HomeMy WebLinkAboutMINUTES - 11071995 - C69 54_�) y C
TO: BOARD OF SUPERVISORS
FROM: Mark Finucane Health Services Director Contra
Costa
DATE: October 19,--1995 County Il}
y f
J
SUBJECT: /
Standard Contract #22-535 with PharmChem Laboratories, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION '
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Wendel Brunner, M.D. ) , or his designee, to execute on behalf of the
County, Standard Contract #22-535 with PharmChem Laboratories, Inc. ,
in the amount of $100, 000, for the period from November 1, 1995
through October 31, 1996, for provision of court-ordered drug testing
services for Social Services Department clients enrolled in the Family
Maintenance/Reunification Services Program.
II. FINANCIAL IMPACT:
Services are funded in the Social Services Department budget and
appropriate third-party payors.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
One of the conditions of the County' s Family Maintenance/Reunification
Services Program is that substance abusing parents stop using and
remain drug and alcohol free to ensure their children are either
returned to their homes, or not removed. Urine testing for the
presence of drugs/alcohol is ordered by the courts.
Through Interdepartmental Agreement #22-256, the Social Services
Department refers parents to the Health Services Department, Public
Health Division, for specimen collection. The specimens are then sent
to an outside laboratory for testing.
In the past, these drug/alcohol testing services have been provided
through purchase orders, however, the number of clients referred by
the courts for testing has increased. Approval of Standard Contract
#22-535 will allow the Contractor to continue to provide drug testing
services through October 31, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED q 9 Ism
Risk Management Phil Batchelor,Cleric of the Board f
Auditor-Controller Supertiisorsan CcuntyAdminis!otor
Contractor
M382/7-83 RY
Contra .Costa County Number 22-535
Standard Form 1/87 STANDARD CONTRACT Fund/Org # as coded
(Purchase of Services) Account # 2861
1. Contract Identification. Other #
Department: Health Services - Public Health Division
Subject: Outside Laboratory Services for County's Family Maintenance and
Reunification Services Program
,2. Parties. The County of Contra Costa, California (County) , for its Department named
above', and the following named Contractor mutually agree and promise as follows:
Contractor: PHARMCHEM LABORATORIES, INC.
Capacity: Corporation Taxpayer ID #77-0187280
Address: 1505A O'Brien Drive enlo Park, California 94025
3. Term. The effective da is Contract is November 1, 1995 and it
terminates October unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $100,000.
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 SRecial 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:
NOT APPLICABLE
9. Legal Authority. This Contract is entered into er and subject to the following
legal authorities: California Government 01�Nn 3100.0.
Si natures. These si a atte thagreement hereto•
10. g signatures attest
COUNTY OF CONTRA COSTA. CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A mast 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.
r
T'
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 22-535
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COU7 COUNSEL
By By—]
�.
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation, Partnership,or Individual)
(Civil Code;1189)
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 22-535
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. ]
[ J a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[R] d. (1) The unit price for performing tests, at the request of County, as set
forth on page seven of Contractor's proposal (dated July 18, 1994) , which is
attached hereto and incorporated in this Contract; and
(2) $75.00 for each litigation support package, at the request of County, as
specified in Paragraph 7. (Litigation Support and Expert Witness Testimony) of
the Service Plan.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph. 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials:
Contractor County Dept.
SERVICE PLAN
Number - 22-535
1. Scope of Services. Upon request by County, Contractor shall perform laboratory
and support services necessary to provide court-ordered drug testing for County's Family
Maintenance and Reunification Services Program, in accordance with Contractor's proposal
dated July 18, 1994 (Attachment, consisting of eight pages) , which is attached hereto and
incorporated in this Contract, and Interdepartmental Agreement #22-256-6 between the County's
Health Services and Social Services Departments, and any modifications or renewals thereof,
which is incorporated herein by reference, a copy of which is on file in the Public Health
Division offices, located at 597 Center Avenue, Suite 200, Martinez, California.
