HomeMy WebLinkAboutMINUTES - 10031995 - C28 TO: BOARD OF SUPERVISORS _� .' OU
FROM: Mark Finucane, Health Services Director Contra
10 Costa
DATE: September 21, 1995 County
SUBJECT: Approval of Agreements #28-555-1 and #28-575 with Regional Center
of the East Bay (RCEB)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
A. Approve and authorize the Health Services Director or his
designee (Wendel Brunner, M.D. ) to execute on behalf of the
County, Agreement #28-555-1 with Regional Center of the East Bay,,
for the period from November 1, 1995 through October 31, 1996, in
the amount of $248, 616, for an After School Program at the
County's George Miller Center West.
B. Approve and authorize the Health Services Director or his
designee (Wendel Brunner, M.D. ) to execute on behalf of the
County, Agreement #28-575 with Regional Center of the East Bay,
for the period from November 1, 1995 through October 31, 1996, in
the amount of $248, 616, for an After School Program at the
County's George Miller Center East.
II. FINANCIAL IMPACT:
The Regional Center of the East Bay/Department of Developmental
Services (RCEB/DDS) is awarding. Contra Costa County, for its Health
Services Department, a total of $497, 232 for After School Programs for
the George Miller Centers. There is no County cost for this Program;
the funding is 100% from the State Department of Developmental
Services.
The Department has negotiated with RCEB, an ongoing hourly rate of
reimbursement per child, which will cover 100% of the operating costs
for these Programs.
III. REASONS FOR RECOMMENDATIONS[BACRGROUND:
On June 14, 1994, the Board of Supervisors approved an agreement for
the initial phase of a new program component being developed and
implemented at the George Miller Centers, the After School -Program.
This program will provide additional learning opportunities for school
age children with special needs.
Approval of Agreements #28-555-1 and #28-575 with RCEB will allow the
Department to implement the After School Program at the George Miller
Centers for the 1995/96 school year.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) J
ACTION OF BOARD ON 5 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
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. (313-6712) �'±�
cc: Health Services (Contracts) ATTESTED )e_16 fie A_
Regional Center of the East Bay
Phil Batchelor,.Clerk of the Board of
Supe:IHI;i andCountyAdmit ffatu
M382/7-83 BY DEPUTY
Nt�her: 28 -w565
REGIONAL CENTER OF THE EAST BAY
AGREEMENT FOR
PROVIDING CHILD CARE SERVICES
GEORGE MILLER CENTER-EAST
The REGIONAL CENTER OF THE EAST BAY, located at 1212 Broadway, Suite 200,
Oakland, California 94612, hereinafter referred to as RCSB, and Contra Costa County, for
its George Miller Center, East, hereinafter referred to as Contractor, mutually
agree agree as follows:
1. SCOPE OF WORK
The Contractor shall furnish child care services for RCEB clients throughout RCEB's
service area or as may otherwise be authorized by RCSB. Service shall be provided on
such days, at such times as are agreed by both parties.
2. IMPLEMENTATION OF CONTRACT
The Contractor shall provide child care services to RCEB, commencing on November 1,
1995.
3. TERM OFAGREEMENT
The term of this Agreement shall commence on November 1, 1995, continuing until
October 31, 1996. Any holding over after the term of this contract shall be construed to
be a year to year agreement which would be subject to the terms of this contract,
specifically Section 9 hereof, unless otherwise adjusted mutually between both parties.
4. PERMITS AND LICENSES
The Contractor, his employees and agents shall secure and maintain throughout the entire
period of this Agreement, any and all valid permits and licenses as required by law for
the execution of services pursuant of this Agreement.
5. PUBLIC LLIBILITYAND PROPERTYDAMAGE
Contractor shall maintain public liability and property damage insurance, satisfactory to
RCEB, in the amount of One Million Dollars (S 1,000,000) combined single limit, which
shall be primary over any insurance carried by RCEB. Written Insurance Policies shall
include the following clause:
"This policy shall not be canceled or reduced in required limits of liability until
notice has been given to the Regional Center of the East Bay of such cancellation
or reduction. The date of cancellation or reduction shall not be less than thirty
(30) days after the notice is given."
