HomeMy WebLinkAboutMINUTES - 10221996 - C45 TO:., , BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director
By: Ginger Marieiro, Contracts Administrator 1 Contra
Costa
DATE: October 22, 1996 County
SUBJECT: Approval of Agreement #23-208 with Bethel Island Fire Protection
District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and Authorize the Chair, Board of Supervisors, on behalf of
its Health Services Department and its Bethel Island Fire Protection
District, to execute Agreement #23-208, in the amount of $119,796,
for the period from October 7, 1996 through October 31, 1997, for
provision of fire paramedic first responder services in the Bethel
Island Fire Protection District.
II. FINANCIAL IMPACT:
Source of funding for this Contract is CSA EM-1 (Measure H) .
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On June 25, 1996, the Board of Supervisors authorized the Bethel
Island Fire Protection District, in conjunction with the
Department's Emergency Medical Services, to undertake a one-year
pilot paramedic program utilizing part-time paramedic/firefighters
as non-transporting first responder personnel. Approval of
Agreement #23-208 will allow implementation of this program.
Measure H funding is .committed for a one-year period, during which
time the program will be evaluated from an operational and emergency
medical response perspective. Continued operation beyond the first
year is dependent upon the program's success and the availability of
funding.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG"NATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED -1/ 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: Art Lathrop (646-4690) OCT 22
CC: Health Services (Contracts) ATTESTED lei
Risk Management Phil Batchelor,Cleric of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M38217-83 BY DEPUTY
q
Contra Costa County Number 23-208
FIRST RESPONDER (PARAMEDIC) AGREEMENT Fund/Org # 7406
Account # 2406
Other #
1. Contract Identification. .
Department: Health Services - Emergency Medical Services
Subject: Emergency Medical Services - First Responder (Paramedic)
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: BETHEL ISLAND FIRE PROTECTION DISTRICT
Capacity: County Governmental District
Address: 3045 Ranch Lane, Bethel Island, California 94511
Mailing Address: P.O. Box 623, Bethel Island, California 94511
3. Term. The effective date of this Contract is October 7, 1996, and it
terminates September 30, 1997 unless sooner terminated as provided herein.
4. County's Obligations. County shall provide, via its emergency ambulance contractor(s)
emergency ambulance response to requests for emergency medical services originating
within Contractor's area of response.
5. 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.
6. 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 part the County's Local Emergency Medical
Services Plan in that it provides for emergency medical first responder services.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Health and Safety Code Sections 1797 et seq. , and California
Government Code H 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA CALIFORNIA
BOARD SUPER SORS ATTEST: Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
* 6zA
By By
a an/Designee Deputy
CONTRACTOR
By By XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(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 5 1190
and Corporations Code 5 313). All signatures must be acknowledged as set forth on page two.
SERVICE PLAN
Number-23-208
I . SERVICE ACTIVITIES . Contractor shall provide prehospital emergency
medical first responder services, within the Bethel Island Fire Protection
District, until patient care is assumed by ambulance or receiving facility
personnel . In performing services hereunder, Contractor shall work
cooperatively with the County' s Emergency Medical Services Agency.
A. Contractor shall provide said prehospital emergency medical first
responder services, without interruption, 24 hours per day, 7 days per week,
during the term of this agreement .
B . Contractor shall provide said prehospital emergency medical first
responder services without regard to the patient ' s race, color, national
origin, religious affiliation, age, sex, or ability to pay.
C. Contractor agrees that the performance of services under this
Agreement shall conform to high professional standards and shall comply with
all applicable emergency medical policies and guidelines as established by
the Contra Costa County EMS Medical Agency.
D. Contractor shall designate one staff person with overall
responsibility for EMS program coordination within the Agency.
E. Contractor shall participate in an approved First Responder
Defibrillation program according to Contra Costa County policies and
procedures .
F. Contractor shall request and receive written approval from the
County EMS Agency to conduct a First Responder Paramedic Program. Contractor
shall agree to meet County standards for First Responder Paramedic programs .
