HomeMy WebLinkAboutMINUTES - 01051999 - C111 .. : : . :::: ... ... : : .. .:::: .: ::
BOARD OF SUPERVISORS Costa
Contr
FROM: PHIL BATCHELOR, County Administrator County
DATE: January 5, 1999
SUBJECT: VOLUNTEERS IN PROBATION CONSULTING CONTRACT •'` � � '`
-
q'
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the County Probation Officer to execute a contract with Ms. Mari
Metcalf in the amount of$36,084.00 to provide consulting services for the Volunteers in Probation'
Program from January 1 through September 30, 1999.
BACKGROUND:
This contract {position was originally established in the Fall of 1996 under the SafeFutures Grant
program. Ms. Metcalf has replaced the original volunteer coordinator, Jennifer Goldstock,
effective December 1, 1997. Ms. Metcalfs last contract expired on August 31, 1998 and was
extendedto September 30, 1998. Pending notification of continued SafeFutures funding, it was
necessary to enter into two short-term contracts for the period October 1 through December 31
1998, that were within the approval limit of the County Purchasing Agent. In anticipation of
continued funding, it is requested that a long-term contract be approved that coincides with the
Federal fiscal year ending September 30, 1999.
FISCAL IMPACT:
These services are funded through the SafeFutures grant. As of this date, we do not have
approval for third-year funding of SafeFutures programs, however, continued funding is expected.
The Probation Department agrees to accept fiscal responsibility for the contract should
SafeFutures funding not materialize.
CONTINUED ON ATTACHMENT: SIGNATURE:
B --- -._--- RECOMMENDATION OF COUNTY ADMINIS RECOMMENDATION OF
BOARD COMMITTEE �
APPROVE OTHER
SIGNATURE(S):
A OF BOARD ON ;VnM A .", llft APPROVE AS
RECOMMENDED _~
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
_UNANIMOUS(ABSENTAND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED K.LL I;!k
CONTACT:TERRENCE STARR(925)393-4180 PHIL BATCHELOR,CLARK 6F THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: PROBATION
COUNTY ADMINISTRATOR
AUDITOR-CONTROLLER
BY
TY
t���a
Contra Costa County Number -
Stsn and Form 1/87 STANDARD CONTRACT Fund/Org#3000
(Purchase of Services) Account#2M
1. Contract IdendExation. Other#
Department: Contra Costa County Probation Department
Subject: Volunteers in Probation Program
2. . The County of Contra Costa, California (County), for its Department named above, and the following
named Contractor mutually agree and promise as follows:
Contractor: Mari Metcalf
Capacity: Consultant Taxpayer ID #570-11-7328
Address: 1970 Curtis Street#11, Berkeley, CA 94702-1658
3. Tlrm. The effective date of this Contract is_January_ 1, 1999 it terminates September 30, 1999 unless sooner
terminated as provided herein.
4. EUment Limit. County's total payments to Contractor under this Contract shall not exceed $ 36,084.00.
5. CauuU'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 OWigations. 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 CondWons. 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: "Safefutures" Project.
9. ILal Aum. This Contract is entered into under and subject to the following legal authorities: California
Government Code: Sections 31000 and 53703.
10. Ste. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By__ •fit_ --'' By
Chairman/Designee Deputy
CONTRACTOR
By By
Consultant
(Designate business capacity A) (Designate business capacity B)
Note to o lla w,For Corporatlons(protlt or 111111- I the contract mast be dgn ed by two officers. Signature A mast be that of the president or vice-preddW and Signature B must be that
Of the secretary or assistant secretary(Civil Code Section 1290 and Corporations Code Section 313. All
? sigaatnres must be aciatowhxiged as net forth on page two.
�l;3
Contra Costa County 'q'?" '/
r y .5
Standard Form(Rev. 1195)
APPROVALS/ACKNOWLEDGMENT
Number 35562-A
APPROVAL
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
e 'gnee
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
ACIKNOWL.EMMM4T ft Corporation.ParmerMip,or indlvidval)
(Civil Code 11189)
Contra Costa CountyStandard Form 5/91
SPECLL4LL CONDITION
WITHHOLDING AND DEDUCTIONS
Number 35562-A
1. Wit hnl W9 and Deduce. Notwithstanding Paragraph 14 of the General Conditions, for purposes
of withholding state and federal taxes and Social Security and Medicare deductions Qnly from payments
due. The Auditor-Controller will make deductions for these purposes as if Contractor was an employee.
