HomeMy WebLinkAboutMINUTES - 11281995 - C55 156"30: '' BOA-RD OF SUPERVISORS
FROM:
CW_
't1 a
Mark Finucane, Health Services Director
Costa
DATE: November 13, 1995 County
SUBJECT: '
Approval of Novation Contract #24-705-34 with
We Care Society, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Lorna Bastian) , to execute on behalf of the County, Novation Contract
#24-705-34 with We Care Society, Inc. , in the amount of $384, 620, for
the period from July 1, 1995 through June 30, 1996, for day treatment
services for high risk, delayed or emotionally disturbed children.
This document includes a six-month automatic extension through
December 31, 1996, in the amount of $192 , 310.
II. FINANCIAL IMPACT:
This Contract is funded in the Health Services Department Budget (Org.
#5952) for Fiscal Year 1995-96 as follows:
$ 41, 145 Federal Medi-Cal (FFP) Funds
343 , 475 County/Realignment Funds
$ 384, 620 TOTAL CONTRACT PAYMENT LIMIT
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For several years, this Contractor has been operating a day treatment
program for preschoolers with measurable delays in interpersonal,
social/emotional, language and cognitive development or children who
are at risk for such delays. Included are abused, developmentally
delayed, emotionally disturbed and environmentally deprived children
who do not meet the criteria for any categorical funding source for,
services.
Novation'. Contract #24-705-34 replaces the six-month automatic
extension under the prior contract and continues the Contractor's
services through June 30, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ��
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON n&LAAA APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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)
CC: Health Services (Contracts) ATTESTED 9
Risk Management Phil Batchelor,Clerk of the Board ot
Auditor-Controller Supervisors and County Admiristrator
Contractor
M382/7-e8 BY DEPUTY
Contra Costa County STANDARD CONTRACT Number,24-705-34
Standard Form 1/&7 (Purchase of Services) Fund/Org" # 5942
NOVATION Account #. 2320
1. Contract Identification. Other �#
Department: Health Services - Mental Health Division
Subject: Day Treatment for High Risk, Developmentally Delayed or Emotionally
Disturbed Children
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: WE CARE SOCIETY, INC.
Capacity: California Non-profit Corporation Taxpayer ID #Not Applicable
Address: 2191 Kirker Pass Road, Concord, California 94521
3. Term. The effective date of this ContractALs July 1. 1995 , and it terminates
June 30, 1996 unless sooner terminated as proZdB erein.
4. Payment Limit. County's total payments to Contrtra/ac this• Contract shall not
exceed $384.620.
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. Proiect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
The Short Doyle/Medi-Cal Manual for the Rehabilitation Option and Targeted Case
Management which is incorporated herein by reference and a copy of which is on file in
the office of the County's Mental Health Director.
9. Legal Authority. This J&ntract is entered into under and subject to the following
legal authorities: Ca a Government Code §§ 26227 and 31000.
10. Signatures. These signature'* the parties' agreement hereto:
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 C1 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 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.
4
Contra Costa County Standard Foran(Rev. 1/95)
OVALS/ACKNOWLEDGMENT
Number 24-705-34
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY 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
(Cost Basis Contracts)
Number 24-705-34
1. Payment Basis. Subject to the Payment Limit, 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, 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" .
[X] d. (1) A one-time-only payment of $48, 077 payable upon demand on
or after July 1, 1995; and
(2) Monthly payments in an amount equal to Contractor's net
allowable contract costs which have actually been
incurred and/or paid by Contractor each month (i.e. ,
reimbursement in arrears for actual expenditures) ,
computed in accordance with and subject to the attached
Budget of Estimated Program Expenditures which is
incorporated herein by reference. For allowable contract
costs which are actually incurred in a given month, but
for which invoices are not on hand, Contractor shall
include estimates of such costs in its payment Demand
(Form D-15) for said month, and Contractor shall increase
or decrease each subsequent month's Demand to adjust for
any resulting over- or under-payments, subject to the
Contract Payment Limit.
