HomeMy WebLinkAboutMINUTES - 01041994 - 1.62 ` r0: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts Administrat40 Costa
DATE: December 21, 1993 County
SUBJECT: Approval of Standard Contract #24-662-1 with
Mental Health Consumer Concerns, 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 #24-662 , with Mental Health
Consumer Concerns, Inc. , for the period from July 1, 1993 through June
30, 1994, in the amount of $57, 312, for patients' rights advocacy
services at certain private hospitals designated by County to provide
72-hour psychiatric detentions. This document includes a six-month
automatic extension through December 31, 1994 in the amount of
$28, 656.
II. FINANCIAL IMPACT:
This Contract is included in the Department's Fiscal Year 1993-94
Budget and is funded jointly by the County and private hospitals in
which the Contractor is providing services.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Pursuant to the Lanterman-Petris-Short Act (Division 5, §S 5000ff of
the Welfare and Institutions Code, the County is responsible for
designating certain facilities to provide involuntary 72-hour
psychiatric detentions and evaluation and involuntary intensive
treatment of persons who, as a result of a mental disorder, are a
danger to self and/or others or are gravely disabled. The State
mandates that patients so detained are entitled to patients' rights
advocacy services, including Certification Review (Doe vs. Gallinot)
Hearing services and Riese Capacity Hearing services.
For a number of years the County has contracted with Mental Health
Consumer Concerns, Inc. to provide mandated patients' rights advocacy
services, and under the provisions of Standard Contract #24-662-1, the
Contractor will provide such services for 5150 patients at Mt. Diablo
Medical Pavilion, CPC Walnut Creek Hospital and East Bay Hospital.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 0
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ION OF BOAR COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON January 4, 1994 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
O
Contact: Lorna Bastian (313-6411) F SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED January 4, 1994
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M392/7-e3 BY [�'• � DEPUTY
,Cbfitra, Costa County Number 24-662-1
`5tandJrd Form 1/87 STANDARD CONTRACT Fund/Oeg # 5942
(Purchase of Services) Account # 2320
Other #
1. Contract Identification.
Department: Health Services' - Mental Health Division
Subject: Patients' Rights Advocacy Program for Private Hospital Clients
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: MENTAL HEALTH CONSUMER CONCERNS, INC.
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 2500 Alhambra Avenue, Martinez, California 94553
3. Term. The effective date of this Contract is July 1. 1993 and it terminates
June 30, 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $57,312.
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:
County's current Performance Contract with the State Department of Mental Health, and
any modifications or revisions thereof, a copy of which is on file in the
administrative offices of the Department's Mental Health Division.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Welfare and Institutions Code, Division 5, Part 2, Sections
510Off, and Section 5600 et seq. (The Bronzan McCorquodale Act) ; California Code of
Regulations, Title 9, Subchapter 3, Section 523 et seq. and Title 22; and California
Government Code Sections 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Eatchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By
7t�;- /l /130r`'' By `72� 0191
Chairman/Designee Yeputy
CONTRACTOR
By
�(Designate business capacity A) (Designat b siness 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.
I .
'Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-662-1
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By (
Designee
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of � ti
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 representative(s) 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.
k.. Dated: I
[Notarial Seal]
Jacqueline ®. NO /Deputy County k
Deputy County Cleft
Contra Costa County, CA
-2-
,Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
IT (Fee Basis Contracts)
Number 24-662-1
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. $ 16.00 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.
cr 16
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Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-662-1
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.
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SERVICE PLAN
Number 24-662-1
1. Scope of Services. Contractor shall provide patients' rights advocacy services,
including Certification Review (Doe vs. Gallinot) Hearing services and Capacity Hearing
services, at certain hospitals designated by County to provide 72-hour psychiatric detentions
under the Lanterman-Petris-Short Act (LPS) . Contractor's services shall include
dissemination of information to patients and facility staff regarding patients' rights
statutes, and regulations; training of staff and patients regarding such rights; advocating
for patients when their rights have been violated; and monitoring and.reviewing the programs
of designated facilities for violations of patient rights and acting to remedy any violations
discovered. Contractor shall make its Service Delivery Policy, which is incorporated herein
by reference, available to the public for inspection.
