HomeMy WebLinkAboutMINUTES - 09121995 - C109 T& BOARD OF SUPERVISORS /
FROM: Mark Finucane, Health Services Director Contra
Costa
DATE: August 21, 1995 County
SUBJECT: Approval of Standard Contract #22-451-4 with
Staff Builders Services, Inc.
SPECIFIC REQ.UEST(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 #22-451-4 with Staff Builders Services, Inc. , in the amount
of $277, 200, for the period from July 1, 1995 through June 30, 1996,
to provide in-home health care to AIDS patients.
II. FINANCIAL IMPACT:
This Contract is funded by Federal Ryan White (Care Act, Title I) and
AIDS Medical .Waiver funds. No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On July 19, 1994 , the Board of Supervisors approved Standard Contract
#22-451-3 with Staff Builders Services, Inc. , to provide in-home
health care, including twenty-four (24) hour live-in attendant care,
to County-referred AIDS patients.
Approval of Standard Contract #22-451-4 will continue the Contractor's
services through June 30, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON L12 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: X ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN.
CCs Health Services (Contracts) ATTESTED
Risk Management Phil Bate elor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
Mee2/7-93 BY DEPUTY
r
Contra•Costa County Number 22-451-4
Standard Form 1/87 STANDARD CONTRACT Fund/Qrg #5836/38/37
(Purchase of Services) Account 4� 2310
1. Contract Identification. Other #
Department: Health Services - Public Health Division
Subject: Temporary Help Firm - In-Home Health Care for AIDS
Patients
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: STAFF BUILDERS SERVICES, INC.
Capacity: New York Corporation Taxpayer ID # 13-2594932
Address: 877 Ygnacio Valley Road, #209, Walnut Creek, California 94598
Mailing Address: 1981 Marcus Avenue, Lake Success, New York 11042
3. Term. The effective date of this Contract is July 1, 1995 and it terminates
June 30, 1996 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $277,200.
5. County's Obligations. County shall ma to the Contractor those payments described in
the Payment Provisions attached hereto ch are incorporated herein by reference,
subject to all the terms and conditions con 'ned or incorporated herein.
,;
6. Contractor's Obligations. Contractor shall provide _services►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 contain or incorporated herein.
7. General and Special Conditions. This Contract is subject to the Gen 1 Conditions and
Special Conditions (if a attached hereto, which are incorporated herein by
reference.
8. Proiect. This Contract implements in r in part the following described Project,
the application and approval documents of N ch are incorporated herein by reference:
Not applicable
9. Legal Authority. This Contract is entered into unde end subject to the following
legal authorities: California Government Code §§ 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1/95)
F[:7APPR70VALS/ACKNOWLEDGMENT=
Number 22-451-4
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDOMFNT(by Corporation. Part—hip,or Wividwi)
(Civil Cale§1189)
Contra. Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts) Number 22'.-451-4
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services , work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[X] d. As set forth in Paragraph 2. (Payment to Contractor) of the Service Plan, NOT
TO EXCEED the Contract Payment Limit of $277,200.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 22-451-4
1. Service Specifications. Upon request received by Contractor from County's AIDS Program
Case Manager (or his/her designee) , Contractor shall provide its employees, in the job
classifications listed in Paragraph 2. (Payment to Contractor) below, to do temporary work
for County in the homes of County-referred AIDS clients. Personnel providing services under
this Contract are not County employees. Contractor's employees shall provide services for
County's clients in accordance with County's Standard Agreements #29-391, 29-528 and 29-531
(and any modifications or renewals thereof) with the Office on AIDS, California Department
of Health Services, which are incorporated herein by reference and copies of which are on
file in the County's AIDS Program Office, as follows:
a. Intermittent Skilled Nursing Care. Skilled nursing care may be performed by a
Licensed Vocational Nurse or Registered Nurse and must be available 24 hours per day.
b. Attendant Care. Attendant care may be performed by a nursing assistant or home
health aide and must be available 24 hours per day.
