HomeMy WebLinkAboutMINUTES - 11142006 - C.128 TO: BOARD OF SUPERVISORS 1 = Contra
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FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR �� -_--_�:-�, -:.'a Costa
DATE: NOVEMBER 14, 2006 �o•.. _ ,,-c3
SpA- ----- County
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SUBJECT: APPROVE A CONTRACT WITH CONTRA COSTA COUNTY PUBLIC WORKS EARLY
CHILDHOOD CENTER DBA KIDS AT WORK.
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
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RECOMMENDED ACTION:
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Approve and authorize the Public Works Director, or his designee to execute a contract with Contra Costa County
Public Works Early Childhood Center dba Kids at Work, a non-profit corporation, in an amount not to exceed
$100,000, from November 1,2006 through January 31, 2008,to provide compensation to the daycare program for
impacts due to the construction of the new Public Works addition. Martinez area. (Public Works Capital Facilities
funds) (District II) j
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FINANCIAL IMPACT:
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This Contract is funded by budgeted Publicl Works Capital Facilities funds.
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CONTINUED ON ATTACHMENT: ❑D SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S):
ACTION OF BOOD N ( I [) i, APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSE !�; � ___—r ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES:
DAT17 SHOWN.
ABSENT: ABSTAIN:
Contact: P.McNamee,Depu irector
PM:df I /
G:\Admin\Diane\Kids at Work\BO Nov 14-06.doc ATTESTED
JOHN CULLEN,CLERK OF THE BOARO OF
SUPERVISORS
cc: County Administrator
County Coa!Rsel
K.Emigh,KAW (.
K.Laws,KAW BY: DEPUTY
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SUBJECT: APPROVE A CONTRACT WITH CONTRA COSTA COUNTY PUBLIC WORKS EARLY
CHILDHOOD CENTER DBA KIDS AT WORK.
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DATE: NOVEMBER 14, 2006
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PAGE: 2 of 2 j
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CHILDREN'S IMPACT STATEMENT
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This Program supports the following Board of Supervisors' community outcomes: "Children Ready for and
Succeeding in School;" "Families that are Safe, Stable, and Nurturing,;" and "Communities that are Safe and
Provide a High Quality of Life for Children' and Families." Expected program outcomes include an increase in
positive social and emotional development. j
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REASONS FOR RECOMMENDATIONS AND BACKGROUND:
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The Kids At Work(KAW)day care center has operated successfully at the Public Works Department for the past 12
years providing day care services for the chitdren of county employees. In the early planning stages of the planning
for the department's new addition we looked at relocating the day care operation to minimize impacts of
construction on the center.It was determined that it was too expensive and logistically difficult to find an affordable
way to move the center. The decision was made to leave the center in place during construction.
In recent months the Department has begunjto modify the site conditions around the day care in anticipation of the
construction of the new addition. This work and the pending construction have caused an impact on the KAW's
ability to fill all of the available spots in the center. In order for the center to stay viable during this construction
time it is necessary for the Department to compensate them for the impacts.The compensation will actually be a cost
savings over the cost to move of the centericonsidered earlier.
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Office of the Clerk of the Board of Supervisors
CONTRA COSTA COUNTY
651 Pine Street., Room 1.06
Martinez, CA 94553
Phi ne: 925. - J>S�
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Flax: 925.335.1913 6710
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Memo of Transmittal
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Date:
Via :
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To: lJ�� r First Class Mail
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C By Hand
r- Interoffice Mail
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��No.wof Co ies �D.ocument � � :
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Notes:
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Contra Costa.County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services-Long Form). Fund/Org#
Revised 2002 Account#
Other#
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1. Contract Identification.
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Department: . Public Works j
Subject'I Child Care Center for employees of Contra Costa County and its agencies.
2. Parties) The Countyof Contra Costa,California(County),for its Department named above and the following
ty P
named Contractor mutually agree and promise as follows:.
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Contractor: Contra Costa Public Works Early Childhood Center d.b.a. Kids At Work
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Capacity: Non-profit
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Address: 255 Glacier Drive, Martinez, CA 94553
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3. Term. The effective date of this Contract is November 1, 2006. It terminates on January 31, 2008 unless
sooner terminated as provided herein. j
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4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ .100,000.
