HomeMy WebLinkAboutMINUTES - 12071993 - 1.106 110,6
TO: ���,F,jD O� SUPERVISORS
FROM: Mar Flnucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: October 29, 1993 TV Courcy
SUBJECT: Approve Standard Contract #24-515.-5 with Bay Area Addiction)
Research and Treatment, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Standard Contract #24-515-5 with Bay Area
Addiction Research and Treatment, Inc. (BAART) , in the amount of
$45, 600, for the period from October 1, 1993 through June 30, 1994, to
provide AIDS/HIV education and pre- and post- HIV testing counseling
to methadone clients and their needle-sharing and/or sexual partners.
This contract includes an automatic contract extension through
September 30, 1994, in the amount of $15, 201.
II. FINANCIAL IMPACT:
This Contract is funded by Federal HIV/Set Aside funds allocated by
the State. No County funds are required.
III . REASONS FOR RECOMMENDATIONS/BACKGROUND:
On August 16, 1993 , the Department received a final allocation letter
from the State Department of Alcohol and Drug Programs releasing
Federal HIV/Set Aside funds to the County, to provide AIDS/HIV
counseling to methadone clients and their needle-sharing and/or sexual
partners.
Approval of Standard Contract #24-515-5 will allow the Contractor to
provide services to the County' s HIV/AIDS clients through June 30,
1994 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 77_� C/ �7 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: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Chuck Deutschman (313-6350) OF SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED � /� Z /-,
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-63 BY
- DEPUTY
,yob
Contia Costa County Number 24-5(5-5
Sta:idard Form 1/87 STANDARD CONTRACT Fund/Org # 5936
(Purchase of Services) Account # 2320
NOVATION
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Provision of HIV/AIDS and Other Communicable Disease (CD) Education and Pre-
and Post-HIV Testing Counseling to Methadone Clients and their Needle-Sharing
and/or Sexual Partners
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: BAY AREA ADDICTION RESEARCH AND TREATMENT, INC.
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 45 Franklin Street, 3rd Floor, San Francisco, California 94102
3. Term. The effective date of this Contract is October 1. 1993 and it terminates
June 30. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed4S 5.600.
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:
Current Contra Costa County Substance Abuse Services/Program Plan and Budget and any
modifications or revisions thereof.
9. Legal Authority. This Contract is entered into under and subject to the following legal
authorities: California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISO / of Supervisors and County Administrator
By /Qm // /lYjl/Q � By__ 1
Chairman/Designee epu
CONTRACTOR
By C� By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit and 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 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-515-5
APPROVALS
RECOMMENDED B EPARTMENT `�A FORM APPROVED
B s.�... _J B
Designee
i
i
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of C:eh+a- C 6&ja
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representatives) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a,
resolution of its board of directors.
Dated: C)C-46-.r cp9, J 9?3
[Notarial Seal]
�
E�iiabe►ii A. Spooner eutY County Clerk
dc;_uty County Clerk
Contra Costa Count ,"%A
-2-
Contra Cqsta County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-515-5
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only. ]
[ ] a. $ monthly, or
[R] b. $ 20.00 per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
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.
1
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-515-5
6. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded
by $100,000 or more in federal grant funds in any fiscal year from any source,
Contractor shall arrange for the audit to County in the time, form, and manner required
by the most current version of Office of Management and Budget Circular A-133 and by
County. Contractor is solely responsible for arranging for the conduct of the audit,
and for its cost, and County may withhold the estimated cost of the audit or 10 percent
of the contract amount, whichever is larger, or the final payment, from Contractor
until County receives the audit from Contractor.
Initials:
Contractor County Dept.
2
SERVICE PLAN
Number 24-515-5
1. Scope of Services. Contractor shall provide HIV/AIDS/Other Communicable Disease
(CD) education, testing and counseling to methadone maintenance and detoxification clients
and their needle-sharing and/or sexual partners who are willing to participate in program
activities, in accordance with current guidelines set forth by County's Public Health
Division. Contractor shall make its Admission Policy, which is incorporated herein by
reference, available to the public for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to
clients, or to other persons responsible for clients, shall approximate estimated actual cost
and shall be subject to the following legal authorities: Welfare and Institutions Code
Sections 5717 and 5718; California Code of Regulations, Title 9, Section 524; , and Health and
Safety Code, Chapter 4, Section 11991.5. Contractor shall utilize the guidelines and
procedures established by the State and County for determining client fees and payment
liability, including, but not limited to, the State's Audit Assistance Guide and Drug Program
Fiscal System Manual.