Contractor is=a County employee. Contractor is an independent contractor. Contractor further agrees
that the County has no obligation to provide, and Contractor will not be provided with, worker's
compensation insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement,
and health plan coverage.
4,� ,, .•-'' ,,...�
Initials:
Contractor County Dept.
n r1'S
Contract No. 35562-A
Service Plan
• Work with the Chief Probation Officer in duties re. Identification of County
Probation Department needs and program development to meet those needs.
• To Successfully develop recruitment and press campaigns to both publicize the
Project and to recruit volunteers. In 1996, the Office of Juvenile Justice
Delinquency Programs funded the SafeFutures grant of Contra Costa County.
One of the programs for which money was allotted was Volunteers in Probation
(VIP). The goal of the program was to assist the Contra Costa County
Department of Probation in supervising and rehabilitating juvenile offenders
while strengthening delinquency prevention efforts.
• Maintain records, statistics, files on Project and to compile and report such data
monthly, quarterly and at Project end.
• Screen and interview all potential VIP's before placement.
• Provide comprehensive training to all volunteers.
• Develop portfolios and files on all VIP applicants.
• Development of placement procedures and supervision principals,with the
Probation Department in regards to all VIPs. Supervision of volunteers includes
monthly face to face meetings, the collection of monthly write-ups,time sheets
and mileage forms.
• Evaluate, motivate and recognize the V.I.P Project and its collaborates, clients,
and Probation Officers in a diplomatic and professional manner.
• Other duties include,but are not limited to. Public speaking, committee work,
phones and word processing.
Initials:
Contractor C�oun - Dept.
Metcalf Long Contract Jan thru Sept.99
5�j
Contra Costa County Standard Form 6\90
(Cost Basis Contracts)
Number 562-A _
1. payment Back. 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 aQWWly incurred in
the performance of Contractor's obligations under this Contract.
2. rAymot Aamnts. Subject to I=r adjust=s in total Wym= as providW 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]
[X] a. $ , ,676.00 monthly, Plus Expenses (Mileage @$0.325/mile, Other Travel & Misc. Office
Expenses $3,000.00 per contract period)
[ ] b. $ per unit, as defined in the Service Plan, or
[] c. An amount equal to Contractor's allowable costs that are actuallyincurred each month,but
uWe-ct the "Budget of Estimated Program Expenditures" included in the Service Plan.
[ ] d. As set forth in Paragraph 1. of the Service Plan.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with:
[Check applicable alternative]
[X] 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.
[X] 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 organizations other than hospitals.
[ ] 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.
Initials: ' _ .--
Contractor County Dept.
-1-
... .. ......... ..... ._.. 11.11 _
...... .............. .......... ......... ......... .._............ _.
_1111.. 111.1.._. _1111.. .. ......... ......... ......._.
...............................................................................................
_...........................
s'f
Contra Costa County Standard Form 6\90
PAYMEM ERC3VISIO
(Cost Basis Contracts)
Number 35562-A
[ l b. Such State regulations and documents as are set forth in the Service Plan regarding accounting
guidelines, including standards for determining allowable or non-allowable costs.
I 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.
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 R vert and Settlement. No later than fly-five (45) 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 i by Contractor under this
Contract, Contractor shall remit any such excess amount to County.
Initials:
Contractor Co ty Dept.
_....... ......... ......... ........... _-. ..
........................ .......... ......._. ......... ......... ......... ......._. _
......... _.._.... ......... ......... ......... .........
........................................................
Centra Costa County Standard Form 6\90
P'AYM M MUS C>NS
(Cast Basis Contracts)
Number 35M2-A
8. Aim. 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 18 montW from the termination date of 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. Audit Exce tions. In addition to its obligations under Paragraph 8. (Audits) 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.
Initials:
Contractor County Dept.
-3-
r
......................................................................................................................
