HomeMy WebLinkAboutMINUTES - 01161996 - D4 r a. b.q
4
TO: BOARD OF SUPERVISORS 'sE..
s= °R Contra
FROM: Terrence Starr, Acting County Probation Officer Costa--. l
County
�•v
DATE: December 18, 1995'
SUBJECT: Approval of Contract #35373 with the Council of Churches
for Chaplaincy Services at Juvenile Hall
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize the County Probation Officer to sign Contract #35373
between the County and the Council of Churches of Central Contra
Costa County for the period January 1, 1996 to December 31, 1996,
subject to a payment limit of $30, 000 and an automatic extension
effective January 1, 1997 to March 31, 1997 subject to an
additional payment limit of $7, 500 .
BACKGROUND
This contract is for continuation of chaplaincy services at the
Juvenile Hall complex. The Council of Churches provides
counseling with juveniles who are experiencing personal, family
and/or behavioral problems . These services will be provided by a
qualified chaplain on a full-time basis .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January 16 , 1996 APPROVED AS RECOMMENDED x OTHER x
Following testimony by Vernita Kennen, A. Harper , Burt Bogardus , Burt Sturm and
Hank Hansen on various issues for and against the contract, and Board discussion
of the matter, Supervisor Rogers moved approval of the program for three months
with a request to the Council of Churches to return with an indication about
their policy on the chaplaincy and a broadening of thier criteria. The motion
died for lack of a second. Supervisor Bishop moved approval of the staff
recommendation. Supervisor DeSaulnier seconded the motion with a request that
the Chief Probation Officer continue to review the situation. Supervisor Smith
supported approval. with the clarification that further contracting will require
that the Council of Churches expand their admission criteria. The maker and the
seconder concurred with the amendment. IT IS BY THE BOARD ORDERED that the above
recommendation is APPROVED with the clarification that further contracting will
require that the Council of Churches expand their admission criteria to include
pP94j�Vs&&vRQer denominations; and the Chief Probation Officer is REQUESTED to
continue to review the issue.
1 HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT 5 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Tim Ward (313-4195)
cc: County Administrator ATTESTED January 16 , 1996
County Probation Officer PHIL BATCHELOR,CLERK OF THE BOARD OF
County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Contractor c/o Probation
L)
M382 (10/88)
BY DEPUTY
RECEIVED 73W,
JAN 1 ::1
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
January 8, 1996
Chairman/a oard of Supervisors
651 Pine Street, Rm 106
Martinez, CA 94553
Dear Sir:
This is to ask that you please cancel the contract
with the Council of Churches, and hire individuals
needed, chaplains or=otherwise4; direct . This will
save the county some money and is certainly a more
senslbl�e�_>solution.
I have been following this matter in the news for
some time and think the handling of this by Contra
Costa County has not been appropriate-- may also be
illegal with respect to County, State and National
laws separating church and state.
Yours truly,
t�
Venona Levine
2100 Skycrest rive #11
Walnut Creek, CA 94595
i
i
JAN 1 0 1996
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
30 Erselia Court
Alamo, CA 94507
January 7, 1996
Chair and Board of Supervisors
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Ladies and Gentlemen:
I have learned that the Board has the right, at this time, not to renew at
least part of the contract the County has with the Council of Churches — the
part concerning the chaplaincy of Juvenile Hall.
If there are really not enough volunteers to respond to genuine needs
for religious counselling among the population of Juvenile Hall, I would
imagine that a simple appeal to local churches, made by some of the current
volunteers, would bring in more of such services quickly.
Please add my name to the list of citizens who find the continuation of
this contract an unacceptable use of the County's funds.
Respectfully yours, .
Charles J. Fi more
Vtontra Costa County
Standard Form 1/87 STANDARD CONTRACT Number 35373
(Purchase of Services) Fund/Org # 3120
Account # 2310
1. Contract -Identification. Other # g
Department: Probation
Subject: Chaplaincy Services for Juvenile Hall Complex
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: Council of Churches of Central Contra Costa County
Capacity: California Non-Profit Corporation Taxpayer ID# 94_-1693225
Address: 1543 Sunnyvale Avenue
Walnut Creek, CA 94596
3. Term. The effective date of this Contract is _ January 1 , 1996 and it
terminates December 31 , 1996 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 30,000.00
5. County's Obligations. County shall make to the Contractor those payments described
in the Payment Provisions attached -hereto which are incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein. -
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities : California Government Code Section 26227.