2. Qualifications and Licensure. For the entire term of this Contract, Contractor
shall maintain all of the following:
a. All equipment and facilities necessary to perform the services required by
the terms of this Contract;
b. A California State-licensed and Medicare-approved laboratory;
C. All the qualification necessary to provide the specialized testing required
under the terms of this Contract.
Contractor shall comply with the licensing and certification requirements of the
Clinical Laboratory Improvement Act of 1967, as amended, the Medicare and Medicaid programs,
as amended, and any applicable state statutes and regulations, as amended. Contractor
further agrees to provide verification of such licensure, as requested from time to time by
County. Contractor shall keep said licenses in full effect during the entire term of this
Contract.
3. Supplies. Contractor shall provide County, at no charge, a reasonable amount of
supplies for the collection and submission of specimens to Contractor.
4. Training. Upon request by County, Contractor shall provide training to County's
staff in the proper handling and maintenance of specimens, and Contractor's pick up
procedures.
5. Pick-Up Service. Contractor shall arrange for courier pick up of specimens once
daily, Monday through Friday, excluding County holidays, at County Public Health Clinics in
Richmond, Pittsburg and Concord, at the following locations (or at other addresses as may be
designated by County) :
(1) Richmond: 39th and Bissell Avenue, Richmond, California
(2) Pittsburg: 500 School Street, Pittsburg, California
(3) Concord: 2355 Stanwell Circle, Concord, California
6. Result Reporting. Upon completion of testing, Contractor shall electronically
transmit test results, at times mutually acceptable to the parties, to facsimile (FAX)
machines designated by County, followed by Contractor's written report, in the time, form and
manner required by County.
7. Litigation Support and Expert Witness Testimony. Upon request by County,
Contractor shall provide a comprehensive litigation support package which meets all
applicable standards for forensically defensible drug test results and chain of custody
documentation. In addition, upon request-by County, Contractor shall provide a qualified
expert witness to testify to the validity and reliability of drug test results and chain of
custody.
Initials:
Contractor County Dept.
SPECIAL .CONDITIONS
Number 22-535
1. Professional Liability Insurance Coverage. In addition
to ' the insurance coverage requirements set forth in General
Conditions Paragraph 19 . (Insurance) , Contractor shall also provide
and keep in effect a policy or policies of professional liability
insurance (malpractice) with a minimum coverage limit of $1, 000, 000
per occurrence for all damages resulting from professional services
provided by Contractor under this Contract. Not later than the
effective date of this Contract, Contractor shall provide County
with a certificate(s) of insurance evidencing the above liability
insurance. Contractor shall provide County with new certificates
of insurance if there is any change in coverage.
2 . Endorsements. Contractor shall not in its capacity as a
contractor with Contra Costa County publicly endorse or oppose the
use of any particular brand name or commercial product without the
prior approval of the Board of Supervisors. In its County
contractor capacity, Contractor shall not publicly attribute
qualities or lack of qualities to a particular brand name or
commercial product in the absence of a well-established and widely-
accepted scientific basis for such claims or without the prior
approval of the Board of Supervisors. In its County contractor
capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a
particular brand name or commercial product, even if Contractor is
not publicly endorsing a product, as long as the Contractor's
presence in the advertisement can reasonably be interpreted as an
endorsement of the product by or on behalf of Contra Costa County.
Notwithstanding the foregoing, Contractor may express its views on
products to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of
Supervisors or by law to receive such views.
Initials:
Contractor County Dept.
ATTACHMENT
Proposal for Drug Testing Service
for Contra Costa County
Health Services Department
PREPARED BY PHARMCHEM LABORATORIES
JULY 18, 1994
ATTACHMENT
LABORATORIES, INC Number: 22-535
1505A O'Brien Drive'J Menlo Park.California 94025 J (415)328-6200 C Fax:(415)688-1122
July 18, 1994
Patty Christman
PH Clinic Services Nursing Supervisor
Contra Costa Co. Health Services Department
595 Center Avenue
Suite 120
Martinez, CA 94553
Dear Patty:
Thank you for taking time from your busy schedule to allow me the opportunity to
introduce PharmChem Laboratories and your request for pricing for drug testing
services for Contra Costa County. The proposal that follows will briefly summarize
PharmChem's qualifications to provide drug testing services, describe the advantages
of working with PharmChem, and conclude with the value of PharmChem's
comprehensive drug testing package.
