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Home My WebLink AboutMINUTES - 08081995 - D2ABC BOARD OF SUPERVISORS HS.01 Contra �. .. o a FROM: FAMILY AND HUMAN SERVICES COMMITTEE Costa � Count August 4 1995 ^`�`' �`f' y DATE: 7 � qs....---•-"-"` � rq covK�' SUBJECT: PROPOSED CHANGES TO THE GENERAL ASSISTANCE PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE-General Assistance Standards of Assistance for the Administration of the General Assistance Program which provide direct vendor payments to landlords or principal tenants as in-kind assistance in-lieu of cash assistance for General Assistance recipients and reduce monthly grant amounts accordingly as set forth in the Resolution submitted to our Committee by the Social Service Department, with the following amendment to Section 103 (e): " 103. (e) There shall be no reduction in aid for a homeless person who is willing to accept available county or private shelter if the only available shelter is in a geographic region of the county other than that in which the person normally resides. For purposes of this paragraph, Central and East County are viewed as one geographic region." (Approved unanimouslvl. (Resolution 95/383) 2. AGREE to amend General Assistance Standards for the Administration of the General Assistance Program as reflected in the Resolution on shared housing submitted to our Committee by the Social Service Department. _(Approved (I/LIV.V)ave: (l. !I) nol. (Resolution 95/384) 3. REQUEST that the Board discuss with the County Counsel in closed session the General Assistance Standards for the Administration of the General Assistance Program, in view of the threat of litigation raised by the Phil Bertenthal, Director of Litigation for the Legal Services Foundation. (Approved unanimous/vl. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ONAugust 8, 197 97 5 APPROVED AS RECOMMENDED x OTHER x Following testimony by Phil Bertenthal , representing Contra Costa Legal Services, Bruce Oberlander, Concord, and John Wolfe, representing Contra Costa Taxpayers Association, and after discussion by the Board of Supervisors, IT IS BY THE BOARD ORDERED that actions based on the recommendations of the Family and Human Services Committee were approved as shown above. VOTE OF SUPERVISORS See each recommendation for vote I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED August 8 , 1995 Acting Social Service Director PHIL BATCHELOR,CLERK OF THE BOARD OF Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Public Health Director M382 (109,9unty Counsel BY -DEPUTY HS.01 4. APPROVE and AUTHORIZE the Health Services Director or his designee to execute on behalf of the County a contract with Shelter, Inc. for the operation of the Mt. View House Transitional Living Program for the period July 1, 1995 -August 31, 1995, in the amount of$62,901. Approved unanimouslvl. 5. APPROVE and AUTHORIZE the Health Services Director or his designee to execute on behalf of the County a contract with Shelter, Inc. for the operation of the North Concord and Richmond homeless shelters for the period July 1, 1995 - August 31, 1995, in the amount of$115,654.50. (Approved unanimouslvl. 6. DIRECT the Health Services Director to provide the Family and Human Services Committee on September 11, 1995, with copies of the following in regard to the contracts with Shelter, Inc. for Mt. View House and the North Concord and Richmond shelters: A. The revised Work Plans which are intended to be incorporated by reference into any contract for Mt. View House or the North Concord and Richmond shelters subsequent to August 31, 1995. B. The revised Admissions and Service Delivery Policies which are intended to be incorporated by reference into any contract for Mt. View House or the North Concord and Richmond shelters subsequent to August 31, 1995. C. Detailed information on the qualifications of employees working in the shelters. D. Detailed descriptions of how case management will be conducted in the future for shelter residents in order to eliminate any duplication in the provision of case management services by the Health Services Department, Social Services Department and Shelter, Inc. E. Copies of any other policies and procedures or written agreements which indicate the nature and scope of the program which will be operated at the three shelter facilities (Mt. View House, North Concord and Richmond) or which outline the rules under which individuals will be admitted to or excluded from any of these facilities. F. A timeline for-what will be done and when it will be done in terms of accomplishing each element of the revision to the homeless services program for the County, including the completion of the Comprehensive Homeless Plan. tApproved unanimouslvl. 7. AUTHORIZE the Family and Human Services Committee to report to the Board of Supervisors on September 12, 1995, on the results of their meeting September 11, 1995, with the Health Services Director, Social Services Director and other parties regarding the terms of the contracts with Shelter, Inc. in order to insure that Shelter, Inc. does not unnecessarily sustain a cash flow problem due to a delay in the approval of their contract with the County. (Approved unanimouslvl. 8. DIRECT the Social Service Director to report to the Family and Human Services Committee on September 11, 1995, on how the Board of Supervisors' directives of July 25, 1995 regarding reserving a portion of the beds in the North Concord and Richmond shelters for General Assistance recipients will be implemented, how the availability of these beds will be made known to eligibility workers, and under what circumstances General Assistance grants will be adjusted if a General Assistance applicant or recipient accepts or refuses to accept an available shelter bed. [Approved unanimouslvl. 2 HS.01 9. CLARIFY that it was the intent of the Board of Supervisors on August 1, 1995, to allocate$18,000 to Crisis Intervention under the Contra Costa County Emergency Shelter Grant Program for the 1995-96 fiscal year, for start-up and operating expenses for a toll-free countywide homeless hotline as recommended by the Community Development Director. IAooroved unanimouslvl. 10. REQUEST Crisis Intervention and the Health Services Director to report to the Family and Human Services Committee on September 11, 1995, on the status of funding and implementation of the homeless hotline by Crisis Intervention. tAovroved unanimouslvl. 11. RESCIND the August 1, 1995 approval of the Resolution on General Assistance Hearing and Appeal Procedures, and instead approve the original Resolution submitted by the Department and DIRECT the Acting Social Service Director and County Counsel to meet with representatives from the Legal Services Foundation in an effort to reach agreement on additional proposed amendments to this Resolution which would reduce the areas of disagreement and therefore the chances of litigation and report their conclusions and recommendations to the Family and Human Services Committee on September 11, 1995. !Approved LIILIV ave: I1.Vn01. (Resolution 95/385) 12. As a contingency, to take effect only if the shared housing provisions of Recommendation #2 above cannot be implemented, APPROVE an alternative provision on shared housing implementing reductions limited to 15% when sharing with one other person, 20% when sharing with 2 other persons and 25% when sharing with three or more other persons. [Avoroved I.III.IV.V ave: 11 nol. (Resolution 95/384) i 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 by the following vote: AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Standards for Administration of the RESOLUTION NO. 95/ 383 General Assistance Program The Contra Costa County Board of Supervisors RESOLVES that Board of Supervisors Resolution No. 91/606, as amended, is further amended as follows, effective September 1, 1995: Part 1, Standards of Aid 103. The standard of aid for a person who is eligible for general assistance but is homeless shall be the standard for a 1 person assistance unit, which shall be administered as follows: (a) If the homeless person resides at a county shelter, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and basic transportation. (b) If the homeless person resides at a private shelter, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and basic transportation. (c) In consideration of the county's right to cooperation in administering its General Assistance Program and to compliance with the reasonable requirements of shelter residence, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and transportation if a homeless person declines to accept available county or nonsectarian private shelter or is disqualified for available shelter on account of his or her willful conduct. (d) If the county is unable to provide shelter, and the person is unable to obtain private shelter, the homeless person shall be entitled to receive the aid payable to a 1 person family unit. (e) There shall be no reduction in aid, subject to the vendor/voucher payment provisions, for a homeless person who is willing to accept available county or private shelter if the only available shelter is in a geographic region of the county other than that in which the person normally resides. For purposes of this paragraph, central and east county are viewed as one geographic region. (f) No person whose mental, emotional, or medical condition makes them inappropriate for shelter placement shall be referred to a shelter bed. (g) Homeless eligible shelter residents who move to a confirmed housing unit shall receive the unused balance of shelter and food payments for that month. 