10. Signatures. These signatures attest 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 �8 M ` ��� By(Designate of ic�f -ial busines6/ capacity A.) (Designate official 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 §1190.1 and Corporations
Code §313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form (Rev. 1/95)
APPROVALS/ACI< TOWLEDGMENT
Number 35373-3120-2310-96
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By. _�— �-'Qi''L� By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR '
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On Nov, 1 1C-'6( T before me, a1 ',z,V
(insert name and title of the officer), personally a,Rpeared V>r aug l-t—A k *-- m R1"
N ��2`TYZPl CT- S` - YYA
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.
7(2)
MY HAND AND OFFICIAL SEAL. Brad G.MaglebComm.#1077469
NOTARYPUBLIC•CALIFORNIA
( ) GCONTRACOSTA COUNTY n
i r`-;� '}L Seal FOP Comm.Exp.Nov.15,1999 1
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
1
Contra Cosa CoL'n_V Standard Form 1/9i
PAT%V_ r PRIOVISTONS
(Fee iasis Contracts}
Number 35373-3120-2310-96
i. Pavment Amounts. Sub=ect to tie Pavme::_ Ii_-ait of this Contract and subject to the
following Pavment Provisions, Ccunty wi=_ pay Contractor the following fee as full
compensation for all services, work, e:roenses or costs provided or incurred by
Contractor:
[Check one alternative only. ;
(X ] a. 2.500.00 mcnthly, or
b. ter :nit, as de_ined in the Service Plan, or
L _
i c. af_er ccmp:e_= of a_y oDliaat-Lons and condi-:ions he`'a_n.
?. Pavment Demands. Con__ac-.or sn a_. s;. ...-- '''r_-_en remands. Jaid demands s:ia__ Cc
made on _oL'nty Demand` -Cr'1 =.. . _ ---= :7-anner and -- orm pr2scri^Ded Cy Ccu:'`-7
rCn_raC_Cr S ate' Sli„^m;_ Sai. e^a C - ent no Later tna_ 30 Cads from -_._
end of _ne :i1C nu^, in CdPiCi: _ne :c%_ra__ __- .ices upon WniC.11 sUc:l demand is Cased
'here ac_da__V randered. Ulpcn rte`:a_ __ .._nidi Dairment G1eT'iGP_CS bpi -.ie he0= _.fie
County! 'JepartIle7 _ .or wn_C.n -.._5 __ mace, or his designee, County Wi,- .Tia:{e
paymen-c as spec-4_1e, in -=-Ggr _ =a 'e^_ i�eT:CL'_^. S J =�^CVe
Pena.t7 for irate Su'�hmissicn. 'na --_ ___ _3_L S LO S11:Pi'= =0 i�::t'! a t1:TL2__
demand =or pa,,men= as spec_=-eC' _.. (Pa',iuen- Oe.T.ar,4s) ac=e, and as a
rest:__ of ContraC_Or' s La_? su. ..._55:_.. __.= oun_',, _s unaC_e _O Obtain reLrnturSement
-_cm --..a State -._ .a__. ._..__nor _he e:{_e?n_ the Ooutt:_y_ ' s raccc ei
-u::d_..c _5 p--...c_.._c, ....l:n-_ S:.G-- •--- _ ......_rat_ r for such ser-.ices, ever. _ic..,lh
.s1i= se_._..es were :,,:__y _=i_ded.
R4aht to Withhold. Count'v has navment to _ie Contractor when,
in tie opinion of 1.
_:,e Coon__! ex-'resseC _n .Nr__ ^.g to tie CCn_rac=—, (a) the
Contrac:.or's performance, 'n whole or In par_, either has not been carried out or i5
:P_S1IC'enTy decume.^.Lem. (DN, a:_c- .^as nec1eC__C, _JI ed ^r reuse-' _o
furnish in rmat'Lcn or to -_oc=e_3te wi;_` any inspection, r2V;eW or dL'Cit QL _ts
program, wcrX or records, or (c) Contrac_cr+has faded to sufficiently itemize or
doc-.=en_ its demand(s) for pa<me nt.