Written Insurance Policies shall name the Regional Center of the East Bay as additional
insured. In addition, the policy shall state the extent of insurance, the locations and
operations to which insurance applies and the expiration date of the insurance. The
Number;
Contractor shall provide RCEB with a certified copy of the original of said policies
within fifteen (15) days of the execution of this Agreement.
If, at any time during the term of this Agreement, the insurance required pursuant of this
Section 5 is canceled or is otherwise not in force, Contractor shall immediately notify
RCEB and Contractor may not provide any further services thereunder. If at any time
Contractor has reason to believe insurance may be canceled, Contractor shall notify
RCEB immediately.
6. WORKERS'COMPENSATION INSURANCE
In accordance with the provisions of Section 3700 of the Labor Code of the State of
California, Contractor shall sign and file with RCEB the following statement prior to
performing services thereunder:
"I am aware of the provisions of Section 3700 of the Code which requires every
employer to be insured against liability for Workers' Compensation, or to
undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commencing the performance of the work
thereunder. "
The contractor shall be required to: (I) maintain the Workers' Compensation insurance at
all time during the term of this Agreement, (ii) provide RCSB with certificates of such
insurance, and (iii) provide that the insurer will give RCEB thirty (30) days notice of
cancellation or reduction. The date of cancellation or reduction shall not be less that
thirty(30) days after the notice is given.
7. HOLD MkVLESS AGREEMENT
The Contractor shall hold harmless and indemnify RCSB, its officers, agents and
employees from every claim or demand, except those caused by the gross negligence of
RCSB, made by reason of:
a) any injury to person or property sustained by the Contractor or by any person,
firm, corporation or other entity rendering any services under this Agreement on
behalf of the Contractor, either directly or indirectly, however caused:
b) any injury to person or property sustained by any person, firm, corporation or
other entity, caused by or resulting from any act, neglect, default, or omission of
the Contractor or of any_person, firm, corporation or other entity performing any
services in connection with this Agreement on behalf of the Contractor.
The Contractor at his own expense and risk, shall defend any action, legal proceeding, or
arbitration or other mediation proceeding, that may be brought against RCSB, its
officers, agents and employees on any such claim or demand as set forth in
Subparagraphs a. and b. above of this Paragraph 7 and pay and satisfy any settlement, or
any judgment which may be rendered against RCEB and/or against any of RCEB's
2
Number:
Z5 10, a7 I e7
officers, directors, agents or employees arising from any injuries described in this
Paragraph 7.
8. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, or subcontract any of its duties, burdens, or
obligations under this Agreement without express prior written permission of RCSB. If
RCEB approves, as Subcontractor shall comply with all obligations of this Agreement.
RCEB shall not be responsible for any payments of any kind directly to any
Subcontractor under any circumstances and shall not have any liability for any actions of
any Subcontractor.
9. TERMINATION
Either party may give 30 days prior written notice of its intention to terminate this
Agreement for any reason or cause whatsoever and at any time.
10. FORCE MAJEURE
a) The Contractor shall be excused from performance thereunder during the time
and to the extent that he is prevented from performing by acts of God, strike
and/or commandeering materials, products, plants or facilities by the government,
when evidence thereof is presented to RCSB.
b) RCEB reserves the right to assign the areas covered by this Agreement to another
Contractor, either in whole or in part, whenever the Contractor, is unable to
perform due to strike of Contractor's employees or such other conditions as are
specified in Subparagraph a. of the Section 11. In this event, the assignment will
cover the period in which the Contractor is unable to perform and will end when
the Contractor has presented satisfactory evidence to RCEB that he is able to
perform the work thereunder.
11. CLIENT SERVICE LEVELS
a) Provide normal and customary child care services for developmentally disabled school
age children'as defined by RCEB's Consumer Service Standards/Policy.
b) Serve up to an average of 28 children. It is mutually agreed that contractor may from
time to time have enrolled in its program a percentage of clients, not to exceed 25%,
which fall under.the extended day program criteria. Contractor shall make every attempt
to accomodate these clients to the extent that the client to staff ratio does not exceed the
criteria for extend day programs. Should circumstances occur which cause the average
number of children served to increase or decrease in excess of 10% over any 3 month
period of time, either party may request, in writing, an adjustment in the compensation
rates pursuant to section 15 of this contract.
