HomeMy WebLinkAboutMINUTES - 01041994 - 1.65 TO: BOARD •OF SUPERVISORS IQ/
FROM: Mark Finucane, Health Services Director PIA_ Contra
By: Elizabeth A. Spooner, Contracts Administrator COStct
DATE: December 21, 1993 County
SUBJECT: Approval of Novation Contract #24-238-22 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, Novation Contract #24-238-22 with Mental Health
Consumer Concerns, Inc. , for the period from July 1, 1993 through June
30, 1994, with a payment limit of $113,831, for general advocacy and
training services, including Certification Review Hearing services.
This Contract includes a six-month automatic extension for the period
from June 30, 1994 through December 31, 1994 with a payment limit of
$56, 916.
II. FINANCIAL IMPACT:
This contract is included in the Health Services Department budget for
Fiscal Year 1993-94.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
This Contractor has been providing patient's rights advocacy and
training services, including Certification Review (Doe vs. Gallinot)
Hearing representation, for several years. Although this is a State-
mandated service under AB 3454, the State has not provided funding for
the Certification Review Hearing Services.
The Contractor has been providing these mental health program services
under an automatic six-month extension of the prior contract, and
Novation Contract #24-238-22 will replace that automatic extension.
CONTINUED ON ATTACHMENT: YES SIGNATURE: / /
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME A ION OF BOARD COMMITTEE APPROVE OTHER
SIGNATURE(S)
oanUdry T994
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Lorna Bastian (313-6411) January 4, 1994
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83 BY '�• �2-L-r , DEPUTY
ZV
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Cnntra ,Costa County Number 24-238-22 _
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5942
(Purchase of Services) Account # 2320
NOVATION CONTRACT Other #
1. Contract Identification.
Department: Health Services - Mental Health Division
Subject: Patients' Rights Program: (1) General Advocacy and Training Services, (2)
Certification Review Hearing Services, and (3) Riese Capacity Hearing
Services
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 $113,831.
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 Performance Contract with the State Department of Mental Health, a copy of
which is on file in the Office of the County's Mental Health Director.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Welfare and Institutions Code, Division 5, Part 2, Section 5600
et seq. (The Bronzan McCorquodale Act) ; California Code of Regulations, Title 9,
Subchapter 3, Section 523 et seq. (Community Mental Health Services) , 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: Phi-i Batchelor, Clark of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By B
Chairman/Designee D A uty
CONTRACTOR
By By P-
(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.
t " ,
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-238-22
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By B 62.
Designee
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
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: 6" ,)ol 1.-l�
[Notarial Seal]
rx�Z'
Jacputy Co t Pigg o a Deputy Count lerk
Deputy County Glerk
Contra Costa County,.CA.
-2-
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-238-22
1. Payment Basis. Subject to the Payment Limit and subject to the Budget of Estimated
Program Expenditures, which is attached hereto and incorporated herein by reference,
payments to the Contractor for all services provided for County under this Contract
shall only be for costs that are allowable costs that are actually incurred in the
performance of Contractor's obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and
subject to the Payment Limit of this Contract and subject to the Budget of Estimated
Program Expenditures, County will pay Contractor as full compensation for all services,
work, expenses or costs provided or incurred by Contractor:
[Check one alternative only]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred
each month, but subject to the "Budget of Estimated Program Expenditures"
included in the Service Plan.
[X] d. $ 13,003 monthly, on or after the first day of the months of July 1993
through December 1993; and
$ 5,968 monthly, on or after the first day of the months of January
1994 through May 1994; and
$ 5,973 monthly, on or after the first day of June 1994.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in
accordance with:
[Check applicable alternative]
[ ] a. Department of Health and Human Services Administration of Grants Federal
Regulations Title 45 Part 74 including any amendments thereto and the
applicable Subpart listed hereunder; and other documents specified in the
Service Plan regarding principles for determining and allocating the
allowable costs of providing the services; and any standards set forth in
the Service Plan for determining the allowability of selected items of
costs of providing the services.
[ ] Federal Management Circular A-87, including any amendments to
the circular published in the Federal Register by OMB is to be used
for determining allowable costs of activities conducted by state and
local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals) .
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
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PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-238-22
[ ] OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
[ J Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[X] b. Such State regulations and documents as are set forth in this Contract
regarding accounting guidelines, including standards for determining
allowable or non-allowable costs.
