keep complete written records, in the form and manner required by County,
of HIV/AIDS/TB educational efforts, referral sources, number of clients referred, and
Outreach activities.
(2) Criteria for Receipt of Recovery Home Services. Subject to the restrictions
and requirements of Contractor's State license(s) , Contractor will admit persons desiring
services who, in Contractor's judgement, have alcohol as a primary problem, who are
ambulatory and can take care of their own personal needs, who have no serious medical or
psychiatric problems, and who are willing to abide by Contractor's facility rules.
Contractor will admit such persons on a first-come, first-served basis.
(3) Alternative to General Assistance Program (AGAP) . During the term of this
Contract, Contractor will also provide 14 recovery home beds and services for such clients
who are approved by County as eligible participants in County's AGAP. The number of
Contractor's AGAP clients shall not exceed 90% of the total number of clients participating
in Contractor's Recovery Home Program. Contractor will establish and maintain records on
AGAP participants and shall prepare and submit reports to County in the time, form, and
manner required by County. Contractor shall pay each eligible AGAP participant up to $20 per
month (as prescribed by County's Substance Abuse Division Director, or his designee) for
incidental daily expenses, including toiletry articles, cigarettes, job search
transportation, and other such personal needs.
4. Service Unit Definitions.
a. Social-Setting Detoxification Program: A "Social-Setting Detox Client Bed Day"
unit of service, for reporting purposes, shall be defined as the provision of 72-hour
detoxification services for one client in one residential day; i.e. , any portion of a single
Initials:
2 Contractor County Dept.
SERVICE PLAN
Number 24-723-39
24-hour period ending at 12:00 midnight during which a client receives services within a
residential setting provided by Contractor under its Social-Setting Detoxification Program.
b. Recovery Home Program/AGAP: A "Recovery Home/AGAP Client Bed Day" unit of
service, for reporting purposes, shall be defined as the provision of recovery home services
for one eligible client in one residential day; i.e. , any portion of a single 24-hour period
ending at 12:00 midnight during which a client receives services within a residential setting
provided by Contractor under its Recovery Home Program.
5. Program Objective and Performance Evaluation. Contractor shall provide the above
program services so as to achieve the service program objectives set forth in the
Department's Contract Work Plan for this Contract which is on file in the Department's
Substance Abuse Division and which is incorporated herein by reference. Contractor's
performance under this contract shall be evaluated by County on the basis of:
a. The degree to which each specified service program objective was actually achieved,
and
b. The total number of service units that were actually provided by Contractor
hereunder.
6. Performance Report. Contractor shall prepare and submit to the County such periodic
performance progress reports as may be required by County's Health Services Department
Director or his designee. No later than August 31, 1996, or 60 days following the
termination of this contract, whichever comes first, Contractor shall prepare and submit to
County an Annual Performance Report, in the form and manner prescribed by County's Department
Director, or his designee.
7. Administrative Meetings. Provider shall attend regular administrative meetings as
required by County's Substance Abuse Division Director, or his designee,
8. Service Program Administration and Fiscal Management. Contractor shall administer the
service programs covered by this Contract as separate organizational, administrative, and
fiscal activities and shall keep each program separate and distinct from other activities.
Contractor shall also establish and maintain a fiscal management system of cost center
accounts so that funds provided by this Contract will not be co-mingled with or used in
Contractor's other activities which are not covered by this Contract.
Initials:
3 Contractor County Dept.
SPECIAL CONDITIONS
Number 24-723-39
1. Required Audit. Payment Provisions Paragraph 6. (Required Audit) is hereby deleted in
its entirety and replaced with a new Paragraph 6 to read as follows:
116. Required Audit. If Contractor is funded by $250,000 or more in federal grant
funds in any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version of
Office of Management and Budget Circular A-133. Contractor is solely responsible for
arranging for the conduct of the audit, and for its cost, and County may withhold the
estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the
final payment, from Contractor until County receives the audit from Contractor. ,,
2. Budget of Estimated Program Expenditures. A budget of estimated program expenditures
for the services described in this Contract shall be prepared and submitted by Contractor to
County and shall be maintained on file in the offices of the Substance Abuse Division.
3. Financial Statement. Contractor shall prepare a financial statement, in a form and
manner required by County, verifying the total number of service units actually provided and
covering the costs that are actually incurred in the provision of services in each fiscal
year period ending June 30th under this Contract. Contractor shall have said financial
statement reviewed and verified by an independent Certified Public Accountant and shall
submit said financial statement together with the Certified Public Accountant's verification
to County not later than August 31th following the end of each fiscal year period hereunder,
or 60 days following the termination of this Contract, whichever comes first, in lieu of
Contractor filing a cost report. The financial statement is required for information only
and shall not be used by County to adjust payments made to Contractor during the term of this
Contract.