Number:2 575
c) Maintain a staff to client ratio of 1 to 5.
d) Where appropriate,participate with the Interdisciplinary Team.
e) This program shall be designed such that it may provide services for clients who have
non-ambulatory status defined herein as requiring the use of a wheelchair for ambulation.
f) Submit to RCEB all Special Incident Reports as described in the California Code of
Regulations Title 17.
12. CONTRACTORS PERSONNEL
Contractor will abide by all licensing child care agency requirements by the State of
California to include by not limited to licensing requirements, education and training.
13. REPORTING REOUIREIKENTS
Various reports described below are regularly due to RCEB, along with the monthly
invoice or as may otherwise be stated.
Monthly invoice documentation shall be submitted in the format presented on
Attachment A or in a format of contractors choosing which shall include, but not be
limited to the following:
a) Client name
b) Client program
c) State service date (if within that month)
d) Stopped service date (if applicable)
e) Type of service
f) Days of the week client is receiving services(M,T,W,Th,F)
g) Hours of service each day
h) Total hours of service during month by each client
i) Parental share of cost authorized to be collected each month for each client
14. PA YMENT
RCEB shall pay Contractor for services thereunder, monthly in arrears, within fifteen days after
receipt of a properly documented invoice, as described. RCEB will pay $248,616.00 (two
hundred forty-eight thousand six hundred sixteen dollars) per annum, payable in 12 equal
payments for approximately 30,884 hours of service or an average of 2,574 hours of service each
month.
All parental share of cost collected by Contractor shall be reported to RCEB as described in
Section 13 thereunder and shall be deducted from the monthly payment to Contractor.
Contractor shall assume all responsibility for collection of parental share of costs. Contractor
4
Number:
shall exercise due diligence in collecting parental share of costs in arrears and may assess and
retain any late fees or collection charges considered usual and customary.
15. ADJUSTMENT OF RA TES
In the event a circumstance occurs which significantly affects the cost of services to the client,
either party may request, in writing, an adjustment in the compensation rates. Such
circumstances shall be defined as an increase or decrease in the total number of client hours in
excess of 10% of the base number of client service hours during any consecutive 3 month period
of time. After substantial o evidence of an operational cost increase or decrease has been
presented and analyzed, RCEB may make such adjustment as are deemed to be reasonable and
fair, as determined by RCEB, following procedures established by the Department of
Developmental Services, and the Contractor shall agree to be bound by such adjustments, if any.
The adjustment of rate shall be calculated based upon the 3 month average of client service
hours. In the event that the average increases or decreases by more than 10%, RCEB will adjust
the rate based upon the incremental difference in the average percentage over or under 10%.
The percentage difference shall be applied to the monthly compensation and adjusted
accordingly.
16. NON-DISCRMINA770tV
Contractor shall not deny the Agreement's benefits to any person on the basis of religion, color,
ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate
unlawfully against unlawfully against any employee or applicant for employment. Contractor
shall ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. Contractor shall comply with the provisions of the Fair Employment
and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated
thereunder (California-Administrative Code, Title 2, Section 12900 et seq.). The provisions of
Article 9.5, Chapter 1 (Government Code, Sections 11135-11139.5).
17. LEGAL EXPENSES
If any action or proceeding at law is commenced to enforce any provisions or rights under this
Agreement, the unsuccessful parry to such action or proceeding as determined by the court in a
final judgment or decree, shall pay the prevailing party(including, without limitation, such costs,
expenses and fees on any appeal), and if such prevailing party shall recover judgment if any such
action or proceeding, such costs, expenses and attorney's fees shall be included as part of such
judgment.
18. WAIVER
No waiver of a breach of any provision of this Agreement by RCEB shall constitute a waiver of
any other breach of any provision of this Agreement and shall not be construed as a waiver
thereof. The remedies herein reserved shall be cumulative and additional to any other remedies
in law or equity.