[ ] c. Part IV Department of Labor, Employment and Training administration, 20
CFR Part 674, Section 674.402 and any amendments thereto; and California
Department of Aging Title V Operations Handbook, 1987, Section 505.4 and.
any amendments thereto.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
6. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following. the
termination of this Contract, Contractor shall submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together
with any such excess amount, may not exceed the contract payment limit. If said cost
report shows that the payments made by County exceed the allowable costs that have
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-238-22
actually been incurred by Contractor under this Contract, Contractor shall remit any
such excess amount to County.
8. Audits. The records of the Contractor may be audited by the County, state, or United.
States government, in addition to any certified cost report or audit required by the
Service Plan. Any certified cost report or audit required by the Service Plan shall be
submitted to County by Contractor within such period of time as may be expressed by
applicable State or Federal regulations, policies or contracts, but in no event later
than 18 months from the termination date of this Contract. If such audit(s) show that
the payments made by County exceed the allowable costs that have actually been incurred
by Contractor under this Contract, including any adjustments made pursuant to Paragraph
7. (Cost Report and Settlement) , then Contractor shall pay to County within 30 days of
demand by County any such excess amount. If such audit(s) show that the allowable
costs that have actually been incurred by Contractor under this Contract exceed the
payments made by County, including any adjustments made pursuant to Paragraph 6. (Cost
Report and Settlement) , then County agrees to pay to Contractor any such excess amount,
provided that the payments made, together with any such excess payment, may not exceed
the contract payment limit.
9. A-133 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.
10. A-110 Audit. Contractor shall provide County with an annual audit by a Certified
Public Accountant or Public Accountant, verifying the cost reports submitted under the
Payment Provisions of this Contract. Said audit shall be performed in accordance with
generally accepted audit standards, including Federal OMB Circular A-110 which applies
to nonprofit organizations, and the "Standards for Audit of Governmental Organizations,
Programs, Activities, and Functions" (issued by the U.S. Comptroller General, 1972, 54
pp. ) . Payment Provisions Paragraph 8. (Audits) notwithstanding, Contractor shall
submit a separate annual fiscal period audit covering each fiscal year period ending
on June 30th under this Contract. Contractor shall submit such annual audit to County
no later than 120 days following the end of each 12-month fiscal year period hereunder.
11. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) ,
Paragraph 9. (A-133 Audit) , and Paragraph 10 (A-110) above, Contractor agrees to accept
responsibility for receiving, replying to, and/or complying with any audit exceptions
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PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-238-22
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.
12. State Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) of the Payment
Provisions, and subject to the attached Budget of Estimated Program Expenditures, the
allowability of Contractor's costs which have actually been incurred under this
Contract shall be determined in accordance with applicable State regulations,
including, but not limited to, the Cost Reporting/Data Collection Manual, Chapter II
(Accounting Standards and Guidelines) , including Short-Doyle Allowable/Unallowable
Costs, as issued by the State Department of Mental Health. Allowable costs shall not
include remodeling and/or equipment purchases as to any item which has a useful life
in excess of three years and/or a value in excess of $300 (or as otherwise may be
authorized by the State) , except that part of such costs which can reasonably be
charged to depreciation.
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-238-22
PRAT RIESE
SERVICES HEARINGS
A. GROSS PROGRAM BUDGET PROGRAM PROGRAM
1. COST REIMBURSEMENT CATEGORIES
a. DIRECT COSTS
(1) Personnel Salaries and Benefits* $115,294 $ 7,000
(2) Operating Expenses** 18,968 1,000
(3) Capital Exp. (Equip./Remodeling) :*** -0- -0-
b. INDIRECT COSTS (ALLOCATED) : -0- -0-
2. TOTAL GROSS ALLOWABLE PROGRAM COST $134,262 $ 8,000
B. MINUS TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES ($ 28.431) ($ -0-)
(To be collected and provided by Contractor)
C. NET ALLOWABLE FISCAL YEAR COST $105,831 8 000
D. TOTAL FISCAL YEAR PAYMENT LIMIT $113,831
* Including Workers Compensation Insurance
** Including liability insurance if not included in Indirect Costs
*** Subject to State limitations for equipment purchasing and remodeling
E. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Fiscal Year Payment Limit for each
Fiscal Year period under this Contract, subject to State guidelines, each cost category Subtotal
Amount set forth in Section I. above:
1. May vary within each program by up to 15% in any fiscal year without approval by
County; and
2. May-be changed in excess of 15% in any fiscal year provided, however. that Contractor
has obtained written authorization prior to May lst of that Fiscal Year from the
Department's Mental Health Director or his/her designee before implementing any such
budget changes.