3. Service Specifications. Under this Contract, Contractor shall provide HIV/AIDS/CD
pre-testing education, risk-reduction strategies, testing, and counseling services at its
Richmond and Pittsburg methadone clinics. Contractor's activities shall include, but may not
limited to the following:
a. Providing methadone maintenance and detoxification clients with HIV/AIDS/CD
HIV pre-testing education, including information on Tuberculosis, Sexually Transmitted
Diseases and Hepatitis B;
b. Making voluntary, confidential HIV testing available to all program
clients, and their need-sharing and/or sexual partners, at any time after admission for
treatment;
C. Utilizing appropriately qualified staff to draw blood samples from clients
accepting voluntary HIV testing and submitting these samples to County's Public Health
Laboratory for HIV antibody testing;
d. Providing counseling to clients with regard to the results of HIV testing
and making appropriate medical and psychosocial referrals for support services;
e. Participating in the ongoing un-linked surveys to evaluate the HIV
seroprevalence, following protocols outlined by the County's AIDS Program Director, or her
designee;
f. Completing the required data gathering forms, in the time and manner
required by County, and submitting them to the AIDS Program Coordinator;
g. Providing monthly educational seminars, in a program approved in advance
by County's AIDS Program Director, or her designee, to clients on AIDS-related and other CD
issues at each clinic site and documenting seminar attendance;
h. Providing all staff with quarterly training sessions, and appropriate
updates, with regard to AIDS-related issues; and
Initials:
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Contractor County Dept.
1
SERVICE PLAN
Number 24-515-5
i. Participating and collaborating with the Communicable Disease and Substance
Abuse Task Force, and the Contra Costa HIV/AIDS Consortium.
4. Service Unit Definition. One unit of service, for payment purposes as set forth
in Payment Provisions Paragraph l.b. , shall be defined as follows:
a. Pre-test Unit of Service. One (1) individual pre-test unit of service is
defined as the provision of one (1) HIV/AIDS/CD counseling session, for a minimum of 15
minutes, by one (1) assigned qualified counselor, to one (1) client during one or more visits
by the client in a single day.
b. Post-test Unit of Service. One (1) individual post-test unit of service
is defined as the provision of one (1) HIV/AIDS/CD counseling session, for a minimum of 15
minutes, by one (1) assigned qualified counselor, to one (1) client during one or more visits
by the client in a single day.
C. Group Unit of Service. One (1) group unit of service shall be defined as
the provision of one (1) group counseling session, for a minimum of 45 minutes, to one (1)
client during one (1) or more group sessions in a single day. Group counseling sessions with
less than five (5) clients will not qualify as a "group" unit of service.
5. Number of Service Units. Contractor shall provide for County during the term of
this Contract not more than the number of service units set forth below:
Unit of Service Total-
Pre-test 900
Post-test 900
Group 480
TOTAL SERVICE UNITS 2,280
6. Program Objectives and Performance Evaluation. Contractor shall provide the
above program services so as to achieve the service program objectives set forth in the
Department's Contract Performance Plan for this Contract which is on file in the Department's
Substance Abuse Division and which is incorporated herein by reference. Contractor's
performance under this Contract shall be evaluated by County on the basis of:
a. The degree to which each specified service program objective was actually
achieved, and
b. The total number of service units that were actually provided by Contractor
hereunder.
7. Performance Revort. Contractor shall prepare and submit to County such periodic
performance progress reports as may be required by County's Health Services Director, or his
designee. No later than August 31, 1994, or 60 days following the termination o f this
Contract, whichever comes first, Contractor shall prepare and submit to County an Annual
Contract Performance Report, in the form and manner prescribed by County's Department
Director, or his designee.
Initials:
Contractor County Dept.
2
SERVICE PLAN
Number 24-515-5
8. Clearances for Physicians and Clinical Psychologists. Prior to hiring as an
employee (or otherwise procuring the services of or contracting with) any physician or
licensed psychologist to provide services under this Contract, Contractor shall make a formal
inquiry to the California State Board of Medical Quality Assurance (BMQA) pursuant to Section
805.5 of the California Business and Professions Code in order to determine whether or not
that person has been denied staff privileges, has been removed from a medical staff, or has
had his or her staff privileges or license restricted, suspended, or revoked, as provided by
Section 805 of the Business and Professions Code. Contractor shall make such inquiry
regarding any physician or licensed psychologist who is currently employed by or under
contract with Contractor, if Contractor has not yet made such inquiry. Should Contractor
obtain an adverse report from BMQA retarding any physician or psychologist and should
Contractor still desire to employ or contract with such person to provide services under this
Contract, Contractor shall notify County's Substance Abuse Division Director at least 15
working days subsequent to obtaining an adverse report on such a person and at least 15
working days prior to allowing such a person who is newly employed or retained to start work.
9. 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 other activities which are not covered by this Contract.
10. Maintenance of Effort. Contractor hereby assures and certifies that it will
maintain services, programs, and activity levels which existed prior to receipt of funds
under this Contract and that funds received under this Contract will supplement, not
supplant, pre-existing expenditures for prevention, treatment, and rehabilitation services.