5
IYumi)er: ►.r v
19. MISCELLANEOUS PROVISIONS
The section headings in no way define, limit, extend or interpret the scope of this Agreement or
any particular paragraph, and the masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others whenever the context so indicates.
20. REGIONAL CENTER OBLIGATION
Payments by RCEB for services rendered by Contractor thereunder are subject to and dependent
upon sufficient funds being appropriated by the State during each of RCEB's fiscal years during
the term of this Agreement. It is anticipated that RCSB will receive sufficient appropriations for
the payments to be made in the current fiscal year. However, if sufficient funds for the next
succeeding fiscal year's payments are not appropriated, or if RCEB's contract with the State is
not renewed, or if insufficient funds are allocated such that RCSB determines that it is in its best
interest to discontinue or reduce child care services, then the affected service shall be terminated
or modified as of June 30th of the then current fiscal year and RCEB will be relieved of all
obligations to the extent that sufficient funds are not appropriated. RCEB shall notify Contractor
in writing of insufficient appropriations or of non-renewal of the contract with the State within
five (5) business days from the date that RCEB is itself notified of same.
This contract is governed by all applicable California and federal laws and regulations, and all
client services shall be rendered in accordance with those laws, including but not limited to, the
Lanterman Developmental Disabilities Act and California Code of Regulations Title 17.
The Contractor and agents and employees of the Contractor, in the performance of this contract,
shall act in an independent capacity, and not as officers or employees or agents of the State of
California or RCEB.
21. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties, pertaining to the subject
matter contained herein and supersedes all prior agreements, representations, and understandings
of the parties, either oral or written. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing by all the parties.
Signatures: County of Contra Costa
Board of Supervisors
Associate Director, Administration Chair/Designee
REGIONAL CENTER OF THE EAST BAY Date:
Oakland, California
by: Janice Crump FOPM APPROVED: County Counsel
Date: By:.
6
Number:
ADDENDUM A
REGIONAL CENTER OF THE EAST BAY
AGREEMENT FOR
PROVIDING CHILD CARE SERVICES
GEORGE MILLER CENTER-EAST
It is understood with the implementation of this new program that initially the contractor may
not be operating at the client service levels established within the contract, specifically the
average number of clients enrolled and the monthly amounts of client service hours. It is further
understood that through the first 3 months of operation of this program, contractor will employ
sufficient number of staff to meet the ratio requirements as described in section 11, Client
Service Levels.
Upon completion of 3 months of operation of the new service,the contract shall meet the agreed
services levels or shall comply with section 15 and will meet with RCSB to present a rate
adjustment plan and revised client service level plan that corresponds to the average level of
service being provided.
If the rate is adjusted due to lower than anticipated client service levels,the contractor retains the
ability to renegotiate with RCEB an increase in the payment and client service levels if there is a
demonstrated increase in the demand for the program service. Contractor agrees that RCEB
retains the right agree or disagree to an increase in payment and/or client service levels.
County of Contra Costa
Associate Director, Administration Chair/Designee
REGIONAL CENTER OF THE EAST BAY
Oakland, California
by: Janice Crump by:
Date: Date:
7
Number- 555
REGIONAL CENTER OF THE EAST BAY
AGREEMENT FOR
PROVIDING CHILD CARE SERVICES
GEORGE IV MLER CENTER-WEST
The REGIONAL CENTER OF THE EAST BAY, located at 1212 Broadway, Suite 200,
Oakland, California 94612, hereinafter referred to as RCSB, and Contra Costa County, for
its George Miller Center,. west, hereinafter referred to as Contractor, mutually
agree as follows:
1. SCOPE OF WORK
The Contractor shall furnish child care services for RCEB clients throughout RCEB's
service area or as may otherwise be authorized by RCSB. Service shall be provided on
such days, at such times as are agreed by both parties.
2. IMPLEMENTAT70N OF CONTRACT
The Contractor shall provide child care services to RCSB commencing on November 1,
1995.