107. Method of Payment The Social Service Department may substitute in-kind assistance, vendor payments or vouchers for any cash grant or allowance provided hereunder at the discretion of the Social Service Director. Contact Person: Jewel Mansapit (Social Service Department) 313-1601 c c: Auditor/Controller I hereby certify that this Is a true and correct copy of County Counsel an action taken and entered on the minutes of the Board of Supe re on the d to shown. Health Services � ATTESTED: PHIL 8A HEL R,Clerk of o upervison County mtnistrator By - }beauty RESOLUTION N0. 95/383 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 by the following vote: AYES: See below for votes on sections NOES: ABSENT: ABSTAIN: SUBJECT: Standards for Administration of the RESOLUTION NO. 95/ 384 General Assistance Program The Contra Costa County Board of Supervisors RESOLVES that Board of Supervisors Resolution No. 91/606, as amended, is further amended as follows effective September 1, 1995: Part 1. Standards of Assistance 102. The general assistance standards of aid for applicants or recipients living alone or with specified relatives are established by budget units consisting of the following persons: (1) The General Assistance applicant or recipient; and (2) The following persons living with and related to the applicant or recipient by birth, marriage, or adoption: mother, father, brother, sister, daughter, son, grandmother, grandfather, aunt, uncle, niece, and nephew. (a) The standard of General Assistance aid for each person in a budget unit exceeding one shall be an amount equal to the multiple person budget unit standard divided by the number of persons in the budget unit. Any budget unit with five or more persons shall be considered as having four persons in the budget unit. 102.1 In the event any statutory enactment or court decision prevents the County from applying any of the provisions of section 102, to the extent that such provisions cannot be applied, the standard of aid for each person in the budget unit shall be the single person standard of aid reduced as follows: a) by fifteen (15%) percent if the person lives with one other person; b) by twenty (20%) percent if the person lives with two other persons; c) by twenty-five (25%) percent if the person lives with three or more other persons. Part 5. Budget Unit and Assistance Unit Limitations on Eligibility 501. The General Assistance budget unit consists of the General Assistance applicant or recipient and those household members who are related to him or her by birth, marriage or adoption (mother, father, brother, sister, son, daughter, grandmother, grandfather, aunt, uncle, niece, and nephew) except that minor children who are receiving OASDI survivors benefits are excluded. The assistance unit consists of those persons in the budget unit who are applying RESOLUTION NO. 95/ 384 for General Assistance, and their legally responsible relatives (spouse for spouse and parent for minor children). 502. The General Assistance assistance unit must meet the property and income limits as a group in order for any member of the assistance unit to be eligible for General Assistance. 503. N legally responsible persons receive categorical cash assistance, they are included in the budget unit, but their property and income is excluded in determining eligibility of the General Assistance applicant or recipient. The vote on Part 1 . , Section 102 and Part 5 , Sections 501 , 502 , and 503 is as follows: AYES: Supervisors DeSaulnier, Torlakson and Bishop NOES: Supervisors Rogers and Smith ABSENT: None Abstain: None The vote on Part 1 . , Section 102 . 1 is as follows : AYES: Supervisors Rogers , DeSaulnier, Torlakson and Bishop NOES: Supervisor Smith ABSENT: None ABSTAIN: None 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe Bora On#4 deft shown. ATTE8TED: CH PHIL BA C Clerk ot the Board SupeMand Cow ly Administrator 0 BY - - ,Deouty RESOLUTION NO. 95/ 3 8 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 by the following vote: AYES: Supervisors Rogers , DeSaulnier and Bishop NOES: Supervisors Smith and Torlakson ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Hearing ) RESOLUTION NUMBER 95/ 385 and Appeal Procedures ) The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolution No. 92/554, as amended by Resolution No. 94/92, which established standards for General Assistance Hearings and Appeals are hereby superseded and the following provisions are adopted pursuant to Welfare and Institutions Code Section 17001, effective October 1, 1995. Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date of proposed action which will reduce, suspend or terminate a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103. Hearings (a) All notices of action which involve discontinuance of aid and a period of ineligibility for failure or refusal to comply with program requirements will include notice of a pre-scheduled appeal hearing. (1) The hearing date, time and location will be included on the front of the notice of action. (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days from the date of the notice of action, and no later than the proposed effective date of the action. (3) A recipient who receives a notice less than five days before the scheduled hearing date shall receive a continuance of at least five days, upon request. Hearings may be continued otherwise in accordance with the Social Service Department Manual. Continuances pursuant to this section do not stay the noticed action, but aid shall be restored within one working day, in the event of a hearing decision favorable to the recipient. (b) All notices of action to deny an application, and all notices of action to reduce, suspend, or terminate a General Assistance grant, other than as provided in part 103 (a), may be appealed by the applicant or recipient's timely written request for a hearing. (1) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the notice of action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the RESOLUTION NO. 95/ 385 Page 1 date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient timely requests a hearing hereunder challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (c) Applicants or recipients may appeal the application to them of General Assistance program requirements by timely written request for a hearing, delivered to the Department within fourteen days of the action taken. Such appeals do not stay the action. The decisions of the Appeals Unit in such cases may be appealed by the applicant, recipient, or the Department, to the Social Service Director. 104. Actions implementing Board of Supervisors' changes in General Assistance grant levels are not appealable and hearing requests based thereon may be summarily denied. 105. Hearings, other than those automatically scheduled, will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least seven days in advance of the Hearing date. 106. The General Assistance Hearing Representative will present the Department's position at the hearing. (a) Prior to a hearing under section 103 (b) or (c), the representative will, and under section 103 (a) may, review the action in dispute. (b) In preparing for the presentation, if the Hearings Representative finds that the action is incorrect, the worker will be so advised. 107. If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manager or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3), the hearing will not be continued beyond the hearing date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: (a) hearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family, (e) other good reason (as approved by the Appeals Manager), which may include unavoidable inability to consult with a representative. 