11. Restriction On Use of Contract Funds. Funds received by Contractor under this
Contract may not be used for capital improvements; e.g. , purchase, construction, or permanent
improvements (other than minor remodeling) of any buildings or other facilities, nor for the
purchase of major medical equipment.
Initials:
Contractor County Dept.
3
SPECIAL CONDITIONS
Number-24-515-5
1. Cost Report. No later than August 15, 1994 or forty-five (45) days following
the termination of this Contract, whichever comes first, 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. The cost report is
required for information only and shall not be used by County to adjust payments made
to Contractor during the term of this Contract.
In accordance with Payment Provisions Paragraph 4. (Right to Withhold) , County may
withhold up to 100% of any Contract payment which is due and payable to Contractor
during the month of September hereunder, or of any Contract payment which is due and
payable to Contractor for the final month of the Contract if the Contract is
terminated, pending submission of the required cost report. Upon receipt of said cost
report, in a form and manner acceptable to the Health Services Director or his
designee, County shall release to Contractor any payment amount which has been
withheld by County.
2. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated by either party pursuant to Paragraph
5. (Termination) of the General Conditions prior to June 30, 1994, the term of this
Contract shall be automatically extended from June 30, 1994 through September 30,
1994, subject, nevertheless, to General Conditions Paragraph 5.c. (Cessation of
Funding) . During its extended term, this Contract is nevertheless subject to all the
terms and conditions applicable during its initial term, including but not limited
to General Conditions Paragraph 5. (Termination) , except as to payment for services
rendered during the extended term. The purpose of this automatic three-month
extension is to allow for continuation of services as specified in this Contract, to
avoid interruption of payment to Contractor, and to allow County time in which to
complete a novation or renewal contract for Contractor and County Board of Supervisors
approval, subject to the availability of State and Federal funds for the Contract
extension. As to any such three-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit)
of this contract, is increased by $15.201 and County's total payments to Contractor
for said three-month extension shall not exceed this three-month Payment Limit,
subject, nevertheless, to the aforesaid novation or renewal contract.
b. County shall pay Contractor in accordance with Payment Provisions
Paragraph l.b. , subject to the three-month Payment Limit specified above.
C. Contractor shall continue to provide services as set forth in the Service
Plan, subject to any amendments thereto; all service units (set forth in the Service
Plan and/or Special Conditions) shall be prorated for the three-month period.
d. In addition to the cost report specified in Paragraph 1. of these Special
conditions, Contractor shall also submit to County, not later than 60 days following
termination of this Contract as extended, an extension period cost report covering
the period of this three-month extension, subject to the three-month Payment Limit
specified above for the Contract extension period.
Initials: _
Contractor County Dept.
1
SPECIAL CONDITIONS
Number-24-515-5
e. This three-month contract extension shall be subject to any further
agreement (novation) which Contractor and County may enter into covering the provision
of services during the contract period immediately following the contract period
specified in Paragraph 3. (Term) , in accordance with Contra Costa County's current
revision of the project specified in Paragraph 8. (Project) .
5. Ownership and Disposition of Property and Equipment. Equipment and capital
expenditure items with a purchase price of 500 or more and a useful life of at least
one year shall be defined as nonexpendable property. Items with a purchase price of
less than 500 or a useful life of less than one year shall be defined as expendable
property. Subject to these definitions, the acquisition, utilization, and disposition
of expendable and nonexpendable property shall be determined in accordance with the
principles and statements set forth in Federal Management Circular FMC 74-7
(Attachment N) , a Federal General Services Administration publication dated September
13, 1974; references contained therein to the federal government, federal agencies
or "grantor" shall be construed to mean "County" and references to "grantee" shall
be construed to mean "Contractor." Upon termination of this Contract, or as otherwise
may be prescribed by County, Contractor shall account for and transfer to County all
remaining expendable and nonexpendable property (including supplies and equipment)
loaned by County for use by Contractor or acquired with Contract funds (excluding
items which are not fully depreciated or which are purchased with outside non-County
revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
6. Contract Close-Out. Contractor shall deliver, transfer, and relinquish to
County, in the time, place and manner prescribed by County at the termination of this
Contract, any and all remaining medical supplies (including but not limited to
methadone) , materials, office supplies, and expendable property (as defined in
Paragraph 5. of the Special Conditions) which were purchased by Contractor with funds
pursuant to this Contract.
7. Protection of Property and Equipment. Throughout the term of this Contract,
and any modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all
program property and equipment loaned by County for use by Contractor or acquired with
Contract funds.
b. Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment
in good working repair at all times.
C. Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment.
Contractor shall repair or replace all such items within 60 days with items of
comparable quality and value.
Initials:
Contractor County Dept.
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• SPECIAL CONDITIONS
Number 24-515-5
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.
8. 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.
9. 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) .
10. 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.
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Conti Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this .Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any 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.
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Contra Cgsta County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
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