I TERM OFAGREEJMjVT
The term of this Agreement shall commence on November 1, 1995, continuing until
October 31, 1996. Any holding over after the term of this contract shall be construed to
be a year to year agreement which would be subject to the terms of this contract,
specifically Section 9 hereof, unless otherwise adjusted mutually between both parties.
4. PERMITS AND LICENSES
The Contractor, his employees and agents shall secure and maintain throughout the entire
period of this Agreement, any and all valid permits and licenses as required by law for
the execution of services pursuant of this Agreement.
5. P UBLIC LL4BI=AND PROPER TYDAMAGE
Contractor shall maintain public liability and property damage insurance, satisfactory to
RCSB, in the amount of One Million Dollars ($1,000,000) combined single limit, which
shall be primary over any insurance carried by RCSB. Written Insurance Policies shall
include the following clause:
"This policy shall not be canceled or reduced in required limits of liability until
notice has been given to the Regional Center of the East Bay of such cancellation
or reduction. The date of cancellation or reduction shall not be less than thirty
(30) days after the notice is given."
Written Insurance Policies shall name the Regional Center of the East Bay as additional
insured. In addition, the policy shall state the extent of insurance, the locations and
operations to which insurance applies and the expiration date of the insurance. The
Number
Contractor shall provide RCEB with a certified copy of the original of said policies
within fifteen(15) days of the execution of this Agreement.
If, at any time during the term of this Agreement, the insurance required pursuant of this
Section 5 is canceled or is otherwise not in force, Contractor shall immediately notify
RCEB and Contractor may not provide any-further services thereunder. If at any time
Contractor has reason to believe insurance may be canceled, Contractor shall notify
RCEB immediately.
6. WORKERS'COMPENSATIONINSURANCE
In accordance with the provisions of Section 3700 of the Labor Code of the State of
California, Contractor shall sign and file with RCEB the following statement prior to
performing services thereunder.
"I am aware of the provisions of Section 3700 of the Code which requires every
employer to be insured against liability for Workers' Compensation, or to
undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commencing the performance of the work
thereunder. "
The contractor shall be required to: (I) maintain the Workers' Compensation insurance at
all time during the term of this Agreement, (ii) provide RCSB with certificates of such
insurance, and (iii) provide that the insurer will give RCEB thirty (30) days notice of
cancellation or reduction. The date of cancellation or reduction shall not be less that
thirty(30) days after the notice is given.
7. SOLD KARALLESS AGREEMENT
The Contractor shall hold harmless and indemnify RCSB, its officers, agents and
employees from every claim or demand, except those caused by the gross negligence of
RCSB, made by reason of
a) any injury to person or property sustained by the Contractor or by any person,
firm, corporation or other entity rendering any services under this Agreement on
behalf of the Contractor, either directly or indirectly, however caused:
b) any injury to person or property sustained by any person, firm, corporation or
other entity, caused by or resulting from any act, neglect, default, or omission of
the Contractor or of any person, firm, corporation or other entity performing any
services in connection with this Agreement on behalf of the Contractor.
The Contractor at his own expense and risk, shall defend any action, legal proceeding, or
arbitration or other mediation proceeding, that may be brought against RCEB, its
officers, agents and employees on any such claim or demand as set forth in
Subparagraphs a. and b. above of this Paragraph 7 and pay and satisfy any settlement, or
any judgment which may be rendered against RCSB and/or against any of RCEB's
2
Number:
officers, directors, agents or employees arising from any injuries described in this
Paragraph 7.
8. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, or subcontract any of its duties, burdens, or
obligations under this Agreement without express prior written permission of RCSB. If
RCEB approves, as Subcontractor shall comply with all obligations of this Agreement.
RCEB shall not be responsible for any payments of any kind directly to any
Subcontractor under any circumstances and shall not have any liability for any actions of
any Subcontractor.
9. TERMINATION
Either party may give 30 days prior written notice of its intention to terminate this
Agreement for any reason or cause whatsoever and at any time.