C. Homemaker Services. Homemaker services shall include, but may not be limited to:
light housekeeping, laundry, and shopping.
d. Nutritional Counseling. Nutritional counseling must be performed by a Registered
Dietician.
e. Psychosocial Counseling. Psychosocial counseling services must be performed by
one of the following:
(1) a Licensed Clinical Social Worker (LCSW) ;
(2) an individual who has a Master's Degree in Social Work and would qualify
for licensure as an LCSW within two years of employment;
(3) an individual licensed by the State of California as a Marriage, Family,
Child Counselor or a clinical psychologist at the Ph.D. level;
(4) a nurse with a Master's Degree (Psychiatric Mental Health Nurse) ; or
(5) a nurse with a Bachelor's Degree with four years of supervised outpatient
experience in a community mental health program.
f. Physical Therapy. Physical therapy services must be performed by a licensed
Physical Therapist.
g. Occupational Therapy. Occupational therapy services must be performed by a
licensed Occupational Therapist.
2. Payment to Contractor. Contractor agrees to exhaust all other sources of payment,
including appropriate third-party payors before billing County for services. Contractor
shall submit to County copies of all its billings to patients and/or third-party payors,
specifying the number of hours by date and the total charges, and copies of any payments it
receives from private pay patients or third-party payors. After Contractor exhausts all
other sources of payment, County will pay Contractor the remaining fee amounts which
Contractor was unable to collect from such payment sources, as follows:
Initials:
Contractor County Dept.
1
SERVICE PLAN
Number 22-451-4
a. Hourly Billing Rates For Temporary Work.
JOB CLASSIFICATION Hourly Rate
Registered Nurse $28.55
Licensed Vocational Nurse $22.20
Home Health Aide (2 Hour Minimum) $12.59
Homemaker $ 7.45
Nutritional Counseling $33.48
Psychosocial Counseling $33.48
Physical Therapist $28.55
Occupational Therapist $28.55
For payment purposes, one "hour of temporary work" is herein defined as the provision of the
above described services, by one of Contractor's employees in one of the classes listed above
in the home of a County-referred client for one full hour. Portions of an hour of temporary
work spent by each paid Contractor's employee in providing services shall be reported in one-
half hour increments. Paragraph 2.b. , below notwithstanding, time spent in travel and other
such activities involving no service shall not be included.
b. Per Visit Payment. In addition, for each visit Contractor's employee makes to
a County-referred client, County will pay Contractor for an additional 3/4 hour, at the
hourly rates set forth above, for travel, charting/documentation, training and supervision
time associated with providing skilled nursing care, nutritional/psychosocial counseling, and
attendant care and homemaker services.
C. Short Notice Holiday, and Overtime Payments.
(1) Short Notice Reimbursement. In the event that County cancels its request
for Contractor's employee less than one and one-half hours before a shift is to begin, County
will reimburse Contractor for two hours of service, unless County is able to place
Contractor's employee elsewhere. In the event that, less than one and one-half hours before
a shift is to begin, Contractor notifies County that it is unable to provide one of its
employees which it had agreed in advance to provide, Contractor shall credit County for two
hours, unless Contractor furnishes a replacement employee.
(2) Holiday Compensation. County and Contractor each recognize the following
holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas Day. On these holidays, County will reimburse
Contractor for services rendered to County by Contractor's employees, at County's request,
at the rate of one and one-half times the Contractor's normal billing rate specified above.
For payment purposes, one holiday shift is one shift in which the majority of hours worked
by Contractor's employee fall on the actual calendar date of one of the recognized holidays.
County will not pay Contractor holiday compensation for services provided to clients enrolled
in the Medi-Cal Waiver Program.
Initials:
Contractor County Dept.
2
SERVICE PLAN
Number 22-451-A
(3) Overtime Compensation. County will reimburse Contractor for overtime
worked by Contractor's employees at County's request, at the rate of one and one-half times
the Contractor's normal billing rates specified above, for any work performed hereunder in
excess of eight hours per calendar day or in excess of forty hours per calendar week.
County will not pay Contractor overtime compensation for services provided to clients
enrolled in the Medi-Cal Waiver Program.
d. Live-in Attendant Care. County will pay Contractor $150 per shift for live-in
attendant care which is provided in the home of a County-referred client by one of
Contractor's Home Health Aides, or other classification approved in advance by County's AIDS
Program Case Manager (or her designee) , for any uninterrupted twenty-four (24) hour period.
e. Demands for Payment. Contractor's Demand Form (billing statement) must include
dates of service, type of service, hours of service, amount received from third-party payors,
and total amount due from County. Contractor shall mail Demand Forms to: Contra Costa
County AIDS Program, Health Services Department, 597 Center Avenue, Suite 200, Martinez,
California 94553.