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.
Initials:
Contractor County Dept.
1
Contra, Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-705-34
[ ] 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 organiza-
tions other than hospitals.
[ J 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) .
[ ] 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.
Initials;
Contractor County Dept.
2
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-705-34
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 sixty (60) 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 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 four (4) months from the end of each fiscal year period under
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 7. (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,
Initials:
Contractor County Dept.
3
Contra, Costa County
PAYMENT. PROVISIONS
(Cost Basis Contracts)
Number 24-705-34
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 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.
Initials:
Contractor County Dept.
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
(Short-Doyle Medi-Cal Programs)
Fiscal Year 1995-96
Number 24-705-34
I. MEDI-CAL PROGRAM
A. GROSS OPERATIONAL BUDGET MENTAL HEALTH
REHAB.
1. COST REIMBURSEMENT CATEGORIES PROGRAM
a. PERSONNEL SALARIES & BENEFITS $310, 392
b. OPERATIONAL COSTS (Direct Costs) $183 ,891
c. INDIRECT COSTS (SUBTOTAL AMOUNT) $ -0-
2 . TOTAL GROSS ALLOWABLE PROGRAM COST $494,283
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE <$109 , 663>
C. NET ALLOWABLE FISCAL YEAR COST
(Fiscal Year Payment Limit) $384, 620
II. OTHER BUDGET PROVISIONS
A. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Fiscal Year
Payment Limit for each Fiscal Year period under this Contract, and
subject to State guidelines, each cost category Subtotal Amount set
forth above:
1. May vary up to 15% in any fiscal year without approval by
County; and
2 . May be changed in excess of 15% in any fiscal year period
provided, however, that Contractor has obtained written
authorization prior to May 1st that Fiscal Year period under
this Contract from the Department's Mental Health Division
Director before implementing any such budget changes.
MENTAL HEALTH
REHAB.
3 . MEDI-CAL PROGRAM PROGRAM
a. Max. Short-Doyle Reimbursement (MSR) $343 ,475
b. Base Fed. Medi-Cal Reimbursement*
(Federal Financial Participation (FFP) :
50% Share) $ 41, 145
4 . TOTAL CONTRACT PAYMENT LIMIT $384, 620
Initials•
Contractor County Dept.
1
SERVICE PLAN
Number 24-705-34
1. Scope of Services. During the term of this Contract, Contractor shall
provide a day treatment program for infants and children to age five
(5) , and their families, at a Concord site which is certified for Short
Doyle/Medi-Cal services. Contractor's program shall be carried out as
set forth in the Work Plan which is incorporated herein by reference, a
copy of which is on file in the office of the County's Mental Health
Director and a copy of which County has furnished to Contractor.
Contractor shall make its Admissions and Service Delivery Policies,
which are incorporated herein by reference, available to the public for
inspection.
2 . Charges for Services. If otherwise lawful, Contractor may charge
clients, or other persons responsible for clients, for services
rendered. Such charges shall approximate estimated actual cost, in
accordance with The Short Doyle/Medi-Cal Manual for the Rehabilitation
Option and Targeted Case Management and with The California Department
of Mental Health Cost Reporting and Data Collection Manual.
3 . Reports.
a. Progress Reports. Contractor shall submit to County's Health
Services Director, or his designee, regular written progress
reports, data collection reports and expenditure reports, in the
time, form and manner required by County.
b. Final Report. Contractor shall submit on or before August 15,
1996, to County's Health Services Director, or his designee, a
written Final Activity Report which shall include, but not be
limited to, an evaluation of the quantity, quality, and impact of
the work undertaken in conducting services provided under this
Contract.
C. Evaluations and other Data Collection Processes. County shall
include Contractor in the design, planning, and implementation of
any evaluation or data collection process undertaken by County
regarding Contractor's program operations and services. County's
Mental Health Division shall facilitate provision to Contractor of
summary information and reports pertaining to Contractor's program
activity and performance in as timely a manner as is feasible.