108. Decision In hearings under section 103 (a), a summary written decision shall be made on the hearing date, and copies delivered to the appellant and to the Department. As to other hearings, a written decision shall be mailed to the claimant within thirty days after the hearing record is closed, unless the Department extends the time in writing, for cause. RESOLUTION NO. 95/ 385 Page 2 Part 2 Appeals to the Social Service Director 201. The applicant, recipient or the Department may appeal an adverse hearing decision to the Social Service Director. 202. A written appeal must be filed with the Social Service Department within fourteen days after the decision has been delivered or mailed to the appellant. Absent evidence to the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Social Service Director will not stay the implementation of the hearing decision, and the appellant shall not be entitled to receive a General Assistance grant pending the appeal and/or the further hearing following the appeal. (b) The appeal will be scheduled to be heard within thirty days of the Department's receipt of the written appeal. The appellant shall be mailed or served written notice of the appeal hearing at least seven days before the appeal hearing. 203. The appeal hearing will be before the Social Service Director or the Director's designee. The designee shall be an Assistant Director or other management employee of the Social Service Department who does not work in the area of General Assistance, and who did not take part in the subject decision. 204. All written materials must be filed at least one week before the date set for the appeal hearing. 205. The Social Service Director or the Director's designee shall decide the appeal based on the record on appeal and testimony received by the Director or designee. This record shall include the hearing decision appealed from and all papers filed at said hearing. 206. The Social Service Director or designee shall make any required fact determinations based on the record. The parties may stipulate to an agreed set of facts. 207. Once the facts are determined, or there are no factual determinations required by the appeal, the Social Service Director or designee will consider any legal issues presented by the appeal. If possible, legal issues should be framed and submitted before the appeal hearing and shall be based on the hearing decision appealed from. (a) The parties may make legal arguments both in writing and orally before the Social Service Director or Director's designee. Legal issues may be immediately decided at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Social Service Director or designee may take the matter under submission until such advice is received. 208. The Social Service Director or the Director's designee may decide an appeal immediately after the appeal hearing or take the appeal under submission, in which case the appeal shall be decided within 30 days after submission unless the Director extends the time for decision for cause. The appeal decision shall be in writing. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Contact: Jewel Mansapit, Social Service, 313-1601 Board of Susora on th date shown. ATTESTED: PHIL B TC 'LOR,Cie of the Board 4ofuperviso d County d inistrator RESOLUTION NO. 95/_8 - a By ;Deouty TO: BOARD OF SUPERVISORS HS.01 ? Contra FR4'0: FAMILY AND HUMAN SERVICES COMMITTEE Costa n� DATE: August 4 1995 `' Count/ `�s `T � T'9 COUp'C� SUBJECT: PROPOSED CHANGES TO THE GENERAL ASSISTANCE PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE General Assistance Standards of Assistance for the Administration of the General Assistance Program which provide direct vendor payments to landlords or principal tenants as in-kind assistance in-lieu of cash assistance for General Assistance recipients and reduce monthly grant amounts accordingly as set forth in the attached Resolution [Attachment # 1] submitted to our Committee by the Social Service Department, with the following amendment to Section 103 (e): " 103. (e) There shall be no reduction in aid for a homeless person who is willing to accept available county or private shelter if the only available shelter is in a geographic region of the county other than that in which the person normally resides. For purposes of this Section, East County and Central County shall be considered a single geographic region of the county." 2. Subject to any subsequent action resulting from the closed session of the Board, as requested in Recommendation # 3 below, AGREE to amend General Assistance Standards for the Administration of the General Assistance Program as reflected in the attached Resolution [Attachment # 2] on shared housing submitted to our Committee by the Social Service Department, with the following amendments to Sections 102 and 501 CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARCOM ITTEE APPROVE T ARK DeSAULNIER J SIGNATURES 1995 ACTION OF BOARD ON ' APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAI . OF SUPERVISORS ON THE DATE SHOWN. County Administ or CC: ATTESTED Acting Soci ervice Director PHIL BATCHELOR,CLERK OF THE BOARD OF Healt rvices Director SUPERVISORS AND COUNTY ADMINISTRATOR P )c Health Director County Counsel BY DEPUTY HS.01 "102. The general assistance standards of aid for applicants or recipients living alone or with specified relatives are established by budget units consisting of the following persons: (1) The General Assistance applicant or recipient; and (2) The following persons living with and related to the applicant or recipient by birth, marriage, or adoption: mother, father, brother, sister, daughter, and son , , niece and nephew. (A) The standard of General Assistance aid for each person in a budget unit exceeding one shall be an amount equal to the multiple person budget unit standard divided by the number of persons in the budget unit. Any budget unit with five or more persons shall be considered as having four persons in the budget unit." "501. The General Assistance budget unit consists of the General Assistance applicant or recipient and those household members who are related to him or her by birth, marriage or adoption (mother, father, brother, sister, son, and daughter , grandmother, ), except that minor children who are receiving OASDI survivors benefits are excluded. The assistance unit consists of those persons in the budget unit who are applying for General Assistance, and their legally responsible relatives (spouse for spouse and parent for minor children)." 3. REQUEST that the Board discuss with the County Counsel in closed session the General Assistance Standards for the Administration of the General Assistance Program, in view of the threat of litigation raised by the Phil Bertenthal, Director of Litigation for the Legal Services Foundation. 4. APPROVE and AUTHORIZE the Health Services Director or his designee to execute on behalf of the County a contract with Shelter, Inc. for the operation of the Mt. View House Transitional Living Program for the period July 1, 1995 - August 31, 1995, in the amount of$62,901. 5. APPROVE and AUTHORIZE the Health Services Director or his designee to execute on behalf of the County a contract with,Shelter, Inc. for the operation of the North Concord and Richmond homeless shelters for the period July 1, 1995 - August 31, 1995, in the amount of$115,654.50. 