S. Audit E=ent-ions. Contractor acmes to ad=ept responsibility7 for receiving, reolvina
to, and/Or Complying with any audit e__xceL_icns by appropriate County, State Cr
Federal audit agencies Occurring as a resUl_ of its performance of this Contract.
Contractor also agrees to pay to the Co:. ty wi-i_n 30 days of demand by County the
full airourt of the County's eblicatcn, i.f any, to the State and/or Federal
government resulting from any audit excep_icns, to the extent such are attributable
to the C==at tar's fa i-1=9 tc pe-c= p-L;.early any of its cbLgat=cns s:�der ti,_s
Contract.
T
nitials:
Con Tactor County Dept.
Contra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with
all Federal, State and local laws and regulations applicable with respect to its
performance under this Contract, including but not limited to, licensing,
employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor' s performance, place of business and records
pertaining to this Contract are subject to monitoring, inspection, review and
audit by authorized representatives of the County, the State of California, and
the United States Government.
3. Records. Contractor shall keen and make available for inspection and
copying by authorized representatives of the County, the State of California,
and the United States Government, t': e. Contractor' s regular business records and
such additional records pertaininc to :'-is Contract as may be required by th=
County.
a. Retention of Records. :-e Cc- tractor shalL retain al'_ documents
pertaininc to this Contract for °_�ea_s from the date of submission c=
Contractor' s final payment demand or '_. __ Cost Report; for anv fur_her perio�:
that is required by law; and unt__ ecera' State audits are complete and
exceptions resolved for this ccntr=_c=' s funding period. Upon request,
Contractor shall make Mese reccrds ava__a-^_e to authorized representatives of
the Count`/, the State of Californ-.a, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant
to Section 1861(v) ( 1) of the Sec a_ Security Act, and any . regulaticns
prcmulgated thereunder, Contractor snail, upon written reghiest and until the
expiration of Lour years after the f'L'iSning of services p::rsuar.r_ to tn_s
Cc=-act., make available t0 the S2 r?_ary Of tecit_R and Human Services or to the
the Comptroller. General, or ar_v of t-:eir dL'_v authorized representatives, this
Contract and books, documents, and recores 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 310,000 or more over a twelve-month period,
supe subcontract shall contain a c_au'se to to 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, tc the Count_, to
the Secretary or to the Comptroller General, or any of their duly authorized
representatives, the subcontract a:c bcokS, 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 anv 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.
-1-
Contra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
4. Reporting Requirements. ?urs-,:,ant to Government Code §7550, Contractor
shall include in all documents or wri=ten reports completed and submitted to
County in accordance with this Contract, a separate section listing the numbers
and dollar amounts of all contrac_s and subcontracts relating to the preparation
of each such document or written, recon':. This section shall apply only if the
payment limit under this Contrac exceeds $5,100.
5. Termination.
A. Written Notice. This Cont_=ct may be terminated by either party,
at their sole discretion, upon ti:ro-T-:ay ad-;ance written notice thereof to t:.e
other, and may cancelled immediately by writ-:en mutual consent.
b. Failure to Perform. __ pon written notice to Contractcr,
may immediateiv terminate this the Contractor faii to perf0
properly any of its obligations ..ere neer. _n the event of such terminatio:,
the County may proceed with the wcr.t _.. any reasonable manner it chooses. `2ha
cost to the County_ of completing cerformance shall be deducted frcm
anv su:-n due the Contractor unser without prejudice to the
County's rights otherwise to reccv=_ i__ da:7.acos.
c. Cessation of Funding. Paragraph 5.a. above, in the
event that Federal, State, or other ncn-_cun:=_:: funding for this Contract ceases,
this Contract is terminated withc::t nc_ice.
6. Entire Agreement. This Cc.._-___ ccn_ains all the terms and conditicns
agreed upon by the parties. I: cep_ as ea_ressly provided herein, no other
understanding, oral or otherwise, _ -_iinc_ _he subject matter of this contract
shall be deemed to exist or to bin.. a of ^arties hereto.