2. Service Specifications. During the term of this Contract, Contractor shall maintain
and operate a Patients' Rights Program and provide staff to serve as Patients' Rights
Advocates at the following County-designated facilities: CPC Walnut Creek Hospital, 175 La
Casa Via, Walnut Creek, California; East Bay Hospital, 820 23rd Street, Richmond, California;
and Mt. Diablo Medical Pavilion, 2740 Grant Street, Concord, California. Contractor's
activities hereunder shall include, but may not be limited to, the following:
a. Patients' Rights Advocates . Contractor shall be responsible for providing,
training, and supervising Patients' Rights Advocates to handle complaints of mentally
disabled patients regarding abuse, unreasonable denial, or punitive withholding of a right
guaranteed under the California Code of Regulations Section 861 and to represent patients in
Certification Review Hearings, Capacity Hearings, and Clinical Reviews. A representative of
the Health Services Department's Mental Health Division shall participate in the screening,
interviewing and selection process of all prospective Patients' Rights Advocates. Following
completion of training, each trainee's job performance will be evaluated by a team comprised
of the County Mental Health Director's designee and the Contractor's staff which shall
determine whether the individual is qualified to perform the duties of a Patients' Rights
Advocate pursuant to California Code of Regulations Section 863.2. Individuals deemed to be
qualified will be referred to the Mental Health Director or his/her designee for final
approval and for designation and assignment as Patients' Rights Advocates.
b. Information and Monitoring Services. Contractor shall:
(1) Provide patients' rights posters and handbooks in the predominant languages
of the community which it shall ; post or give to patients upon admission to a designated
hospital;
(2) Monitor establishment and use by each designated facility of a procedure
for notifying incoming patients of their rights [W&I Code 5325 and California Code of
Regulations (CCR) Section 860] in a language, medium, or modality accessible to the patient
and report any violations to County's Mental Health Director or his/her designee. Such a
procedure shall include a notification form which shall be signed by the patient and
witnessed by a facility staff member;
(3) Monitor each designated facility to determine that it provides individuals
detained on 72-hour holds with the information required under W&I Code 5157, and that such
notification is properly documented; and report any violations to County's Mental Health
Director or his/her designee;
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SERVICE PLAN
Number 24-662-1
(4) Monitor each designated facility to determine whether each patient is also
given notification, in a language, medium or modality accessible to the patient, of other
relevant constitutional and statutory rights;
(5) Obtain the prior approval of County's Mental Health Director or his/her
designee of all written material for general distribution to all patients; and
(6) Ensure that the List of Rights for patients specified by the State
Department of Mental Health remains posted in all facilities where posting is required
pursuant to California Code of Regulations Section 860 and ensure that all incoming patients
are notified of these rights.
C. Advocacy Services. Contractor shall investigate complaints of patients or their
responsible relatives, other interested parties, or patients unable to register a complaint
because of their mental or physical disability, and, if necessary, act as Advocate for
patients. In performing these services, Contractor shall:
(1) Establish and maintain a 24-hour, 7-day-a-week telephone answering service.
(2) Take action to investigate as soon as possible (within two working days)
patients' complaints through an interview with patient, staff of the appropriate hospital,
and other interested parties;
(3) Refer to County's Mental Health Director or his/her designee all complaints
not resolved within five working days; and
(4) Refer to the Patients' Rights Specialist, State Department of Mental
Health, those cases or questions which cannot be resolved at the local level.
d. Reports. Contractor shall prepare and submit reports regarding Advocacy and
Patient's Rights monitoring activities as follows:
(1) Prepare and submit to County's Mental Health Director or his/her designee
written quarterly reports summarizing patients' rights activities by the 25th day of the
month following the close of each quarter;
(2) Meet with County's Mental Health Director or his/her designee on a
quarterly basis to review said report and to review changes in Patients' Rights laws,
regulations and policy; and
(3) Submit "Denial of Rights Report(s)" to the State Department of Mental
Health, as required by law, and copies of said reports to County's Mental Health Director or
his/her designee.