Qualifications
PharmChem is the oldest and largest independent drug testing laboratory in the United
States. Currently, PharmChem analyzes nearly three million specimens each year for
a variety of clients that includes:
1 . Public and wivate employers, i.e. Fortune 500 companies including AT&T,
Safeway, Inc., Hewlett-Packard, Marriott Management Services, Sears, Roebuck
&Co., Allstate Insurance, Boeing Co., Pennzoil, Radio Shack, H.E. Butt Grocers,
and the U.S. Army.
2. Criminal iust tice agencies, such as Federal Probation, the Federal Bureau of
Prisons plus the Michigan and Oklahoma Department of Corrections, as well as
11 County Probations in the state of California and 18 in the state of Texas.
3. Drug treatment Programs, including numerous methadone and alcohol
detoxification programs.
As a result of providing drug testing services to this broad group, PharmChem has
much more experience than any other laboratory in defending drug testing results
which have been challenged in judicial or administrative proceedings. In more than
300 proceedings, PharmChem has never had one of its results overturned or a
challenge to its chain of custody upheld.
1
Number: 22-535
Qualifications (Continued)
PharmChem is one of only three laboratories in the U.S. certified by all three of the
national bodies that certify drug testing laboratories -- the Substance Abuse and
Mental Health Services Administration (SAMHSA), formerly the National Institute on
Drug Abuse (NIDA), the College of American Pathologists (CAP), and the Department
of Defense (DoD). PharmChem is certified or licensed by all state and local
jurisdictions in the U.S. that certify or license drug testing laboratories and we have
never had a license taken away or suspended.
PharmChem is much more than a laboratory with an unparalleled record of providing
forensically defensible drug testing results. PharmChem specializes in providing
comprehensive drug testing services tailored to each of our clients needs. The specific
services PharmChem proposes for Contra Costa County Health Services are:
Specimen Transportation/Lab turnaround
PharmChem will arrange for overnight delivery from your location to Menlo Park,
California. Specimens will be available for pick up by a licensed courier excluding
weekends and holidays, between 3:00-5:00 p.m. Specimens will be shipped to
PharmChem overnight.
EMIT Screening/GC/MS Confirmation
All specimens will be screened by Enzyme Multiplied Immunoassay Technique (EMIT).
Those specimens that screen positive in EMIT will undergo confirmation by Gas
Chromatography (GC). A brief description of these methodologies follows:
Initial Screening by Enzyme Multiplied Immunoassay Technique (EMIT)
In EMIT testing, reagents that are specific for the drug being tested are added to the
urine specimen. If no drug is present in the urine, there will be no change in the light
absorbing properties of the reagent. -If drug is present at a detectable level, however,
the reagents will react in concert with the drug to cause an increase in the amount of
light absorbed by the specimen. The increase in the amount of light is proportional to
the amount of drug present in the specimen.
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Number: 22-535
EMIT Screening/GC Confirmation (Continued)
Initial Screening by Enzyme Multiplied Immunoassay Technique (EMIT) (Continued)
Identification of positive and negative specimens is made by comparing the light
absorbed by the client specimen to the light absorbed by the reference standards.
(Reference standards are test samples to which a known amount of drug is added and
which is tested in the same run as the client specimens.) If the client's specimen
absorbs the same amount or more light than the positive reference standard is
positive. If the client's specimen absorbs less light than the positive reference
standard, the result of the drug is deemed negative. All data from the EMIT run are
sent to the laboratory certifying official for review and approval. After review of all
data to ensure that the result is correct, the certifying scientist will release the test
result to the County's authorized representatives.