F. PROGRAM BUDGET CHANGES. Subject to each Fiscal Year Payment Limit and subject to State
guidelines, Contractor may make changes in the total amounts set forth above for the Total
Gross Allowable Program Cost and the Total Projected Non-County Program Revenue, provided,
however, that Contractor has obtained written authorization prior to May lst of that Fiscal
Year period under this Contract from the Department's Mental Health Director or his/her
designee in accordance with Paragraph I. (Budget Report) below, before implementing arty
such budget changes. 0
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-238-22
G. SEPARATE PROGRAM PAYMENT LIMITS. Adjustments in County's total payments to Contractor, in
accordance with Payment Provisions Paragraph 7. (Cost Report and Settlement) shall be
limited to each Fiscal Year payment limit set forth above for each program; funds budgeted
above for one service program may not be transferred to or expended under any of the other
service programs.
H. AGENCY PROGRAM BUDGET. Contractor shall submit to County, for informational purposes upon
request, its total Corporation budget including: all program budgets, all revenue sources
and projected revenue amounts, all cost allocations, and line item breakdown of budget
categories to include salary levels listed by job classification as well as detailing of
operational and administrative expenses by cost center and listing numbers of staff
positions by job classification.
I. BUDGET REPORT. No later than April 28th of each fiscal year period under this Contract,
Contractor shall deliver a written Budget Report to the Department's Mental Health Director
or his/her designee stating whether or not the budgeted amounts set forth in this Budget
of Estimated Program Expenditures for the Ttoal Gross Allowable Program Cost and the Total
Projected Non-County Program Revenue for the respective fiscal year period hereunder
accurately reflect the actual cost for the service program. If any of these program budget
amounts needs to be changed, Contractor shall include in its Budget Report a complete copy
of the revised Budget of Estimated Program Expenditures, an explanation of the program
budget and revenue changes, and a request for prior written authorization to implement the
changes in accordance with Paragraph F. (Program Budget Changes) set forth in this Budget
of Estimated Program Expenditures, subject to Payment Provisions Paragraph 7. (Cost Report
and Settlement) .
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SERVICE PLAN
Number 24-238-22
1. Scope of Services. During the term of this Contract, Contractor shall maintain and
operate a Patients' Rights Program and provide staff to serve as Patient's Rights Advocates,
at the following facilities: Merrithew Memorial Hospital Inpatient Wards; Nierika House and
Nevin House Residential Programs, operated by Phoenix Programs, Inc; and County-designated
Residential Care Facilities. Contractor shall make its service delivery policy, which is
incorporated herein by reference, available to the public for inspection.
2. Service Specifications. Contractor's activities under this Contract 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 designatedfacility of a procedure
for notifying incoming patients/residents 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/resident 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;
(4) Monitor each designated facility to determine whether each patient/resident
is also given notification, in a language, medium or modality accessible to the
patient/resident, of other relevant constitutional and statutory rights;
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SERVICE PLAN
Number 24-238-22
(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/residents; and
(6) Ensure that the List of Rights for patients/residents 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/residents are notified of these rights.
C. Advocacy Services. Contractor shall investigate complaints of patients/residents
or their responsible relatives, other interested parties, or patients/residents unable to
register a complaint because of their mental or physical disability, and, if necessary, act.
as Advocate for patients/residents. 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'/residents' complaints through an interview with the patient/resident, staff of the
appropriate facility, 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 County-
selected staff.
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:
(1) Notify patients who are involuntarily hospitalized at Merrithew Merrithew
Memorial Hospital and who are gravely disabled or a danger to self or to others, of their
right to a probable cause hearing;
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SERVICE PLAN
Number 24-238-22
(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
the Hospital in developing procedures regarding Riese hearings.
(2) - Notify patients who are involuntarily hospitalized at Merrithew Memorial
Hospital of their right to accept or refuse antipsychotic medications.
(3) Monitor use by each facility of a procedure for providing
patients/residents 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.
h. Training and Community Development. Contractor shall:
(1) Provide training upon request for staff of acute care facilities,
transitional housing, residential treatment facilities, and residential care homes.
(2) Assist in training staff of facilities specified in California Code of
Regulations Section 860 regarding patients'/residents' rights;
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SERVICE PLAN
Number 24-238-22
(3) Act as local consultant, upon request, on Patients' Rights to any facility
or community organization and provide information and consultation to County's Mental Health.
Director or his/her designee on new laws and regulations regarding Patients' Rights.
(4) Attend all State-mandated training and other training necessary to assure
adequate knowledge on the part of the advocate(s) ;
(5) Participate in the following:
(a) Northern California Coalitions of Patients' Rights Advocates, and.