In the event that County cannot, or will not, pay for services Contractor performs for
County's clients pursuant to this Contract, Contractor shall hold harmless both County's
clients and the State.
3. Standards. Contractor shall provide Registered Nurses who have had at least one year
current nursing experience within the last two years, or who have successfully completed a
Board of Registered Nurses Certified Nurse Refresher course within the last three months.
Licensed Vocational Nurses and Home Health Aides provided by Contractor shall have at least
six months of current nursing experience within the last year. Contractor shall comply with
all State and Federal regulations regarding provision of home health care services.
Contractor shall, upon written request from County, make available to authorized County
representatives its personnel files, policy and procedure manuals, health certificates,
licenses, and similar documents, including approved certifications for Medicare and Medi-Cal,
if applicable. Personnel and work standards of Contractor shall conform to the requirements
of County's Contract with the Office on AIDS, California State Department of Health Services.
4. Notification of Work Order. Contractor will be notified by a work order for temporary
help from County's AIDS Program Case Manager (or his/her designee) , who will explain the
duties and responsibilities of the job involved.
5. Time Cards-. Contractor shall supply time cards for its employees. Contractor is
responsible for approving the time cards which shall be subject to verification by County's
AIDS Program Director or his/her designee.
6. Replacement. In the event that County's AIDS Program Case Manager deems the
performance of a Contractor's employee unsatisfactory, County may request replacement of the
employee within the first four hours of work without charge. After the first four hours,
County may request a replacement at any time and County will pay Contractor for the hours
worked by its employee.
7. Reporting Requirements. Contractor shall submit to County's AIDS Program Case Manager,
in the time and manner required by County, the following data for each County-referred
client:
Initials:
Contractor County Dept.
3
SERVICE PLAN
Number 22-451-4
a. Initial and On-Going Home Evaluation Reports;
b. Skilled Nursing Care Reports;
C. Daily Attendant Care Reports (submitted on a bi-weekly basis) ;
d. Copies of all billings to third-party payors and (if applicable) copies of
payments received from private pay patients as set forth in Paragraph 2. (Payment to
Contractor) ;
e. Initial and ongoing Nutritional Counseling Reports;` and
f. Initial Psychosocial Counseling Reports.
Initials:
Contractor County Dept.
4
SPECIAL CONDITIONS
Number-22-451-4
1. Professional Liability Insurance. During the entire term of this Contract
and any extensions or modifications thereof, Contractor shall provide and keep
in effect a policy or policies of professional liability insurance with a minimum
coverage of $1,000,000 per incident/$3 ,000,000 annual aggregate for all damages
or losses because of errors, omissions or malpractice arising from the provision
of professional services under this Contract.
Contractor shall provide County with a certificate(s) of insurance evidencing its
professional liability insurance coverage specified above, no later than the
effective date of this Contract. If the Contractor should renew the insurance
policy(ies) or acquire either a new insurance policy(ies) or amend the coverage
afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
2. Employee Security. The Contractor shall provide worker's compensation
coverage and unemployment compensation coverage for its employees. Contractor
is not required to provide County with certificates of insurance evidencing
worker's compensation coverage or unemployment compensation coverage.
3. Endorsements. Contractor shall not in its capacity as a contractor with
Contra Costa County publicly endorse or oppose the use of any particular brand
name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not publicly
attribute qualities or lack of qualities to a particular brand name or commercial
product in the absence of a well-established and widely-accepted scientific basis
for such claims or without the prior approval of the Board of Supervisors. In
its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name
or commercial product, even if Contractor is not publicly endorsing a product,
as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa
County. Notwithstanding the foregoing, Contractor may express its views on
products to other contractors, the Board of Supervisors, County officers, or
others who may be authorized by the Board of Supervisors or by law to receive
such views.
Initials:
Contractor County Dept.
Contra Costa County Standard Form 1/87
GENERAL CONDMONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government,. the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government. .
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the,County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2
Contra Costa County Standard Form 1187
GENERAL CONDITIONS t
(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
Contras Costa County Standard Form 1/87
GENERAL CONDITIONS `
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction.
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
Cbntm 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. Coprjebts and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
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