7. Further Specifications for Cperating Procedures. Detailed
specifications of operating prcced::res and cudgets required by this Contract,
including but not limited to, mcr.__o__..^.c, 'evaluating, auditing, billing, or
regulatory changes, may be develcced and set forth in a written Informal
Agreement between the Contractor ana the C _v. Such Informal Agreements shall
be designated as such and shall not be amen,-4-arts to this Contract except to the
extent that they further detail corclan_.-r that which is already required
hereunder. Such Informal Agreements mav no-- enlarge in any manner the scope of
this Contract, including any sags of mcney t_ be paid the Contractor as provided
herein. Informal Agreements may be apprcvea and signed by the head of the
County Department for which this contr=c_ is made or his/her designee.
S. Modifications and Amendments.
a. General Amendments. This Contr=ct may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approva_, by its designee, subject to any required
State or Federal aporoval.
f
Contra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
b. Administrative Amendments. S- ^ject to the Payment Limit, the
Payment Provisions and the Service ?Ian may be amended by a written
administrative amendments executed by t^.e Contractor and the County
Administrator. or his/her 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 the Contractor
concerning the meaning, requirements, or per=ormance of this contract shall be
subject to final determination in writing btu the head of the County Department
for which this Contract is made or his!lner designee or in accordance with the
applicable procedures (if any) required c_ t::e State or Federal Government.
10. Choice of Law and Personal Ju_-isdiction.
a. This Contract is made in Costa County and shall be governed
and construed in accordance wit ---e laws State of California.
b. Any action relating to _:�ntracr_ shall be instituted and
prosecuted in the courts of Contra Costa State of California.
11. Conformance with Federal and State Regulations and Laws. Should
Federal or State regulations or laws '-7pcn the subject of this Contract
be adopted or revised during the _e= ger=^ this contract shall be deemed
amended to assure conformance- wit:. such or State recuirements.
12. No Waiver by County. S::b�ec_ t_ =aragraph 9. (Disputes) of these
General Conditions, inspections or ap=rc°;a_s, or statements by any officer,
agent or employee of the County indica__nc _ne Contractor' s performance or arty
part thereof complies with the t_^.is Contract, or acceptance of
the whole or any part of said oer'cr-ance, or payments therefor, or any
combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Contract as prescribed; nor stall the County be thereby estopped
from bringing any action for damages or en_orc-ement arising from any failure to
comply with any of the terms and conditions of this Contract.
13. Subcontract and Assigement. T _s Co-=ract binds the heirs, successors,
assigns and representatives of Contractor. .=:e Contractor shall not enter into
subcontracts for any work ccntemplated under tris 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/her desic-.ee, subject to any required State
or Federal approval.
-3-
Contra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
14. Independent Contractor Status. This Contract is by and between two
independent contractors and is not in-anded 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. Contras-or, its officers, partners, associates,
agents, and employees, shall not make, participate in making, or in any way
attempt to use the position afforded t:.em by this Contract to influence any
governmental decision in which he or s:__ knows or has reason to know that he or
she has financial interest under California Government Code Sections 87100, et-
seq. ,
tseq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its
officars, partners, associates, ace: _s and employees to comply with all
applicable Stat or Federal statutes cr ra:Mations respecting confidentiality,
including but not limited to, `he of persons served under this
Con.traC_, their records, or ser-7-4--espYc','idee`them, and assures that:
a. All app licaticr.s and recor's concerning any individual made or kept
by Contractor or any pL'.^liC crf_cer or agency in connection with t:;e
admi.^. stra__on of or re'a_ing ro seer;c=s provided under this Contract will ce
con=identlai, and will not be cce.^. to _^alien for .any purpose not direct:y
connec-ed with the administra-ion of such service.
b. No person will publish cr disclose or permit or cause to be
publ:.shed or disclosed, anv list CL persons receiving service, except as may be
recurred in the administration cf such ssrvice. Contractor agrees to inform a!-'-
employees,
llemployees, agents and partners of the -_',cve provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized
by Lata may be guilty of a misdemeanor.