A` f.:
QUS11QNNMRE FOR DFTER3VI7NiN TND PFNDT+ '�
CONIMACTOR PAJMIM METHOiD'
Number 35562-A
All new or renewal independent contractor agreements that do not meet IRS criteria for independent
contract status must be paid through the payroll system so that withholding taxes and social security can
be deducted (note: this does not apply in the case of contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification number).
For completion by Department Personnel
a. Do I, as the employer, have the right to
control not only the result of the work,
but also the way in which it is done? 1XI I I
b. Am I setting the independent contractors
hours? CXI I I
c. Is the independent contractor restricted
from taking jobs from other businesses at
the same time they are working for me? I I IN
d. Do I or other departments have employee(s)
with similar duties as the independent
contractor? I I [XI
e. Does the County supply assistants to the
contractor? I
f. Is the duration of employment for a
specific period of time rather than a
specific job? [XI I I
g. Does the County furnish training, tools,
or equipment to the contractor? [Xj I I
A "yes" answer to any of the above questions will constitute justification for paying the contractor
through the payroll system.
CONTRACTOR CERTIFICATION PREPARED BY:
I certify that the answers to
the above questions accurately
reflect the anticipated working Jo a Buenger
relationship.
REVIEWED ANDAPP OVED BY:
XL X ~
Mari Metcalf Consultao ignee
Terrence Starr
cc: Auditor-Controller '.
Date a
:r
Contra Costa County Standard Form 1187
COMIMS
(Purchase of Services)
1, CQ a=MM i nw. 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. JwMfio . 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. RMrA . 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. RktCnfiQn 9JRCCar&. 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 mare these records available to authorized
representatives of the County, the State of California, and the United States Government.
b. Access to Books and P-A=r-&Qf CaUIractM Su awntrador. 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. RwQIJIu2 r.,emeents. 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-
Contract 35562-A
Contra Costa County Standard Form 1/87
VERA
(Purchase of Services)
5. T=inatlon.
a. dtten Notk 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 canceled immediately by written mutual
consent.
b. Fafure to a Qrrn. 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. Ceesmdun of Fes, du�in_g. 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. En . 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. EW:tj=SRW1f= tonS W op= Rr#)t Sdum. 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 Contractorand
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. dif tions and AiuendmeiiU.
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. AdminisbmtLye Amendmen . 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. Mit 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-
Contract 35562-A
{ti'
/ J
Contra Costa County Standard Form 1/87
GENERAL COMM
(Purchase of Services)
10. ChOiee of.LM Wd Ptrsmai 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. Conffor a=m nth Fedeol an_d State Rem adws 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. NoM���,�er 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. CQUtract and Assignment. This Contract binds the heirs, 'successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated udder
this Contract and shall not assign this Contract or monies due or to become due, without the prier written consent
of the County Administrator or his designee, subject to any required State or Federal approval.
14. .n=ndent CQnM%d%Sta . 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. Conffigla of I terest. 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. CaUfldmflality. 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 confiden-
tiality, 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-
Contract 35562-A
_.. .... . ......... .........
........ ............. ......... ......... ......... ......... ............ ......
_. ._... ... ......... ......... ......... ................. .....
. .....................................................................................
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 Ser3dee . 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. j= . 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. LiabUity 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
insured 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' Compensadion. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. rdifi ode o_f T_ ur_nom. 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-
Contract 35562-A
Centra Costa County Standard Form 1187
GIj RAL QMMIt)NS
(Purchase of Services)
d. AAdWgnW Inauance Eravl i . 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. . 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. Edu=of GogW C dam. 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. Nonre_„newal.. 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. lQ1=sQry I . 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 107.5, and
waives all rights to further notice or to damages under that or any comparable statute.
24. No T Yr -Warty Beucfidadts. 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-parry beneficiaries
of the obligations assumed by either party to this Contract.
25. C MmIgIlk nd Ri" in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the
Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part,
and to authorize others to do so.
-5-
Contra Costa County Standard Form 1187
Contract 35562-A
(Purchase of Services)
25. 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.
27. Ecderaft Required _A_uri►_t. 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 requirementsset 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, 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 federally-required audit annually and shall submit the audit
to the 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.
-6-
Contract 35562-A