Such materials shall include, but not be limited to, appropriate
County Mental Health Information System reports, summaries of data
supplied by Contractor, results of evaluations of Contractor's
services, County's Annual Performance Contract, and reports to the
State of California regarding mental health services.
4 . Right of Inspection. Upon County's request, Contractor shall make
available to County's Mental Health Director or her designee for review,
all records and materials. relevant to the documentation of services
provided under this Contract. In addition, as requested by County,
Initials:
1 Contractor County Dept.
SERVICE PLAN
Number 24-705-34
Contractor shall assist County's designated Contract Monitor in
conducting site visits.
5. Clearances for Physicians and Clinical Psychologists. Prior to hiring
as an employee (or otherwise procuring the services of or contracting
with) any physician or licensed psychologist to provide services under
this Contract, Contractor shall make a formal inquiry to the California
State Board of Medical Quality Assurance (BMQA) pursuant to Section
805. 5 of the California Business and Professions Code in order to
determine whether or not that person has been denied staff privileges,
has been removed from a medical staff, or has had his/her staff
privileges or license restricted, suspended, or revoked, as provided by
Section 805 of the Business and Professions Code. Contractor shall make
such inquiry regarding any physician or licensed psychologist who is
currently employed by or under contract with Contractor, if Contractor
has not yet made such inquiry. Should Contractor obtain an adverse
report from BMQA regarding any physician or psychologist and should
Contractor still desire to employ or contract with such person to
provide services under this Contract, Contractor shall notify County's
Mental Health Director within 15 working days subsequent to obtaining an
adverse report on such a person and at least 15 working days prior to
allowing such a person who is newly employed or retained to start work.
Initials:
2 Contractor County Dept.
SPECIAL CONDITIONS
Number: 24-705-34
1. Novation. The parties having entered into a prior Contract #24-705-
33 for the period from July 1, 1994 through June 30, 1995 (which
contained provision for an automatic six-month Contract extension
through December 31, 1995) , County and Contractor hereby agree to
substitute this Contract #24-705-34 for the aforesaid six-month
automatic Contract extension. Effective July 1, 1995, all Contract
rights and obligations of the parties will be governed by this
Contract #24-705-34.
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, 1996, the term of this Contract shall be
automatically extended through December 31, 1996. 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 $192,310 (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 pay Contractor a one-time-only payment of $48, 077
payable upon demand on or after July 1, 1996, and thereafter,
monthly payments in accordance with Payment Provisions as set
forth in Payment Provisions Paragraph 2 .d. , 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 shall be prorated
for the six-month period.
d. 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) .
Initials:
Contractor County Dept.
1
SPECIAL CONDITIONS
Number: 24-765-34
3 . 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.
4 . Maintenance of Effort. Contractor shall not use any funds provided
by this Contract to supplant, substitute for, or otherwise replace
any other funds that Contractor may have been expending or otherwise
using to support Contractor's activities of any kind.
5. 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) .
6. Endorsements. Contractor shall not in its capacity as a contractor
with Contra .Costa County publicly endorse or oppose the use of any
particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor
capacity, Contractor shall not publicly attribute qualities or lack
of qualities to a particular brand name or commercial product in the
absence of a well-established and widely-accepted scientific basis
for such claims or without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not
participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product,
even if Contractor is not publicly endorsing a product, as long as
the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of
Contra Costa County. Notwithstanding the foregoing, Contractor may
express its views on products to other contractors, the Board of
Supervisors, County officers, or others who may be authorized by the
Board of Supervisors or by law to receive such views.
Initials:
Contractor County Dept.
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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.
4
Contra Costa County Standard Form 1187
GIIVIItAL CONDITIONS
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any)=and Service Plan do not limit any 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.
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