6. DIRECT the Health Services Director to provide the Family and Human Services Committee on September 11, 1995, with copies of the following in regard to the contracts with Shelter, Inc. for Mt. View House and the North Concord and Richmond shelters: A. The revised Work Plans which are intended to be incorporated by reference into any contract for Mt. View House or the North Concord and Richmond shelters subsequent to August 31, 1995. B. The revised Admissions and Service Delivery Policies which are intended to be incorporated by reference into any contract for Mt. View House or the North Concord and Richmond shelters subsequent to August 31, 1995. C. Detailed information on the qualifications of employees working in the shelters. -2- HS.01 D. Detailed descriptions of how case management will be conducted in the future for shelter residents in order to eliminate any duplication in the provision of case management services by the Health Services Department, Social Services Department and Shelter, Inc. E. Copies of any other policies and procedures or written agreements which indicate the nature and scope of the program which will be operated at the three shelter facilities (Mt. View House, North Concord and Richmond) or which outline the rules under which individuals will be admitted to or excluded from any of these facilities. F. A timeline for what will be done and when it will be done in terms of accomplishing each element of the revision to the homeless services program for the County, including the completion of the Comprehensive Homeless Plan. 7. AUTHORIZE the Family and Human Services Committee to report to the Board of Supervisors on September 12, 1995, on the results of their meeting September 11, 1995, with the Health Services Director, Social Services Director and other parties regarding the terms of the contracts with Shelter, Inc. in order to insure that Shelter, Inc. does not unnecessarily sustain a cash flow problem due to a delay in the approval of their contract with the County. yl 8. DIRECT the Social Service Director to report to the Family and Human Services Committee on September 11, 1995, on how the Board of Supervisors' directives of July 25, 1995 regarding reserving a portion of the beds in the North Concord and Richmond shelters for General Assistance recipients will be implemented, how the availability of these beds will be made known to eligibility workers, and under what circumstances General Assistance grants will be adjusted if a General Assistance applicant or recipient accepts or refuses to accept an available shelter bed. 9. CLARIFY that it was the intent of the Board of Supervisors on August 1, 1995, to allocate $18,000 to Crisis Intervention under the Contra Costa County Emergency Shelter Grant Program for the 1995-96 fiscal year, for start-up and operating expenses for a toll-free countywide homeless hotline as recommended by the Community Development Director. 10. REQUEST Crisis Intervention and the Health Services Director to report to the Family and Human Services Committee on September 11, 1995, on the status of funding and implementation of the homeless hotline by Crisis Intervention. 11. In regard to the Resolution on General Assistance Hearing and Appeal Procedures: CONSIDER what action to take on the Resolution approved by the Board of Supervisors on August 1, 1995: A. Supervisor DeSaulnier recommends that the Board of Supervisors rescind its approval of the Resolution on August 1, 1995, and instead approve the original Resolution submitted by the Department. B. Supervisor Smith supports the Resolution as approved by the Board of Supervisors on August 1, 1995, and recommends that the Board of Supervisors take no further action on this item. -3- HS.01 C. The Acting Social Service Director requests that if the Board of Supervisors is not prepared to support recision of the Resolution adopted on August 1, 1995, and adoption of the Resolution recommended by the Department, that the Board of Supervisors simply rescind the Resolution adopted on August 1, 1995, and leave in effect the existing appeals and hearings policy as it existed prior to August 1, 1995. -4- NO RESOLUTIONS WERE ATTACHED TO THIS REPORT DATE: REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum befte addressing the(,�B,o//ardl. NAE: �J[� PHONE: �Z� -��!NAME: ADDRESS: g,-o /1,,/%/� CTIY: I am speaking formyself OR organization: dOa d-M�r �xAW,�5 A5-2-0�c Check one: (NAME OF ORGA'N[?imm,.1 I wish to speak on Agenda Item # ' 2 My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board toconsider: DATE: REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT) (2) Complete this form and place it in the box near the speakers' rostrum before addressing the Board NA.1�IE PHONE: ADDRESS: ��G� / CrrY: �9- I am speaking formyself OR organization: (NAME OF ORGAN17_MTIOX) Check I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) / Complete this form and place it in the box near the speakers' rostrum before addressing,;he Board NAME: PHONE: )-33 -,9�S'j� ADDRESS: �' - ®x �� gyf—e Cmt: I am speaking formyself OR organization: zas� Check one: NAME OF ORGANV-XTION) I wish to speak on Agenda Item # �- My comments will be: general x for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. SE L COUNTY ADMINISTRATION BUILDING '�_ CONTRA COSTA COUNTY 651 PINE STREET,ROOM 108A mm _:_" "S BOARD OF SUPERVISORS MARTINEZ,CA 94553-1293 �_ o (510)646-2080 FAX(510)646-1396 c�sr------ JEFFREY couJEFFREY V. SMITH SUPERVISORIAL DISTRICT TWO August 8, 1995 To: Jeff Smith From: Helen Freeman Subject: Monies Paid to Shelter, Inc. by the Housing Authority of Contra Costa County (per Patti Cross, Fiscal Agent of the Housing Authority) July 1992 - June 1993 538,231.80 July 1993 - June 1994 706,237.25 July 1994 - June 1995 963,074.45 2,207,543.50 COUNTY ADMINISTRATION BUILDING `/- CONTRA COSTA COUNTY 651 PINE STREET,ROOM 108A o BOARD OF SUPERVISORS MARTINEZ,CA 94553-1293 (510)646-2080 FAX(510)646-1396 Srd'cov- JEFFREY V. SMITH SUPERVISORIAL DISTRICT TWO August 4, 1995 To: Jeff Smith From: Helen Freeman Subject: Monies Paid to Shelter, Inc. Following are the amounts of money paid to Shelter, Inc., vendor #05015 since 2/12/92: 2/12/92 - 2/25/93 170,924.86 3/29/93 - 3/10/94 122,785.46 4/7/94 - 3/6/95 99,865.68 3/24/95 - 6/15/95 95,896.35 - 489,472.35 5,896.35 -489,472.35 This amount for the last three months is almost as much as the previous year. 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N O O O J O o 0 O th O O O o 0 0 0 0 0 N O N J N p 0 D O N N N N N N N N N N N N N N D Dg� n�.A �wut u, www n x \ >>>>>>>> D >>>>> D x x x x=x 2 x 2 x x MM x E D-!I vnnnnnnv nnnn n r < E v v v v v v E E o v O v v O � 10 � 10 1010 _ r to + D .n V r N U ---• 0OtJ�nl•�ir pD ---+•dVNW--.8 r 8,-4 IP OJ --•N- •POu W.-..+.r OVNOPOO_ra POP W In N OPP♦r♦d♦V♦VNO ♦W d♦N♦WdOdJNPPOOO Prvr L,O %-A U4 r vn 4,%.n NOo 00NWN I-n 0-4 vr'0-IJ n N O 000 W�i :. 00°001 o• W•JnrN • • • . • • OOrw 00JCl,P P N0„IJp IV W Z 000 W0100N00`LOo . 1 I I a I FFI 9+196, D-2 August 3, 1995 MEMBERS, BOARD OF SUPERVISORS ITEM D-2, A REPORT FROM THE FAMILY AND HUMAN SERVICES COMMITTEE ON THE GENERAL ASSISTANCE PROGRAM, IS NOT IN YOUR PACKET. THE COMMITTEE IS MEETING ON FRIDAY MORNING TO CONSIDER THIS ITEM. HOWEVER, THEIR REPORT WILL NOT BE AVAILABLE UNTIL MONDAY MORNING. WE UNDERSTAND THIS IS CONSISTENT WITH THE PROVISIONS OF THE BETTER GOVERNMENT ORDINANCE SINCE THE REFERRAL WAS ONLY MADE ON AUGUST 1 , 1995, THEREBY PERMITTING THE PAPERWORK TO BE SUBMITTED ON THE FOLLOWING MONDAY. WHAT IS ATTACHED ARE THE THREE GENERAL ASSISTANCE RESOLUTIONS AS WE UNDERSTAND THE BOARD APPROVED THEM ON AUGUST 1 , 1995. HOWEVER, WE ANTICIPATE THAT THE FAMILY AND HUMAN SERVICES COMMITTEE WILL HAVE ADDITIONAL RECOMMENDATIONS TO MAKE ON THESE RESOLUTIONS, AS WELL AS ON THE OTHER MATTERS WHICH WERE DISCUSSED AT THE BOARD MEETING LAST TUESDAY. CLAUDE L. VAN MARTER ASSISTANT COUNTY ADMINISTRATOR LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 To: Board of Supervisors From: Philip Bertenthal, Director of Litigation Re: Proposed Modifications of Draft Board Resolution "General Assistance Hearing and Appeals Procedures" Date: July 27, 1995 We propose the following changes in the proposed Board Resolution on GA hearings. We believe these changes are necessary to provide minimal due process standards when the automatic hearing procedure is put into place. The underlined material are additions to the Department's proposal. Bracketed material are proposed deletions. Part 1 Hearings 102. General Assistance recipients shall be given written notice, mailed at least 10 days, seventeen days in the case .of homeless recipients, prior to the effective date of proposed action which will reduce, suspend or terminate a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103 . Hearings (a) * �r (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days, seventeen days in the case of homeless recipients, from the date of the notice of action, and no later than the proposed effective date of action. (4) A recipient who does not appear at a pre-scheduled appeal hearing shall be given a new hearing date if a request for one is made within thirty days of the date the notice of action was mailed. The proposed action will not be stayed pending the new hearing date. (b) (1) The applicant or recipient must deliver or mail a written request for a hearing within thirty [fourteen] days of .the date the notice of action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient [timely requests) delivers or mails a written request for a hearing within fourteen days of the date the notice of action was mailed challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. 