Specimens which screen positive -in the EMIT test will be confirmed by GC. GC
analysis is regarded by toxicologists and legal experts as the most reliable and legally
defensible method of testing for drugs of abuse in urine. When the analysis is
conducted properly, there is less that one chance in a million that the drug identified
incorrectly or that any substance other than the drug itself is identified as the cause
of a positive test result.
In GC testing urine is processed chemically in order to extract and concentrate the
drug for which the specimen is screened positive. The concentrate that is produced
is injected into a gas chromatograph and its retention time in the gas chromatograph
is measured.
All specimens will be screened by Enzyme Multiplied-Immunoassay Technique (EMIT).
Those specimens that screen positive in EMIT will undergo confirmation by Gas
Chromatography (GC). A brief description of these methodologies follows:
At the end of the testing, identification of a drug is made by analyzing the results from
the gas chromatograph by comparing the results for the client specimen to results
obtained for reference standards that were extracted and processed identically to the
client specimen. If the client specimen has the same retention time as the positive
reference standard and if the concentration of drug in the client specimen exceeds the
cutoff concentration for being reported as positive, the specimen is deemed positive.
The positive result is sent to the Certifying Scientist for approval and for subsequent
reporting as a positive rest result. If the retention time of the client specimen is
different from the positive reference standard or if drug is below the cutoff
concentration for a positive result, the specimen is deemed negative and is sent to the
Certifying Scientist for approval and subsequent reporting as a negative test result.
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Number: 22-535
EMIT Screening/GC Confirmation (Continued)
PharmChem will report a test result as positive only if the result meets all laboratory
and client criteria for reporting and only if the confirmation test by Gas
Chromatography (GC) confirms the EMIT positive screening result. PharmChem will
report results only to the party or parties designated by Contra Costa County Health
Services.
Results Transmission
PharmChem offers the following mode of results transmission:
* Fax
PharmChem can transmit results _electronically 24 hours a day to a fax machine
located in a secure controlled access area. If the fax machine is in a area in which
24 hour a day receipt of transmissions are not possible, PharmChem will transmit at
a specific time that is mutually acceptable.
Statistical Reports
At the end of each month, PharmChem will submit a report of all test activity
completed for Contra Costa County Health Services The report will contain the
number of samples received from the submitting site, the number tested, the number
of specimens that screened positive but failed to confirm, the number of confirmed
positive by drug, and the number of samples that tested positive for multiple drugs.
Support Services
PharmChem has a staff of more than 30 Client Services Representatives and Client
Support Specialists. These individuals will be available to support all elements of the
drug testing services provided by PharmChem, they will monitor specimen
transportation to the laboratory, respond to inquiries regarding specimens during
testing, and manage transmission of-test results to the authorized representatives)
as specified.
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Number: 22-535
Litigation Support/Expert Witness Testimony
PharmChem will maintain all records of testing in secure storage for at least five years.
When requested, PharmChem will provide a comprehensive litigation support package
containing all the records and data necessary to defend the test results and chain of
custody for a particular specimen should they be challenged. PharmChem's litigation
support package has been developed based on many years of experience defending
drug test results and chain of custody in thousands,of administrative and judicial
proceedings. This package is nationally recognized as meeting or exceeding all
applicable standards for forensically defensible drug test results and chain of custody
documentation.
PharmChem will provide a qualified expert witness to testify to the validity and
reliability of a drug test result and chain of custody when required. PharmChem has
on its staff seven experienced expert witnesses who are available to provide such
testimony. All of PharmChem's expert witnesses have extensive experience in
testifying to the accuracy and reliability of test methods, test results, and chain of
custody.
References
PharmChem is pleased to offer the following references for its services. PharmChem
has performed testing for each of these organizations for more than two years and
tests in excess of 1,000 specimens per year for each group. Please call them for
further information on PharmChem.