e. Training. As requested by County, Contractor shall provide training for staff
of the designated facilities.
f. Certification Review (Doe vs. Gallinot) Hearing Services. Contractor shall
represent at Gallinot Hearings those patients on 14-day holds. In performing this mandated
responsibility, Contractor shall:
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SERVICE PLAN
Number 24-662-1
(1) Notify patients who are involuntarily hospitalized at Mt. Diablo, CPC
Walnut Creek and East Bay Hospitals and who are gravely disabled or a danger to self or to
others, of their right to a probable cause hearing;
(2) As soon after the certification as possible, provide a meeting between its
patient advocacy staff and the patient who was certified to discuss the certification process
and to assist the patient in preparing for the certification review hearing or to answer
questions or otherwise assist the patient as is appropriate;
(3) Attend all probable cause hearings and represent the patient if requested
by the patient; and
(4) Participate in on-going training and consultation for the Hearing Officers
and LPS providers.
g. Riese Capacity Hearings Program. In operating the Capacity Hearings Program
hereunder, Contractor shall represent at Riese Hearings those patients on holds pursuant to
Welfare and Institutions Code Sections 5150 and 5250. In performing this mandated
responsibility, Contractor shall:
(1) Participate in the development of county-wide procedures to implement Riese
hearings, including development of a hearing schedule, and if so requested by County, assist
designated hospitals in developing their own procedures regarding Riese hearings.
(2) Notify patients who are involuntarily hospitalized at Mt. Diablo, CPC
Walnut Creek and East Bay Hospitals of their right to accept or refuse antipsychotic
medications.
(3) Monitor use by each facility of a procedure for providing patients with
oral and written information regarding antipsychotic medications, and alternatives to
medications.
(4) Provide representation to patients where a petition for a finding of
incompetency has been filed. In carrying out this responsibility:
(a) Immediately after the petition has been filed, Contractor shall
arrange for a meeting between its patient advocacy staff and the patient for whom the
petition has been filed, to discuss the Riese hearing process and to assist the patient in
preparing for the Riese hearing, or to answer questions, or otherwise assist the patient as
is appropriate; and
(b) Contractor shall attend all Riese hearings and represent the patient
as requested by the patient.
(5) Participate in on-going training and consultation for the Riese Hearing
Officers and LPS providers.
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SERVICE PLAN
'Number 24-662-1
3. Prohibition Against Treatment Activities. Contractor shall ensure that any person who
is working for Contractor (whether as paid staff or volunteer) shall not be involved in
performing diagnosis and treatment of mentally disordered persons in Contra Costa County
under this Contract.
4. Service Unit Definition. A unit of service, for reporting purposes, shall be defined
as the provision of services as described above by one (1) of Contractor's paid staff members
or volunteers for one (1) full hour.
5. Number of Service Units. During each 12-month fiscal year period under this Contract,
Contractor shall provide for County a maximum of 3.582 units of service as follows:
a. East Bay Hospital: 2,282 units of service
b. CPC Walnut Creek Hospital: 780 units of service
C. Mt. Diablo Medical Pavilion 520 units of service
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
Mental Health 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 Reports. Contractor shall prepare and submit to County such periodic
performance progress reports as may be required by County's Health Services Department
Director or his designee. No later than August 31st of each fiscal year period under this
Contract, or 60 days following the termination of 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 Mental Health Director, or his/her designee.
8. Service Program Administration and Fiscal Management. Contractor shall administer the
service programs covered by this Contract as separate organizational, administrative, and
fiscal activities and shall keep these programs separate and distinct from its 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.
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Contra Costa County . Standard Form 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 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.
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!' .Coutjra 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.Costa County -Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be,governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or. in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
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Contra Costa County -Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction,.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) 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 certificate(s) of
insurance.
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4;nt : 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 terms 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.
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