107. [If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manger or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3) , the hearing will not be continued beyond the hearing • date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: ] Hearings shall be postponed, once, for good cause. Subsequent bostponements and rescheduling defaulted hearings may be granted where good cause is shown. An initial request for a postponement for the purpose of obtaining legal counsel or to obtain evidence for the hearing shall be granted for at least a two week_period and without requiring verification. The following grounds shall be good cause for a postponement: (a) hearing is continued at request of the Social Services Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family (e) other good reason (as approved by the Appeals Manager) , which may include unavoidable inability to consult with a representative. r S: M1 J, THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 1, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Hearing ) RESOLUTION NUMBER 95/ and Appeal Procedures ) The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolution No. 92/554, as amended by Resolution No. 94/92, which established standards for General Assistance Hearings and Appeals are hereby superseded and the following provisions are adopted pursuant to Welfare and Institutions Code Section 17001, effective September 1, 1995. Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date of proposed action which will reduce, suspend or terminate a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103. Hearings (a) All notices of action which involve discontinuance of aid and a period of ineligibility for failure or refusal to comply with program requirements will include notice of a pre-scheduled appeal hearing. (1) The hearing date, time and location will be included on the front of the notice of action. (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days from the date of the notice of action, and no later than the proposed effective date of the action. (3) A recipient who receives a notice less than five days before the scheduled hearing date shall receive a continuance of at least five days, upon request. Hearings may be continued otherwise in accordance with the Social Service Department Manual. Continuances pursuant to this section do not stay the noticed action, but aid shall be restored within one working day, in the event of a hearing decision favorable to the recipient. (b) All notices of action to deny an application, and all notices of action to reduce, suspend, or terminate a General Assistance grant, other than as provided in part 103 (a), may be appealed by the applicant or recipient's timely written request for a hearing. (1) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the notice of action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the RESOLUTION NO. 95/ Page 1 i, date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient timely requests a hearing hereunder challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (c) Applicants or recipients may appeal the application to them of General Assistance program requirements by timely written request for a hearing, delivered to the Department within fourteen days of the action taken. Such appeals do not stay the action. The decisions of the Appeals Unit in such cases may be appealed by the applicant, recipient, or the Department, to the Social Service Director. 104. Actions implementing Board of Supervisors' changes in General Assistance grant levels are not appealable and hearing requests based thereon may be summarily denied. 105. Hearings, other than those automatically scheduled, will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least seven days in advance of the Hearing date. 106. The General Assistance Hearing Representative will present the Department's position at the hearing. (a) Prior to a hearing under section 103 (b) or (c), the representative will, and under section 103 (a) may, review the action in dispute. (b) In preparing for the presentation, if the Hearings Representative finds that the action is incorrect, the worker will be so advised. 107. If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manager or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3), the hearing will not be continued beyond the hearing date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: (a) hearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family, (e) other good reason (as approved by the Appeals Manager), which may include unavoidable inability to consult with a representative. 108. Decision In hearings under section 103 (a), a summary written decision shall be made on the hearing date, and copies delivered to the appellant and to the Department. As to other hearings, a written decision shall be mailed to the claimant within thirty days after the hearing record is closed, unless the Department extends the time in writing, for cause. RESOLUTION NO. 95/ Page 2 Part 2 Appeals to the Social Service Director 201. The applicant, recipient or the Department may appeal an adverse hearing decision to the Social Service Director. 202. A written appeal must be filed with the Social Service Department within fourteen days after the decision has been delivered or mailed to the apprellant. Absent evidence to the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Social Service Director will not stay the implementation of the hearing decision, and the appellant shall not be entitled to receive a General Assistance grant pending the appeal and/or the further hearing following the appeal. (b) The appeal will be scheduled to be heard within thirty days of the Department's receipt of the written appeal. The appellant shall be mailed or served written notice of the appeal hearing at least seven days before the appeal hearing. 203. The appeal hearing will be before the Social Service Director or the Director's designee. The designee shall be an Assistant Director or other management employee of the Social Service Department who does not work in the area of General Assistance, and who did not take part in the subject decision. 204. All written materials must be filed at least one week before the date set for the appeal hearing. 205. The Social Service Director or the Director's designee shall decide the appeal based on the record on appeal and testimony received by the Director or designee. This record shall include the hearing decision appealed from and all papers filed at said hearing. 206. The Social Service Director or designee shall make any required fact determinations based on the record. The parties may stipulate to an agreed set of facts. 207. Once the facts are determined, or there are no factual determinations required by the appeal, the Social Service Director or designee will consider any legal issues presented by the appeal. If possible, legal issues should be framed and submitted before the appeal hearing and shall be based on the hearing decision appealed from. (a) The parties may make legal arguments both in writing and orally before the Social Service Director or Director's designee. Legal issues may be immediately decided at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Social Service Director or designee may take the matter under submission until such advice is received. 