A.C. Transit
J. David Peery
Program Director
1600 Franklin Street
Oakland, CA 94612
510-891-4807
Levi Strauss
Mary Davis
Program Director -
1 155 Battery Street
San Francisco, CA 94111
415-544-7226
Residence Inn by Marriott
Jim Birchfield
Program Director
1 Marriott Drive, Department 87480
Washington, D.C. 87480
301-380-3070
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Number: 22-535
Advantages of Working with PharmChem
1. PharmChem has the experience and expertise to customize a program to
Contra Costa County Health Services specific needs, which eliminates
needless expenses and directly lowers the cost of drug testing.
2. PharmChem offers quick resolution of problems or concerns. In fact 90% of
all questions, status of a result, location of a specimen, tracking, statistics,
legislative issues, and collection procedures can be answered promptly by a
simple telephone conversation.
3. PharmChem's team of experienced and dedicated drug testing professionals
will provide knowledgeable and thoughtful input during the transition period
plus implementation stages of Contra Costa County Health Services drug
testing program.
4. PharmChem's legal experience ensures the Contra Costa County Health
Services drug testing program is forensically strong and defensible.
Pricing
The comprehensive package for Contra Costa County Health Services includes:
1 . Personalized chain of custody documents sent to Contra Costa County Health
Services.
2. Specimen collection supplies delivered to Contra Costa County Health Services.
3. Specimen transportation by Courier from Contra Costa County Health Services
to PharmChem laboratory.
4. Screening by EMIT and confirmation if the specimen is positive by Gas
Chromotography (GC) of all specimens.
5. Confidential transmission of test results by an automated mode to a designated
Contra Costa County Health Services.
6
Number: 22-535
Pricing (Continued)
6. Monthly management and satistical analysis reports.
7. Expert witness testimony as needed.
PharmChem's price for these services is as follows:
$11 .00 per specimen
This price is on an estimated volume of 3600 specimens per year.
Additional Charges:
PharmChem charges for specimens submitted which cannot be tested because
of improper collections procedures.-This charge covers the costs incurred even though
testing cannot be conducted.
PharmChem charges $15.00 per specimen to conduct a complete retest of a
specimen, when requested, if the results confirm the results previously obtained.
There is no charge for a retest if the original results are not confirmed.
PharmChem charges $75.00 for litigation support packages containing all records and
necessary data to defend test results and chain of custody for a particular specimen.
PharmChem pledges to continue to give you the best service possible. I will call you
to review this proposal, or you may call me at 800-446-5177, ext. 205, should you
have any questions.
Sincerely,
Mary Davis
Sales Representative
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Number: 22-535
ROUTINE TESTING PANEL
FOR CONTRA COSTA COUNTY
SCREENING CONFIRMATION
SCREENING LEVELS CONFIRMATION CUTOFF
DRUG METHOD (na/ml) METHOD (ng/ml)
Full Screen
Alcohol EA .05ga GC .05ga
Amphetamines EMIT. 1000 GC 300
Amphetamine
Methamphetamine
Barbiturates
Amobarbital EMIT 300 GC 500
Butalbital
Pentobarbital
Phenobarbital
Secobarbital
Benzodiazepines EMIT 300 GC 200
Metabolite (s)
Cannabinoids EMIT 100 HPTLC 50
Cocaine EMIT 300 GC 300
Benzoylecgonine
Methadone EMIT 300 GC 300
Opiates EMIT 300 GC
Codeine 500
Hydromorphone 1000
Morphine 200
Phencyclidine EMIT 25 GC 200
EMIT - Enzyme Multiplied Immunoassay Technique
GC = Gas Chromatography
HPTLC = High Performance Thin Layer Chromatography
EA = Enzymatic Assay
ng/ml = nanograms/milliliter
Specimens are reported positive only when the initial test and the
indicated confirmation test (s) are positive.
8
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
Iimited to, Iicensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services-or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the-expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Contra Costa County Standard Form L87
GENERAL CONDITIONS
(Purchase of Services) .
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement.,This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2
Contra Costa County Standard Foran U87
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 1187
GENERAL CONDI'T'IONS
(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. Liabilitv Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury', sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
Contra Costa County Standard Form L$7
GENERAL CONDITIONS
(Purchase of Services) n
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any)-and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
5