17. Ncndiscriminatory Services. Ccntractor agrees that all goods and
serv'_ces under this Contract shall be available to all qualified persons
regardless of age, sex, race, relicion, color, national origin, or ethnic
background, or handicap, and that none sha'_1 be used, in whole or in part, for
relicious worship or instruction.
18. Indemnification. The Contrac-cr 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 directiv or indirec-_v 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 misccnduct of the County or its officers or
employees. Contractor will make gocd to and reimburse the County for any
expenditures, including reasonable attorneys fees, the County may make by. reason
of such matters and, if requested by t'n,e County_ will defend any such suits at
the sole cost and expense of the Contractor.
-4-
f
Contra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
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 bcdily 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 occur==_nce. Such insurance shall be endorsed
to include the County and its officers and employees as additional insureds as
to all services performed by Contractcr _rider this agreement. Said policies
shall constitute primary insurance as the Countv, the State and Federal
Governments, and their officers, acentS, and employees, so that other insurance
policies held by them or their Sef-insurance program(s) shall not be required
to contribute to any loss cev_r_d uncer Contractor's insurance policy or
policies.
b. Workers' Compensation. Contractor shall provide workers'
compensation insurance coverace for its e _ -cyees.
c. Certificate of Insurance. Contractor shall provide the County
with (a) certificate s) ef -..s-,:ranc_ evidencing liability and worker's
compensation insurance as re :_red here_:: no later than the effective date of
this Contract. If the Contractor sl-.c,,_d --anew the insurance policy(ies) o.-
acquire
racquire either a new insurance pelicy( i_s) or amend the coverace afforded
throuch an endorsement to the =clicy ^ at any time during the 'term of "his
Contract, then Contractor sha_; prcvide (al . ..rrent certificates) of insurance.
d. Additional Insurance P,ovisiors. The insurance policies provided
by the Contractor shall include a provision for thirty (30) days written notice
to County before cancellation or materia_ change of the above specified
coverage.
20. Notices. All notices provide: for by this Contract shall be in writing
and may be delivered by deposit in the L^_ed 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 tc 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 cr of other delivery, except that the
effective date of notice to the County s a-1 be the date of receipt by the head
of the County Department for which this Contract is made.
21. Primacy of General Conditions. =xcent for Special Conditions which
expressly supersede General Conditions, the Special Conditions (if any) and
Service Plan do not limit anv term of the General Conditions.
^intra Costa County Standard Form 1/92
GENERAL CONDITIONS
(Purchase of Services)
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 or 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 5107) , 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 re--:irements Revenue & Taxation Code
5107.6, and waives all rights to further nct_ce or to damages under that or any
ccmparab le statute.
24. No Third-Party Beneficiaries. Nct ---hstanding mutual recognition that
services under this Contract may provide some aid or assistance to members of
the Countv's population, it is not intention of either the County or
Contractor that such indl,v:dual occu,,%, t-e posltlon of intended tnirc-par y
beneficiaries of the obligations assu.•ned by either party to this Contract.
25. Copvriahts and Rights in Data. Contractor shall not publish or
transfer anv materials produced or reser:ti_c from activities supported by this
acreement without the express written ccnsen.- of the County Administrator. I:
anv material is subject to copyright, tie Gcunty reserves the right to copyrigh_
such and the Contractor agrees not to ccov_richt such material. If the materia:
is copvrighted, the County reserves a rcvalty-free, nonexclusive, and
irrevocable license to reproduce, publish, and use such materials, in whole or
in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor
With Contra Costa County publicly endorse or oppose the use of any particular
brand names 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.
-6-
Number 35373-3120-2310-96
SPECIAL CONDITIONS
1. Automatic Contract Extension. Notwithstanding Paragraph 3 . (Term) of this
Contract, this Contract shall automatically be extended for three months
(January 1, 1997 through March 31, 1997) , unless this Contract is
terminated sooner. The purpose of this automatic three 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 novation of renewal Contract for Contractor' s and County
Board of Supervisors' approval. As to any such three month extension:
a. The Contract Payment Limit, as specified in Paragraph 4. (Payment
Limit) is increased by $7,500.00 (the equivalent three month Payment
Limit) and the County' s total payments to the Contractor for said
three month extension shall not exceed this three month Payment
Limit, subject, nevertheless, to the aforesaid novation or renewal
Contract.
b. 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 three month
period.