208. The Social Service Director or the Director's designee may decide an appeal immediately after the appeal hearing or take the appeal under submission, in which case the appeal shall be decided within 30 days after submission unless the Director extends the time for decision for cause. The appeal decision shall be in writing. Contact: Jewel Mansapit, Social Service, 313-1601 RESOLUTION NO. 95/ Page 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 1, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUBJECT: Standards for Administration of the RESOLUTION NO. 951 General Assistance Program The Contra Costa County Board of Supervisors RESOLVES that Board of Supervisors Resolution No. 91/606, as amended, is further amended as follows, effective September 1, 1995: Part 1, Standards of Aid 103. The standard of aid for a person who is eligible for general assistance but is homeless shall be the standard for a 1 person assistance unit, which shall be administered as follows: (a) If the homeless person resides at a county shelter, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and basic transportation. (b) If the homeless person resides at a private shelter, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and basic transportation. (c) In consideration of the county's right to cooperation in administering its General Assistance Program and to compliance with the reasonable requirements of shelter residence, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and transportation if a homeless person declines to accept available county or nonsectarian private shelter or is disqualified for available shelter on account of his or her willful conduct. (d) If the county is unable to provide shelter, and the person is unable to obtain private shelter, the homeless person shall be entitled to receive the aid payable to a 1 person family unit. (e) There shall be no reduction in aid for a homeless person who is willing to accept available county or private shelter if the only available shelter is in a geographic region of the county other than that in which the person normally resides. (f) No person whose mental, emotional, or medical condition makes them inappropriate for shelter placement shall be referred to a shelter bed. (g) Homeless eligible shelter residents who move to a confirmed housing unit shall receive the unused balance of shelter and food payments for that month. 107. Method of Payment The Social Service Department may substitute in-kind assistance, vendor payments or vouchers for any cash grant or allowance provided hereunder at the discretion of the Social Service Director. Contact Person: Jewel Mansapit (Social Service Department) 313-1601 RESOLUTION NO. 95/ } THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 1, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUBJECT: Standards for Administration of the RESOLUTION NO. 95/ General Assistance Program The Contra Costa County Board of Supervisors RESOLVES that Board of Supervisors Resolution No. 91/606, as amended, is further amended as follows effective September 1, 1995: Part 1. Standards of Assistance 102. The general assistance standards of aid for applicants or recipients living alone or with specified relatives are established by budget units consisting of the following persons: (1) The General Assistance applicant or recipient; and (2) The following persons living with and related to the applicant or recipient by birth, marriage, or adoption: mother, father, brother, sister, daughter, son, grandmother, grandfather, aunt, uncle, niece and nephew. (a) The standard of General Assistance aid for each person in a budget unit exceeding one shall be an amount equal to the multiple person budget unit standard divided by the number of persons in the budget unit. Any budget unit with five or more persons shall be considered as having four persons in the budget unit. Part 5. Budget Unit and Assistance Unit Limitations on Eligibility 501, The General Assistance budget unit consists of the General Assistance applicant or recipient and those household members who are related to him or her by birth, marriage or adoption (mother, father, brother, sister, son, daughter, grandmother, grandfather, aunt, uncle, niece and nephew), except that minor children who are receiving OASDI survivors benefits are excluded. The assistance unit consists of those persons in the budget unit who are applying for General Assistance, and their legally responsible relatives (spouse for spouse and parent for minor children). 502. The General Assistance assistance unit must meet the property and income limits as a group in order for any member of the assistance unit to be eligible for General Assistance. 503. If legally responsible persons receive categorical cash assistance, they are included in the budget unit, but their property and income is excluded in determining eligibility of the General Assistance applicant or recipient. RESOLUTION NO. 95/ Contact Person: Jewel Mansapit (Social Service Department) 313-1601 D. 2B TO: BOARD OF SUPERVISORS Contra FROM: Mark Finucane, Health Services Director Costa DATE: August . 8, 1995 County SUBJECT: Approval of Standard Contract #25-004 with Shelter, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION S. RECOMMENDED ACTION: i Approve and authorize the Health Services Director or his designee (Wendel Brunner, M.D. ) to execute, on behalf of the County, Standard Contract #25-004 with Shelter, Inc. , for the period from July 1, 1995 through August 31, 1995, with a payment limit of $115, 654 .50 for provision of emergency shelter services for the County's Homeless Services Program. II. FINANCIAL IMPACT: This Contract is funded by County funds. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Under a prior agreement with the Housing Authority of Contra Costa County, Shelter, Inc. , has been providing shelter and support services for homeless indigent individuals in Central County (Concord) and in West County (Richmond) . The Board of Supervisors recently transferred responsibility for this program to the Health Services Department. Approval of Standard Contract #25-004 will allow the Contractor to provide services for the County's Homeless Services Program under direction of the Health Services Department, through August 31, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON August 8 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X 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: Wendel Brunner, M.D. (313-6712) CC: Health Services (Contracts) ATTESTED August 8 , 1995 Risk Management Phil Batchelor,Cletk of the Board of Auditor-Controller Supen Ors and Count Administrator Contractor v M382/7-83 BY _ DEPUTY Coiitra Costa County Number 25-004 Standard Form 1/87 STANDARD CONTRACT Fund/Org #5736/37 (Purchase of Services) Account # 2310 I.',, Contract Identification. Other # Department: Health Services - Public Health Division _ Subject: Shelter Program for Homeless Single Adults 5 y. 12. 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: SHELTER, INC. Capacity: Non-profit corporation Taxpayer ID #Not applicable t Address: 1070 Concord Avenue, #200, Concord, California 94520 3. Term. The effective date of this Contract is July 1. 1995 and it terminates unless sooner terminated as provided herein. Payment Limit. County's totli payments to Contractor under this Contract shall not exceed 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. Proiect. This'Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Transitional Housing Project for the Homeless funded by the Federal Department of Housing and Urban Development (Project #CA39T90-1505) , and any extensions, revisions or modifications hereof. 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 ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator BBy 6ieeftf Des ignee Deputy CONTRACTOR n B A B y (Designate business capacity A) (Designate usi ess 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 Cade 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 25-004 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED l � By By D gn - APPROVED: COUNTY MINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) , before me, (insert na a We of the officer),personally a pear 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. S MY HAND AND OFFICIAL SEAL. (Seal) igna re AWoV4 EDGMFNr @y Corpmdon.Partmrahip,or fodividuat} (Civil Codd 41189) Jacci;e1ina D. Pigg Deputy County Clerk Contra Costa County, CA Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-004 1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for County under this Contract shall only be for costs that are allowable costs that are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subiect to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [X] d. (1) A one-time-only payment of5$ 7,827 payable upon demand on or after July 1, 1995; and (2) Monthly payments in an amount equal to Contractor's net allowable contract costs which are actually incurred by Contractor each month (i.e. , reimbursement in arrears for actual expenditures) , but subject to the Budget of Estimated Program Expenditures, which is incorporated herein by reference, as set forth in Service Plan Paragraph 4. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] [X] a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. j ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. [X] OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals) . Initials: ontractor County Dept. 1 Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-004 [ J 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals, [ J OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions). [ ] Appendix E Subpart Q Section 74,173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [ ] b. Such State regulations and documents as are set forth in the Contract regarding accounting guidelines, including standards for determining allowable or non-allowable costs. [ ] C. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval- of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a demand for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the payment limit of this Contract, County will Initials: C ntractor County Dept. 2 Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-004 remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the contract payment limit. If said cost report shows that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of the Contractor may be audited by the County, state, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement) , then Contractor shall pay to County within 30 days of. demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement) , then County agrees to pay to Contractor any such excess amount, provided that the payments made, together with any such excess payment, may not exceed the contract payment limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a .result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. 10. 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: 1: Cdntractor County Dept. 3 SERVICE PLAN Number-25-004 1. Scope of Services. During the term of this Contract, Contractor shall operate two (2) Homeless Shelter Programs for single homeless adults at the following locations: 2047C Arnold Industrial Way, Concord, and 845E Brookside Drive, Richmond. Contractor's programs shall be carried out as set forth in the Work Plan which is incorporated herein by reference, a copy of which is on file in the office of the County's Health Services Director, or his designee (Homeless Services Program Director) and a copy of which County has furnished to Contractor. Contractor shall make its Admissions and Service Delivery Policies, which are incorporated herein by reference, available to the public for inspection. 2. Reports. a. Progress Reports. Contractor shall submit to County's Health Services Director, or his designee, regular written progress reports, data collection reports and expenditure reports, in the time, form and manner required by County, b. Final Report. Contractor shall submit on or before December 15, 1995, to County's Health Services Director, or his designee, a written Final Activity Report which shall include, but not be limited to, an evaluation of the quantity, quality, and impact of the work undertaken in conducting services provided under this Contract. C. Evaluations and Other Data Collection Processes. County may include Contractor in the design, planning, and implementation of any evaluation or data collection process undertaken by County regarding Contractor's program operations and services. County's Public Health Division shall facilitate provision to Contractor of summary information and reports pertaining to Contractor's program activity and performance in as timely a manner as is feasible. 3. Right of Inspection. Upon County's request, Contractor shall make available to County's Health Services Director or his designee for review, all records and materials relevant to the documentation of services provided under this Contract. In addition, as requested by County, Contractor shall assist County's designated Contract Monitor in conducting site visits. 4. 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 County's Homeless Services Program. Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Homeless Services Program Director or her designee. Initials: Co tractor County Dept. 1 SERVICE PLAN Number 25-004 '5. Service Program Administration and Fiscal Management. Contractor shall administer the service program covered by this Contract as a separate organizational, administrative, and fiscal activity and shall keep this program separate and distinct from other activities. Contractor shall establish and maintain, a fiscal management system of cost center accounts so that funds provided by this Contract will not be co-mingled with or used in Contractor's activities which are not covered by this Contract. Initials: '! c(ontractor County Dept. 2 SPECIAL CONDITIONS Number 25-004 1. Third-Party Payment Liability. Contractor shall be solely responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract,including, but not limited, to any payments that Contractor may owe to contractors or other suppliers for goods and services received by Contractor in the operating, equipping, altering, remodeling, renovating, or repairing of Contractor's program and facilities established under this Contract. In no event shall County be responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract. 2. Maintenance of Effort. Contractor shall not use any funds provided by this Contract to supplant, substitute for, or otherwise replace any other funds that Contractor may have been expending or otherwise using to support Contractor's activities of any kind. 3. 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) . 4. 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 within two days to 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. The County reserves the right to require Contractor to transfer such property to another Homeless Services Program facility, or to return the property to County, as determined by the County to be appropriate. Initials: Contractor County Dept. SPECIAL CONDITIONS Number 25-004 5. 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: 2 C tractor County Dept. Contra Costa County Standard r'orm 1187 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 su-ch 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 1187 GENERAL CONDITIONS (Purchase of Services) S. 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. $. 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 V87 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. 3 Contra Costa County Standard Form 1187 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) certificates) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificates) of insurance. 4 C06tra cosxa P.ounty ►7.i...un.u i•U• I" 1/2S/ GENERAL CONDMONS (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-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. Copp fights 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. D. 2C TO: BOARD OF SUPERVISORS Contra FPd.OM: Mark Finucane, Health Services Director Costa DATE: August ' 8 , 1995 County SUBJECT: Approval of Standard Contract #25-005 with Shelter, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION ' I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Wendel Brunner, M.D. ) to execute, on behalf of the County, Standard Contract #25-005 with Shelter, Inc. , for the period from July 1, 1995 through August 31, 1995, with a payment limit of $62, 901, for provision of shelter and support services for the County's Homeless Services Program. II. FINANCIAL IMPACT: This Contract is funded by Federal HUD funds. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Under a prior agreement with the Housing Authority of Contra Costa County, Shelter, Inc. , has been operating the Mt. View House Supported Trans itional;Living Program to provide shelter and support services for homeless individuals and families in Central County. The Board of Supervisors recently transferred responsibility for this program to the Health Services Department. Approval of Standard Contract #25-005 will allow the Contractor to provide services for the County's Homeless Services Program under direction of the Health Services Department, through August 31, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON AUC[uSt 8 , 1995 APPROVED AS RECOMMENDED _X_ OTHER VOTE OF SUPERVISORS X UNANIMOUS (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: Wendel Brunner , M.D. (313-6712) CC: Health Services (Contracts) ATTESTED August 8 , 1995 Risk Management Phil Batchelor,Clerk of the Board of Auditor-Controller $upertii [s and County Administrator Contractor a M362/7-83 BY ___- _, DEPUTY CiDlitra Costa C�junty Number 25-005 Standard Form 1/87 STANDARD CONTRACT Fund/Org #_ 5740 (Purchase of Services) Account # 1. Contract Identification. Other # Department: Health Services - Public Health Division Subject: Mt. View House Supported Transitional Living Program 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: SHELTER, INC. Capacity: Non-profit corporation Taxpayer ID #Not applicable Address: 1070 Concord Avenue, #200, Concord, California 94520 3. Term. The effective date of this Contract is July 1. 