In accordance with Payment Provisions Paragraph 4. (Right to Withhold) , County may withhold
up to 100% of any Contract payment which is due and payable to Contractor pending submission
of the required financial statement. Upon receipt of said financial statement, County shall
release to Contractor any payment amount which has been withheld by County.
4. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract,
unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of
the General Conditions prior to June 30, 1996, the term of this Contract shall be
automatically extended from July 1, 1996 through December 31, 1996. During its extended
term, this contract is nevertheless subject to all the terms and conditions applicable during
its initial term, including but not limited to General Conditions Paragraph 5. (Termination) ,
except as to payment for services rendered during the extended term. The purpose of this
automatic six-month extension is to allow for continuation of services as specified in this
Contract, to avoid interruption of payment to Contractor, and to allow County time in which
to complete a novation or renewal contract for Contractor and County Board of Supervisors
approval. As to any such six-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this
Contract, is increased by $237,151 (the six-month Payment Limit) and County's total payments
to Contractor for said six-month extension shall not exceed this six-month Payment Limit,
subject, nevertheless, to the aforesaid novation or renewal contract.
Initials:
Contractor County Dept.
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SPECIAL CONDITIONS
Number 24-723-39
b. Contractor shall continue to provide services as set forth in the Service Plan,
subject to any amendments thereto; all service units (set forth in the Service Plan and/or.
Special Conditions) shall be prorated for the six-month period.
C. In addition to the financial statement of Contract operations specified in
Paragraph 4. (Financial Statement) of these Special Conditions, Contractor shall also submit
to County, no later than 60 days following termination of this Contract as extended, an
extension period financial statement covering the period of this six-month extension. The
content and Certified Public Accountant verification requirements for this statement shall
be as specified above in Special Conditions Paragraph 4. This financial statement is for
information only and shall not be used by County to adjust payments made to Contractor.
5. Ownership and Disposition of Property and Equipment. Equipment and capital expenditure
items with a purchase price of 500 or-more and a useful life of at least one year shall be
defined as nonexpendable property. Items with a purchase price of less than 500 or a useful
life of less than one year shall be defined as expendable property. Subject to these
definitions, the acquisition, utilization, and disposition of expendable and nonexpendable
property shall be determined in accordance with the principles and statements set forth in
Federal Management Circular FMC 74-7 (Attachment N) , a Federal General Services
Administration publication dated September 13, 1974; references contained therein to the
federal government, federal agencies or "grantor" shall be construed to mean "County" and
references to "grantee" shall be construed to mean "Contractor. " Upon termination of this
Contract, or as otherwise may be prescribed by County, Contractor shall account for and
transfer to County all remaining expendable and nonexpendable property (including supplies
and equipment) loaned by County for use by Contractor or acquired with Contract funds
(excluding items which are not fully depreciated or which are purchased with outside non-
County revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
6. Protection of Property and Equipment. Throughout the term of this Contract, and any
modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all program
property and equipment loaned by County for use by Contractor or acquired with Contract
funds.
b. Establish a property management control system to ensure adequate safeguards to
prevent loss, theft, or damage to property, and maintain all equipment in good working repair
at all times.
C. Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment. Contractor
shall repair or replace all such items within 60 days with items of comparable quality and
value.
d. Maintain accurate records of all equipment and other such property loaned by
County for use by Contractor or acquired with Contract funds, including property description,
identification numbers, acquisition date and cost, source, location, use, condition and
disposition.
7. Third-Party Payment Liability. Contractor shall be solely responsible for any payments
due from Contractor to third parties or for any liabilities, obligations, or commitments of
Initials:
Contractor County Dept.
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SPECIAL CONDITIONS
Number 24-723-39
Contractor arising from Contractor's performance of this Contract, including, but not limited
to, any payments that Contractor may owe to contractors or other suppliers for goods and.
services received by Contractor in the operating, equipping, altering, remodeling,
renovating, or repairing of Contractor's program and facilities established under this
Contract. In no event shall County be responsible for any payments due from Contractor to
third parties or for any liabilities, obligations, or commitments of Contractor arising from
Contractor's performance of this Contract.
8. Professional Liability Insurance Requirements. The provision of professional liability
insurance coverage by Contractor is optional at Contractor's sole discretion subject to
General Conditions Paragraph 18. (Indemnification) .
9. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials:
Contractor County Dept.
3
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. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
.Contra 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 sura
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.
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• 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.
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Contra Costa County Standard Form 1187
GENERAL CONDITIONS
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of 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 of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Parhy 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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