II . PERFORMANCE STANDARDS
A. Contractor' s response time on requests for prehospital emergency
medical first responder services originating from within the primary service
area shall meet the following performance standards :
1 . Contractor shall place a first responder unit at the scene of
each emergency call for medical assistance within 5 minutes of its receipt of
the call at the fire dispatch center on not less than 90% of the responses
within any consecutive thirty-day period.
2 . Contractor' s response times shall be calculated on a monthly
basis to determine compliance with the standard set forth in Section II .A. l .
3 . In the event a First Responder Unit is reassigned enroute from
one call to another before arrival at the scene of the first call, the
response time clock shall not stop on the first call until the arrival of a
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1 Contractor County Dept.
o
G•7'`'
SERVICE PLAN
Number-23-208
First Responder Unit at the scene of the first call . Each call shall keep
its separate response time measurement .
B. In the monthly calculation of Contractor' s performance to determine
compliance with the response time standards, every emergency request
originating from within Contractor' s primary service area shall be included,
except the following:
1 . In case of a multiple-response incident (e.g. , where more than
one first responder unit is sent to the same incident) , only the response
time of the first-arriving unit staffed and equipped to provide emergency
medical first responder services, shall be counted.
2 . During a Multi-Casualty Incident (MCI) , fire mutual aid, or
declared disaster in the County of Contra Costa, or in a neighboring
jurisdiction which has requested assistance from the County.
3 . Delays resulting from incorrect or inaccurate dispatch
information, disrupted voice or data radio transmission, mobile data terminal
failure, unavoidable telephone communications failure, nonexistent address,
inability to locate patient due to patient departing the scene, delays caused
by traffic secondary to the incident, unavoidable delays caused by road
construction, unavoidable delays caused by trains, or off-road locations .
4 . Delays resulting from adverse weather conditions .
III . PERSONNEL/TRAINING
A. Contractor shall assure that prior to assignment on a first
responder unit, all personnel are oriented to the following:
1 . County EMS policies and procedures
2 . EMS system overview
3 . County Multicasualty Incident Plan
B. Contractor shall establish a critical incident stress debriefing
program and an ongoing stress reduction program for its first responder
personnel .
C. Contractor shall provide all first responder personnel with the
training, knowledge, and skills to effectively manage patients with
psychiatric, drug/alcohol or other behavioral or stress related problems, as
well as difficult or potentially difficult scenes on an ongoing basis .
Emphasis shall be on techniques for establishing a climate conducive to
effective field management, and for preventing the escalation of potentially
volatile situations .
Initials: j
2 Contractor County Dept.
(.,r
SERVICE PLAN
Number-23-208
D. Contractor shall offer all currently recommended immunizations and
health screening to its high risk personnel . Contractor shall develop and
strictly enforce policies for infection control and contaminated materials
disposal to decrease the chance of communicable disease exposure in
accordance to existing regulations (Title 8, Division 1, Chapter 4 -
California Code of Regulations, and OSHA 1910 . 1030) .
E. Enhanced EMS First Responder Program - Paramedic .
1 . The County EMS Medical Director shall be designated as the
Bethel Island Fire Protection District Medical Director to oversee medical
aspects of the program including clinical review, quality improvement, and
training.
2`: Contractor shall staff each responding paramedic unit with a
minimum of one paramedic, currently licensed in California and accredited in
Contra Costa County.
3 . All of Contractor' s personnel normally respond to emergency
medical requests shall be currently certified as EMT-I ' s or EMT-P ' s in
California. (This requirement, however, shall not apply to personnel who are
volunteers or "paid on-call" staff . ) Contractor shall maintain on file at
all times, copies of current and valid credentials for all emergency medical
personnel performing services under this Agreement .
4 . All paramedics shall be currently certified in Advanced
Cardiac Life Support (ACLS) according to American Heart Association standards
prior to performing services under this Agreement .