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5. County's Obligations. County shall Imake 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:
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Provide the continued operation and!administration of the child care facility for Contra Costa County
employees and its'agencies during construction activities at the Public Works site.
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J I L-1 (Page I of 2)
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Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services-Long Form)
Revised 2002
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9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
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Government Code Section 26227.
10. Signatures. These signatures attest the(parties' agreement hereto:
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COUNTY OF CONTRA COSTA, CALIFORNIA
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BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
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By ,. By
b ee Deputy
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CONTRACTOR
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Name of b siness entity _ Name of business entity
By ekA,,'\- I -
(Signature of in idu officer) By( .�"'"� �� VS
b Cn mIoqV -2v,,t f16Ve�L.ic
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(Print name an title A, if applicable)
(Print name and title B, if applicable)
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Note to Contractor: For Corporations(profit or nonprofit), the contract mast be signed by two officers. Signature A mast be that of the
president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations
Code Section 313). All signatures toast be acknowledged as set forth on Form L2.
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II L-1 (Page 2 of 2)
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• Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-2 (Purcha;se of Services - Long Form)
Revised 2002
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APPROVALS
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RECOMMENDED BY DEPARTMENT I FORM APPROVED
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COUNTY COUNSEL
By: c.�� G%l LL By:
Designee Deputy
I GHR I lYLZ
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APPROVED: COUNTY ADMINISTRATOR
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By: �( IY16
signee
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ACKNOWLEDGMENT
STATE OF CALIFORNIA
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COUNTY OF CONTRA COSTA )
On i, before rnsert name and title of the officer ersonally appeared_
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personally known to me (or proved to me on the of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrumeand acknowledged to me that
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he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of whi e person(s) acted, executed the instrument.
WITNESS MY HAND AND i FFIC SEAL.
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Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code y 1 1 S9)
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L-2 ( Page I of 1)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
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On November 7, 2006 before me, (LISA A. DALZIEL, Notary Public, personally appeared
KEVIN EMIGH & CATHY LUEDERS, personally known to me to be the person(s) whose
name(s) are subscribed to the within instrument and acknowledged to me that they
executed the same in their authoiized capacities, and that by their signature(s) on the
instrument the person(s), or the ehItity upon behalf of which the person(s) acted, executed
the instrument.
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! WITNESS my hand and official seal.
LISA A. DALZIEL
_] COMMW M# 1690124 j
R rV P ble -Cmirartlo !
! Courtly
! Wccrr r 20,2010 I i
! i Sig t re f Notary Pubic
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Contra Costa County PNIMF.N I PROVISIONS Number
Standard Forn.i P-1 (Fee Basis Contracts - Long and Short. Form)
Revised 2002
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1. Payrnent Amounts. Subject to die Payment l inilt of this Contract mid subject to the following Payment
Provisions,County will pay Contractor the following fee as full compensation (or all services,work-,expenses
or costs provided or incurred by Contractor
[Check one.altcrnative only.]
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❑ a. $0.00 Iliondily, or I
❑ f1. 5 per unit, as defined in elle Service Plan, or
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❑ c. S after completion of all obligations and conditions herein.
® d. 011ier: $30,000 clfective 11/1/06. $5,000. monthly beginning 12/1/06 diru 1/31/08.
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2. Paynient Demands. Contractor shall$llbinit.wrtten demands for payment oI1 Courtly Demand Form D-15 IIl
the niminer Gild form prescribed by Collllty. Contractor shall submit said demands for paynleIlt i)o later than
30 days fi-onl the end of die month in which the contract services upon which such demand is based were
actually rendered. Upon approval ofpaynlent demands by the head of the County Department for which this
Contract is made, or Ills designee, LouIlly will make payincllts as specified in Paragraph 1. (Payment
Ainounls) above.
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3. Penalty. for Late Submission. If County is unable to obtain reilnbursenlent from die State of California as a
result.of Contractor's failure to subniP to County a tiniely demand for payment as specified in Paragraph 2.
(Payment Denlamis)above,County shall not pay Contractor for such services to the extent County's recovery
j of'funding is Prejudiced by the delay k-cn though such services were fully provided.