California Association of Mental Health Patients' Rights Advocates;
(b) Contra Costa County Mental Health Advisory Board, and its Adult
Program Review Committee, Children's Committee, and Patients' Rights Committee;
(c) Other community-consumer oriented groups;
(d) National Association of Rights Protection and Advocacy; and
(e) Contra Costa Network of Mental Health Clients; and
(f) Act as liaison to the Patients' Rights Specialist of the State
Department of Mental Health.
(6) Participate in educational activities that promote consumer involvement in.
developing and establishing service priorities and increasing service responsiveness to
clients' expressed needs.
3. Prohibition Against Treatment Activities. Contractor shall ensure that any person who
is working for Contractor (whether as paid staff or volunteers) shall not be involved in
performing diagnosis and treatment of mentally disordered persons in Contra Costa County
under this Contract.
4. Conflict of Interest. In addition to the requirements of General Conditions Paragraph
15, Contractor shall provide disclosure statements for each member of its governing Board and
each person serving as an advocate. Such disclosure shall indicate whether each such person
is employed by, has a financial interest in, or serves on any governing body of any mental
health facility monitored by Contractor under this Contract.
5. Service Unit Definition. A unit of service, for reporting purposes, shall be defined
as the provision of services as described above by one (1) paid staff member or volunteer for
one (1) full hour.
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SERVICE PLAN
Number 24-238-22
6. Number of Service Units. During each 12-month fiscal year period under this Contract,
Contractor shall provide for County not less than 3,971 units of service as follows:
a. General Advocacy and Training Services: 2,360 units of service,
b. Certification Review Hearing Services: 1,328 units of service, and
C. Administration of Self-Help Activities: 283 units of service.
7. Program Obiectives and Performance Evaluation. Contractor shall provide its 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 administrative offices,
of the Department's Substance Abuse and Mental Health Divisions 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.
8. 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 following the end 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 Performance Report, in
the form and manner prescribed by County's Department Director, or his designee, covering,
each 12-month fiscal year period ending June 30th under this Contract.
9. Use of County Office Space. County shall provide Contractor with free use of office
space located at County's Merrithew Memorial Hospital, sufficient to house Contractor's
entire staff and office furniture, for Contractor to use as its principle office in providing,
services under this Contract. County shall also provide Contractor with free use of phones,
office utilities (lights, water, gas, and electricity) , and photocopying equipment. County
and Contractor agree to the following conditions related to use of space at County's
Hospital:
a. Notification of Hospital Staff. County shall notify all Hospital staff of
Contractor's occupancy and shall establish procedures regarding the reception of Contractor's
clients and how they will be treated by Hospital staff.
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5 Contractor County Dept.
SERVICE PLAN
Number 24-238-22
b. Maintenance and Repairs.
(1) County shall keep and maintain the interior of the premises in good order,
condition and repair, including the interior surfaces of walls and ceilings, all glazing and.
glass, ballasts, lenses, fluorescent tubes and carpets.
(2) County shall keep the roof and exterior of the building in good order,
condition and repair and shall maintain the structural integrity of the building. County
shall repair and maintain the electrical, water, plumbing, heating, and ventilating and air-
conditioning systems and shall maintain the parking lot, landscaping, sprinkler system and.
exterior lighting system. County shall be responsible for the correction of any code
violations which may exist in the premises, provided County shall not be liable for
correction of code violations which arise out of and are directly related to Contractor's
occupancy or use of said premises.
(3) County shall provide custodial services for said premises.
(4) County shall not be responsible for repair or damage caused by abusive use
by Contractor.
C. Alterations. Contractor shall not make, or suffer to be made, any alterations
of the said premises, or any part thereof, without the written consent of County first had.
and obtained, and any additions to, or alterations of, the said premises, except movable
furniture .and trade fixtures, shall become at once a part of the realty and belong to County.
Contractor agrees that if any such alterations, changes or additions are to be made, same
shall not be commenced until two (2) days after receipt of the written consent of County
required by this paragraph, in order that County may post appropriate notices to avoid any
liability on account thereof. Contractor agrees to indemnify and save harmless County from
all liens, claims or demands arising out of any work performed, materials furnished or
obligations incurred by or for Contractor upon said premises during said term, and agrees not
to suffer any such lien or other lien to be created. Contractor shall not post signs on the
premises without written permission of County. Contractor shall remove such signs upon
termination of its use of said premises.
d. Safety and Security. Contractor shall comply with all safety regulations and
policies established by County for use of County premises. Contractor shall keep all office
doors and windows locked and secure when office facilities are not in use.
e. Waste. Quiet Conduct. Contractor shall not commit, or suffer to be committed,
any waste upon said premises, or any nuisance or other act or thing which may disturb the
quiet enjoyment or the use of the surrounding property.
f. Assignment or Sublease. Contractor shall not assign any portions of the
premises.