5 . All paramedics shall successfully complete either a Basic
Trauma Life Support (BTLS) course approved by the American College of
Emergency Physicians or a Prehospital Trauma Life Support (PHTLS) course
approved by the American College of Surgeons, prior to working as a first
responder paramedic .
6 . Contractor shall develop and implement a training program,
approved by the EMS Agency, to prepare non-paramedic responders to assist the
first responder paramedic in providing patient care .
7 . Contractor shall assure that prior to assignment on a first
responder paramedic unit, all personnel are oriented to the following:
a. First Responder Paramedic and EMT-I roles and
responsibilities;
b. Medical radio communications (ambulances, base hospitals,
receiving hospitals, County Communications Center) ; and
C. Medical equipment utilization and maintenance .
Initials:
3 Contractor County Dept.
SERVICE PLAN
Number-23-208
8 . The Contractor shall establish a "provisional assignment"
program for first responder paramedics subject to approval of the County EMS
Medical Director. The provisional assignment program shall provide for
review of each patient contact within 72 hours by the Contractor medical
director until the new first responder paramedic is approved by the County
EMS Medical Director for continued first responder paramedic assignment .
9 . The Contractor' s EMT-I and paramedic personnel shall comply
with all training requirements as established by the State of California and
all applicable provisions of the Contra Costa County Prehospital Care Manual
and EMS Agency policies .
10 . The Contractor agrees to facilitate and encourage its
personnel to participate in relevant training provided by ALS base hospitals .
IV. QUALITY IMPROVEMENT
A'. Contractor shall follow Contra Costa County EMS Policies regarding
medical Quality Assurance and Quality Improvement .
B. Contractor shall participate in the creation of a comprehensive
medical Quality Improvement Program for the County EMS system.
C. Contractor shall implement a program for clinical review and QI,
with medical oversight by an emergency physician or registered nurse with an
EMS background, which meets County standards .
V. MEDICAL CONTROL. Contractor acknowledges and agrees that :
A. The Contra Costa County EMS Medical Director shall have overall
responsibility for medical control for all First Responder Defibrillation,
EMT-I Advanced Airway, and Paramedic programs in the county.
B. Medical control is exercised prospectively through policies,
protocols, and training established and approved by the Contra Costa County
EMS Medical Director.
C. Base Hospitals designated by the EMS Medical Director provide on-
line medical direction and consultation on medical and patient related
issues .
D. Retrospective medical control includes monitoring, quality
improvement, incident review, and disciplinary processes conducted by the
provider agency, base hospital, Contra Costa County EMS Agency, and the State
EMS Authority.
Initials:
v
4 Contractor County Dept.
SERVICE PLAN
Number-23-208
VI . EQUIPMENT
A. Each First Responder Paramedic Unit shall carry emergency medical
equipment and supplies, consistent with level of training of personnel, as
required by Contra Costa County. Vehicles, equipment and supplies shall be
maintained in good working order, consistent with the manufacturer' s
specifications .
B. Contractor' s plan for replacement of expendable equipment and
supplies shall be self-sufficient and shall not rely on transporting agencies
stock or billing services unless agreed to in writing by transporting
agencies .
C. Contractor, in addition to existing fire radios, shall equip each
first responder paramedic unit used in providing service to the County with
a 4-channel portable radio for communication on County' s MEDARS radio system,
and a cellular telephone for prehospital to base hospital communications .
VII . COOPERATION WITH EVOLVING EMS SYSTEM
A. Contractor agrees to participate and assist in the development of
system changes subject to negotiated costs, if any. Equipment and supply
requirements may be changed by the EMS Agency to meet changes in related
technology.
B. County representatives may, at any time and without notification,
directly observe the Contractor' s facilities and operations . The County
representative shall conduct themselves in a professional and courteous
manner, shall not interfere with the Contractor' s employees in the
performance of their duties and shall at all times be respectful of the
Contractor' s employer/employee relationships .