10. FORCE MA.JEURE
a) The Contractor shall be excused from performance thereunder during the time
and to the extent that he is prevented from performing by acts of God, strike
and/or commandeering materials, products, plants or facilities by the government,
when evidence thereof is presented to RCSB.
b) RCEB reserves the right to assign the areas covered by this Agreement to another
Contractor, either in whole or in part, whenever the Contractor, is unable to
perform due to strike of Contractor's employees or such other conditions as are
specified in Subparagraph a. of the Section 11. In this event, the assignment will
cover the period in which the Contractor is unable to perform and will end when
the Contractor has presented satisfactory evidence to RCSB that he is able to
perform the work thereunder.
IL CLIENT SERVICE LEVELS
a) Provide normal and customary child care services for developmentally disabled school
age children as defined by RCEB's Consumer Service Standards/Policy.
b) Serve up to an average of 28 children. It is mutually agreed that contractor may from
time to time have enroIIed in its program a percentage of clients, not to exceed 25%,
which fall under the extended day program criteria. Contractor shall make every attempt
to accomodate these clients to the extent that the client to staff ratio does not exceed the
criteria for extend day programs. Should circumstances occur which cause the average
number of children served to increase or decrease in excess of 10% over any 3 month
period of time, either party may request, in writing, an adjustment in the compensation
rates pursuant to section 15 of this contract.
Number- 28 5 5 ,
c) Maintain a staff to client ratio of 1 to 5.
d) Where appropriate,participate with the Interdisciplinary Team.
e) This.program shall be designed such that it may provide services for clients who have
non-ambulatory status defined herein as requiring the use of a wheelchair for ambulation.
f) Submit to RCSB all Special Incident Reports as described in the California Code of
Regulations Title 17.
12. CONTRACTORS PERSONNEL
Contractor will abide by all licensing child care agency requirements by the State of
California to include by not limited to licensing requirements, education and training.
13. REPORTING REOUIBEMENTS
Various reports described below are regularly due to RCSB, along with the monthly
invoice or as may otherwise be stated
Monthly invoice documentation shall be submitted in the format presented on
Attachment A or in a format of contractors choosing which shall include, but not be
limited to the following:
a) Client name
b) Client program -
c) State service date(if within that month)
d) Stopped service date(if applicable)
e) Type of service
f) Days of the week client is receiving services (M,T,W,Th,F)
g) Hours of service each day
h) Total hours of service during month by each client
i) Parental share of cost authorized to be collected each month for each client
14. PAYMENT
RCEB shall pay Contractor for services thereunder, monthly in arrears, within fifteen days after
receipt of a properly documented invoice, as descnbed. RCSB will pay $248,616.00 (two
hundred forty-eight thousand six hundred sixteen dollars) per annum, payable in 12 equal
payments for approximately 30,884 hours of service or an average of 2,574 hours of service each
month.
All parental share of cost collected by Contractor shall be reported to RCEB as described in
Section 13 thereunder and shall be deducted from the monthly payment to Contractor.
Contractor shall assume all responsibility for collection of parental share of costs. Contractor
4
. Number:
shall exercise due diligence in collecting parental share of costs in arrears and may assess and
retain any late fees or collection charges considered usual and customary.
15. ADJUSTMENT OFRATES
In the event a circumstance occurs which significantly affects the cost of services to the client,
either parry may request, in writing, an adjustment in the compensation rates. Such
circumstances shall be defined as an increase or decrease in the total number of client hours in
excess of 10% of the base number of client service hours during any consecutive 3 month period
of time. After substantial evidence of an operational cost increase or decrease has been
presented and analyzed, RCSB may make such adjustment as are deemed to be reasonable and
fair, as determined by RCSB, following procedures established by the Department of
Developmental Services, and the Contractor shall agree to be bound by such adjustments, if any.
The adjustment of rate shall be calculated based upon the 3 month average of client service
hours. In the event that the average increases or decreases by more than 10%,RCEB will adjust
the rate based upon the incremental difference in the average percentage over or under 10%.
The percentage difference shall be applied to the monthly compensation and adjusted
accordingly.
16. NDN-DISCREW7VATION
Contractor shall not deny the Agreement's benefits to any person on the basis of religion, color,
ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate
unlawfully against unlawfully against any employee or applicant for employment. Contractor
shall ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. Contractor shall comply with the provisions of the Fair Employment
and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated
thereunder (California Administrative Code, Title 2, Section 12900 et seq.). The provisions of
Article 9.5, Chapter I (Government Code, Sections 11135-11139.5).