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6 Contractor County Dept.
SERVICE PLAN
Number 24-238-22
g. Inspection. The County reserves the right to enter the premises between the
hours of 9 a.m. and S p.m. , Monday through Friday or in an emergency situation and to employ,
the proper representative or contractor in order to see that the property is being reasonably
cared for, that no waste is being made, and that all things are done in the manner best.
calculated for the preservation of the property, and in full compliance with the terms and.
conditions of this Contract.
h. Termination Notice. County shall provide Contractor with 60-days advance written.
notice regarding termination of Contractor's use of the above-described office space and.
shall enter into negotiations with Contractor on the securing of new quarters, moving, rent.
and security deposits, phone installation and related expenses.
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7 Contractor County Dept.
SPECIAL CONDITIONS
Number 24-238-22
1. Novation. The parties having entered into a prior Contract #24-238-18, as amended by
Contract Amendment Agreement #24-238-19 and Administrative Amendment Agreement #24-238-20,
for the period from July 1, 1991 through June 30, 1993 (which contained provision for an
automatic six-month contract extension for the period from July 1, 1993 through December 31,
1993) , County and Contractor hereby agree to substitute this Contract #24-238-22 for the
aforesaid six-month automatic contract extension. Effective July 1, 1993, all contract
rights and obligations of the parties will be governed by this Contract #24-238-22.
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 December 31, 1994. During its extended
term, this contract is nevertheless subject to all the terms and conditions applicable during
its initial term, including but not limited to General Conditions Paragraph 5. (Termination) ,
except as to payment for services rendered during the extended term. The purpose of this
automatic six-month extension is to allow for continuation of services as specified in this
Contract, to avoid interruption of payment to Contractor, and to allow County time in which
to complete a novation or renewal contract for Contractor and County Board of Supervisors
approval. As to any such six-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this
Contract, is increased by $56,916 (the six-month Payment Limit) and County's total payments
to Contractor for said six-month extension shall not exceed this six-month Payment Limit,
subject, nevertheless, to the aforesaid novation or renewal contract.
b. County shall continue to pay Contractor in accordance with Payment Provisions as
set forth in .Paragraph 2. of the Payment Provisions, at the rate of $9,486 monthly, in
advance, for the months from July 1994 through December 1994, subject to the six-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) and line item budget amounts (set forth in the Budget of Estimated
Program Expenditures) shall be prorated for the six-month period.
d. In addition to the cost report specified in Paragraph 7. (Cost Report and
Settlement) of the Payment Provisions, as amended by these Special Conditions, Contractor
shall also submit to County, no later than 60 days following termination of this Contract as
extended, an extension period cost report covering the period of this six-month extension.
County and Contractor shall follow the cost report and settlement procedures specified in
above-referenced Paragraph 7. (Cost Report and Settlement) of the Payment Provisions, subject
to the six-month Payment Limit specified above for the contract extension period.
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Contractor County Dept.
1
SPECIAL CONDITIONS
Number 24-238-22
e. This six-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) .
3. Ownership and Disposition of Property and Equipment. Equipment and capital expenditure
items with a purchase price of 100 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 100 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.
4. Protection of Property and Equipment. Throughout the term of this Contract, and any
modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all program
property and equipment loaned by County for use by Contractor or acquired with Contract
funds.
b. Establish a property management control system to ensure adequate safeguards to
prevent loss, theft, or damage to property, and maintain all equipment in good working repair
at all times.
C. Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment. Contractor
shall repair or replace all such items within 60 days with items of comparable quality and
value.
d. Maintain accurate records of all equipment and other such property loaned by
County for use by Contractor or acquired with Contract funds, including property description,
identification numbers, acquisition date and cost, source, location, use, condition and
disposition.
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Contractor County Dept.
2
SPECIAL CONDITIONS
Number 24-238-22
S. 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.
6. 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) .
7. 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.
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Contractor County Dept.
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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 Goverrunent.
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(x)(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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Contra Costa Country Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sura
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.,
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject:
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for OperatingProcedures. 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 Reaulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest -under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract:
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction..
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds'as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
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Contra'Cmta County Standard Form 1/87
GENERAL CONDMONS
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacv 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 takes 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.
5