C. This three 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
specified in Paragraph 3 . (Term) .
2. Nondiscriminatory Services. Paragraph 17. (Nondiscriminatory Services)
of the General Conditions is hereby modified as follows: 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.
Initials
Cont ct'o County Dept.
Number 35373-3120-2310-96
SERVICE PLAN
The Contractor shall provide counseling and chaplaincy services for juveniles
at the County Juvenile Hall Complex located at 202 Glacier Drive, Martinez,
California. Such counseling and professional chaplaincy services shall
include, but not be limited to, the following:
1. Consultation and counseling with juveniles who are experiencing
' personal, family and/or behavioral prob-lems;
2. Responding to crisis situations at Juvenile Hall and counseling the
individuals involved;
3 . Consulting with graduate students participating in the Seminary
Intern Program at the Juvenile Hall facilities; and
4. Emergency calls as needed by residents of the Juvenile Hall Complex.
The above services will be provided by a qualified chaplain on a full-time
basis with backup support to be provided by Contractor when the chaplain is
absent because of vacation, illness, or other reasons . "Full-time" shall be
defined as 40 hours per week, during the period of this Contract, the times and
places to be specified by the County Probation Department .
Initials /
Con actor County Dept.
P
Request to S eak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the spankers' wspum
before addressing the Board.
9
Name: v4o
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1 am speaking for myself or organization:
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1 wish to speak on Agenda Ron
My comments will be: mal _for_gpkwt
I wish to speak on the shied of
14
0 do not wish to speak but leave dwse comments for the Board
to consider:
TO: The County Board of Supervisors
From: Diane Fisk-Arney
Telephone 510-253-0996
January 14, 1996
I work under the supervision of Chaplain Charles Tinsley at Juvenile Hall. From my
own personal experiences in counseling the children detained there , 1 feel am one
of the few non-judgemental people who are interested in Just "them" that they have
encountered. I would like to emphasize that so many of the children who are detained
at the Hall deservedly, nonetheless are still traumatized from their experiences and
these are children who have not been parented effectively as their home life is so
lacking in spiritual direction, good values , discipline, manners, nurtured caring and
love.
Each week I visit the hall and see as many of the children that I can from the long list
Chaplain Tinsley prepares for me. The children are very receptive to me and are
usually eager to talk to me on a one to one basis. We discuss their problems and try
to discover some sort of new way to look at them and look towards attitude changes.
I talk with the children on a variety of subjects and always check to see if they are
utilizing AA and NA programs and tell them about Bible study. We even talk about
manners but a surprising number of them discuss aspects of suicide.
From my two plus years at the Hall I know the role of the Chaplain is important. The
children know someone will respond to them and try to help them with their fears
from a different perspective than from the Staff. The staff counselors have their hands
full policing the units and with the always full occupancy rate they have little time to
do one-on-one work with the youths. The Chaplain also has a big responsibility
screening the many volunteers who come to the Hall. There is a great variety of
people who come and what kind of people they are must be carefully screened by the
Chaplain and cleared by security. The volunteers must be instructed on how to enter
and exit from the Hall as unobtrusively as possible in order not to disturb the regular
routine of the Hall.. This institution is a locked setting and security is always an
extremely important consideration.
In order to oversee the volunteers who come to the hall regularly someone would
have to do the supervision. I think the Chaplain is the person to do this job. He is in
touch personally with the volunteers who provide Sunday Services, mentoring, Bible
study ministry, counseling and Bible distribution and he also coordinates visits with
Pastors who visit their own church members here. He also is called upon by staff to
do crisis counseling from time to time. All people, even if incarcerated, have a right to
seek spiritual counsel and practice their faith through worship. Arranging a Sunday
interdenominational service is a big job and one for a Chaplain and not Staff. Since
the Hall Chaplain also oversees the same things at the Orin Allen Boys Ranch I think
the salary he is paid is a huge bargain for our local tax dollars.
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