C. The medical responder with the highest level of accreditation -
Defibrillation, EMT-I, EMT-I Advanced Airway, or Paramedic - on the scene of
a medical emergency is responsible for patient care until the patient has
been released to other medical personnel in the field in accordance with EMS
policy and procedures, or until the patient is released to appropriate
medical personnel at a designated ambulance receiving facility.
First responder personnel with Paramedic accreditation must be prepared to
accompany the patient in the ambulance to a designated ambulance receiving
facility whenever an appropriate patient turn-over cannot be achieved.
VIII . RECORDS AND REPORTING REQUIREMENTS
Contractor shall comply with the following record-keeping and reporting
requirements :
Initials:
5 Contractor County Dept.
SERVICE PLAN
Number-23-208
A. Implementation Report . Contractor shall report quarterly to the
County its progress in the development, implementation, and operation of
First Responder Paramedic Units .
B. Records . Contractor shall provide, in a timely and regular manner,
all records, information and reports requested by the Medical Director to
evaluate the emergency medical services provided by the Contractor under this
Agreement, including, but not limited to, the following:
1 . Response Data and Performance Report . Contractor shall
maintain data on EMS responses including number of responses, location, date
and time, nature of call, response time (elapse time from receipt of call to
time on scene) , and basic patient data from patient care report . Monthly
data reports to be submitted in a form established by County EMS .
2 . Patient Care Report Form. Contractor shall provide
appropriate patient care documentation for every patient contact in Contra
Costa County, with or without transport . The Contractor shall ensure that a
Contra Costa County Patient Care Report is accurately completed and
distributed according to County EMS Policies and Procedures .
3 . Personnel Reports . The Contractor shall provide a roster of
currently accredited Paramedic personnel to the EMS Agency annually.
IX. PATIENT BILLING. Policies and rates for patient billing shall be
subject to approval by the EMS Agency.
Initials: /
6 Contractor County Dept.
EXHIBIT A
Number: 23-208
PAYMENT PROVISIONS
1 . Payment Limit. County' s total payments to Contractor under this
Contract shall not exceed $119,796 .
2 . Payment Amounts . Subject to the following Payment Provisions,
County will pay Contractor the following fee as full compensation for
all services, work, expenses or costs provided or incurred by
Contractor:
a. County shall reimburse Contractor, an amount not to exceed
$13 , 635 . 67, for paramedic program start-up costs including,
but not limited to, the purchase of paramedic uniforms,
medical supplies, and medical equipment, as follows :
1 . A one-time-only payment of $10 , 000 payable upon execution
of this Contract; and
2 . $3, 635 .67, payable, after approval of a properly
documented demand form which includes documentation of
Contractor' s actual expenditures for start-up costs .
b. County shall pay Contractor for on-going paramedic program
costs, not to exceed a total of $106 , 160 . 24, as follows :
1 . (a) $8 , 846 . 69 monthly, payable upon demand, following
each calendar month in which paramedic first
responder services are provided;
(b) A reduction from the monthly payment set forth
above, in the amount $12 . 12 per hour will be made
for each hour or portion thereof that Contractor is
not able to provide paramedic first responder
services when such services are not provided for
more than two consecutive hours .
2 . Monthly invoices shall document any periods exceeding two
consecutive hours during which paramedic services were
not available .
3 . Subject to the payment limit for ongoing program costs as
set forth in paragraph 2 .b, above, upon Contractor' s
request, County shall deposit with Contractor an initial
amount not to exceed $10, 000, which Contractor may draw
upon to pay on-going paramedic program costs as incurred.
.Initials :
Contractor Co ty Dept .
SPECIAL CONDITIONS
Number 23-208
Insurance. Paragraph 19. (Insurance) is hereby deleted in its entirety.
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS e.0
(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 keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract.through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract:shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such-subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Contra Costa County Standard Form 1/87t�
GENERAL CONDITIONS • `
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. _ Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Dbputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2
C atra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions,inspections
or approvals, or statements by any officer, agent or employee of the County indicating the.Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
3
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS C,
(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 1/87
GENERAL CONDITIONS CO
(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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