17. LEGAL EXPENSES .
If any action or proceeding at law is commenced to enforce any provisions or rights under this
Agreement, the unsuccessful party to such action or proceeding as determined by the court in a
final judgment or decree, shall pay the prevailing party(including, without limitation, such costs,
expenses and fees on any appeal), and if such prevailing party shall recover judgment if any such
action or proceeding, such costs, expenses and attorney's fees shall be included as part of such
judgment.
18. WAIVER
No waiver of a breach of any provision of this Agreement by RCEB shall constitute a waiver of
any other breach of any provision of this Agreement and shall not be construed as a waiver
thereof. The remedies herein reserved shall be cumulative and additional to any other remedies
in law or equity.
5
Nunber: 2 8 - 55 5
19. MISCELLANEOUS PROVISIONS
The section headings in no way define, limit, extend or interpret the scope of this Agreement or
any particular paragraph, and the masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others whenever the context so indicates.
20. REGIONAL CENTER OBLIGATION
Payments by RCSB for services rendered by Contractor thereunder are subject to and dependent
upon sufficient funds being appropriated by the State during each of RCEB's fiscal years during
the term of this Agreement. It is anticipated that RCSB will receive sufficient appropriations for
the payments to be made in the current fiscal year. However, if sufficient funds for the next
succeeding fiscal year's payments are not.appropriated, or if RCEB's contract with the State is
not renewed, or if insufficient funds are allocated such that RCEB determines that it is in its best
interest to discontinue or reduce child care services, then the affected service shall be terminated
or modified as of June 30th of the then current fiscal year and RCEB will be relieved of all
obligations to the extent that sufficient funds are not appropriated. RCEB shall notify Contractor
in writing of insufficient appropriations or of non-renewal of the contract with the State within
five(5) business days from the date that RCEB is itself notified of same.
This contract is governed by all applicable California and federal laws and regulations, and all
client services shall be rendered in accordance with those laws, including but not limited to, the
Lanterman Developmental Disabilities Act and California Code of Regulations Title 17.
The Contractor and agents and employees of the Contractor, in the performance of this contract,
shall act in an independent capacity, and not as officers or employees or agents of the State of
California or RCSB.
21. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties, pertaining to the subject
matter contained herein and supersedes all prior agreements, representations, and understandings
of the parties, either oral or written. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing by all the parties.
Signatures: County of Contra Costa
Board of Supervisors
Associate Director, Administration Chair/Designee
REGIONAL CENTER OF THE EAST BAY Date:
Oakland, California
by: Janice Crump FoR4 APPROVED: County Counsel
Date: By:
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Y Number: v `W " v
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ADDENDUM A
REGIONAL CENTER OF THE EAST BAY
AGREEMENT FOR
PROVIDING CHILD CARE SERVICES
GEORGE iNMIER CENTER-WEST
It is understood with the implementation of this new program that initially the contractor may
not be operating at the client service levels established within the contract, specifically the
average number of clients enrolled and the monthly amounts of client service hours. It is further
understood that through the first 3 months of operation of this program, contractor will employ
sufficient number of staff to meet the ratio requirements as described in section 11, Client
Service Levels.
Upon completion of 3.months of operation of the new service, the contract shall meet the agreed
services levels or shall comply with section 15 and will meet with RCEB to present a rate
adjustment plan and revised client service level plan that corresponds to the average level of
service being provided-
If
rovidedIf the rate is adjusted due to lower than anticipated client service levels, the contractor retains the
ability to renegotiate with RCEB an increase in the payment and client service levels if there is a
demonstrated increase in the demand.for the program service. Contractor agrees that RCEB
retains the right agree or disagree to an increase in payment and/or client service levels.
County of Contra Costa
Associate Director,Administration -Chair/Designee
REGIONAL CENTER OF THE EAST BAY _
Oakland, California
by: Janice Crump by:
Date: Date:
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