1995 and it terminates August 31. 1995 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed6S 2,901. 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: Transitional Housing Project for the Homeless funded by the Federal Department of Housing and Urban Development (Project #CA39T90-1505) , and any extensions, revisions or modifications hereof. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code,��03-on 26227. 10. Signatures. These signatures attest the panggreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Cle3k of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Gheirmen/Designee Deputy CONTRACTOR By— (Designate business capacity A) (Designate b siij)ess 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 25-005 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED L By By Desi _ I3et - APPROVED: COUNTY ADMINISTRATOR By: Destgn ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) r 7 G before me, (insert nam a of the officer) -personally,al r l 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 OFFICr SEAL. (Seal) Si a re ACKNOM-EDGMENT(by Corporation, Avmomhip,or Individual) (Civil Cade 11189) Jacque0ne J. No Deputy County Cierk Contra Costs County, CA Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-005 1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for County under this Contract shall only be for costs that are allowable costs that are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments as Provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [X] d. Monthly payments in an amount equal to Contractor's net allowable contract costs which are actually incurred by Contractor each month (i.e. , reimbursement in arrears for actual expenditures) , but subject to the Budget of Estimated Program Expenditures, which is incorporated herein by reference, as set forth in Service Plan Paragraph 4. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] [X] a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. [ ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. [X] OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals) . [ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. Initials: Contractor County Dept. 1 Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-005 [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit 'institutions) . [ ] Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. [ ] b. Such State regulations and documents as are set forth in the Contract regarding accounting guidelines, including standards for determining allowable or non-allowable costs. [ ] C. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a demand for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently, itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the payment limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the contract payment limit. If said cost report shows that the payments made by County exceed the allowable costs that have Initials: y Wu C#ntractor County Dept. 2 Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 25-005 actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of the Contractor may be audited by the County, state, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement) , then Contractor shall pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement) , then County agrees to pay to Contractor any such excess amount, provided that the payments made, together with any such excess payment,- may not exceed the contract payment limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to. the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. 10. 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: A nt� County Dept. t. 3 SERVICE PLAN Number-25-005 1. Scope of Services. During the term of this Contract, Contractor shall provide Supported Transitional Living Program services for homeless families and homeless single women at the Mt. View House, located at 1391 Shell Avenue, Martinez. Contractor's program shall be carried out as set forth in the Work Plan which is incorporated herein by reference, a copy of which is on file in the office of the County's Health Services Director, or his designee (Homeless Services Program Director) and a copy of which County has furnished to Contractor. Contractor shall make its Admissions and Service Delivery Policies, which are incorporated herein by reference, available to the public for inspection. 2. Reports. a. Progress Reports. Contractor shall submit to County's Health Services Director, or his designee, regular written progress reports, data collection reports and expenditure reports, in the time, form and manner -required by County. b. Final Report. Contractor shall submit on or before October 15, 1995, to County's Health Services Director, or his designee, a written Final Activity Report which shall include, but not be limited to, an evaluation of the quantity, quality, and impact of the work undertaken in conducting services provided under this Contract. C. Evaluations and Other Data Collection Processes. County may include Contractor in the design, planning, and implementation of any evaluation or data collection process undertaken by County regarding Contractor's program operations and services. County's Public Health Division shall facilitate provision to Contractor of summary information and reports pertaining to Contractor's program activity and performance in as timely a manner as is feasible. 3. Right of Inspection. Upon County's request, Contractor shall make available to County's Health Services Director or his designee for review, all records and materials relevant to the documentation of services provided under this Contract. In addition, as requested by County, Contractor shall assist County's designated Contract Monitor in conducting site visits. 4. 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 County's Homeless Services Program. Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Homeless Services Program Director or her designee. u Initials: J' W Co tractor County Dept. 1 SERVICE PLAN Number 25-005 5. Service Program Administration and Fiscal Management. Contractor shall administer the service program covered by this Contract as a separate organizational, administrative, and fiscal activity and shall keep this program separate and distinct from other activities. Contractor shall establish and maintain a fiscal management system of cost center accounts so that funds provided by this Contract will not be co-mingled with or used in Contractor's activities which are not covered by this Contract. Initials: I, Contractor County Dept. 2 SPECIAL CONDITIONS Number 25-005 1. Third-Party Payment Liability. Contractor shall be solely responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract,including, but not limited, to any payments that Contractor may owe to contractors or other suppliers for goods and services received by Contractor in the operating, equipping, altering, remodeling, renovating, or repairing of Contractor's program and facilities established under this Contract. In no event shall County be responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract. 2. Maintenance of Effort. Contractor shall not use any funds provided by this Contract to supplant, substitute for, or otherwise replace any other funds that Contractor may have been expending or otherwise using to support Contractor's activities of any kind. 3. 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) . 4. 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 within two days to 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. The County reserves the right to require Contractor to transfer such property to another Homeless Services Program facility, or to return the property to County, as determined by the County to be appropriate. Initials: Co tractor County Dept. SPECIAL CONDITIONS Number 25-005 5. 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: 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. Reporting ftuirements. 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 Conitra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) S. 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 Coots Costa County Standard Form 1/87 GENERAL CONDMONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. 3 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. 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(les) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. 4 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of 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-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. d 5