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4. light to Withhold. County has the right.to withhold payment.to Contractor when, III the opinion of County
expressed in writing to Contractor, (a) Contractors herfor lance, in Natic.11e or in part, either has not.been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate widi any inspection, review or audit of its program, .work or records, or (c)
Contractor has failed to sufficiently itlerni e or document.its deuiand(s) for paynient.
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5. Audit.Exceptions. Contractor;tt,n-ces to accept reslxonsibility for receiving,replying to,ailcf/or conlplyingwith
Duly audit exceptions by appropriate comity, state or federal audit.agencies resulting from its performance of'
this Contract. Within 30 days of denl�and,Contractor shall pay County the 11111 amount of County's obligation,
if any, to the state surd/or federal g6verrinicnt resulting from ally audit exceptions, to the extent such are
attributable to Contractor's failure tOi perforin properly any of its obligations Under this Contract.
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Initials: ,
Contract.r County Dept..
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Form P-1 (Page 1 of 1)
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Contra Costa County SERVICE, PLAN OUTLINE Number
Standard Form L-3 (Purchase of Services—Long Form)
Revised 2002 j
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SERVICE PLAN
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This agreement provides a grant to compensate the Contra Costa Public Works Early Childhood Center, d.b.a.
Kids at Work (KAW) Childcare Center for impacts due to construction activities at the site. In consideration for
the grant, KAW agrees to continue to administer and operate an infant/preschool childcare program for eligible
children in accordance with Title 22, Division 12, of the California Code of Regulations.
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The childcare center serves children between the ages of eight weeks and enrollment in kindergarten where one or
both parents are employees of Contra Costa County or its' agencies. The childcare facility is licensed by the State
of California for both infant/toddler care and pre-school care. The number of children in each program may vary,
depending on demand,with up to a maximum of 40 children permitted by the State License.
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The program is operated in a 36' x 60' building owned by the Public Works Department and located on County-
owned land adjacent to the County Public (Works Department offices. The Center is operated from 6:30 a.m. to
6:00 p.m., Monday through Friday, and observes the same holidays as County employees. Staffing ratios are
maintained per the requirements of Title 22, Division 12, of the California Code of Regulations. Records and
reports are prepared and submitted in accordance with the Code and copies are available to the County. At the
request of the County, KAW shall, in a timely manner, provide to County reports on its criteria for accepting
eligible children, charges and rates for such services,and such other information as may be requested by County.
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Initials:
K L
County Department Contractor
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Contra Costa County INUMUCI
Standard Form L-4
Revised 2002 SPECIAL CONDITIONS
(Purchase 6f Services -Long Form)
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I. Insurance. Paragraph 19 (Insu ance) of the General Conditions is hereby deleted in
its entirety and replaced with the following paragraph:
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"19. Automobile Insurance During the entire term of this Contract and any
extension or modification thereof, Contractor shall. keep in effect a policy or
policies of motor vehicle liability insurance for any use Contractor makes of a
private automobile in the performance of this Contract, as required by State
law. Not later than they effective date of this Contract, Contractor shall provide
County with a certificate(s) of insurance evidencing the above liability
insurance."
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Initials:
Contractor County Dept.
;I Form L-4 (Page I of 1)
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Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (PurchaI se of Services -Long Form)
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Revised 2003
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1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local
laws and regulations 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.
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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.
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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.
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a. Retention of Records. 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.
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b. Access to Books and Records of tontractor, Subcontractor. Pursuant to Section 1861(v)(1) of the
Social Security Act, and any regulations l promulgated thereunder, Contractor shall, upon written request and
until the expiration of four years after they furnishing of services pursuant to.this Contract, make available to the
County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly
authorized representatives, this Contract and books, documents, and records of Contractor 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, the Secretary, the Comptroller General, or
any of their duly authorized representatives, the subcontract and books, documents, and records of the
subcontractor 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.
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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.
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5. Termination and Cancellation. i
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L-5 (Page 1 of 6)
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• a. Written Notice. This Contract may,be terminated by either party, in its sole discretion, upon thirty-day
.advance written notice thereof to the other,land may be cancelled immediately by written mutual consent.
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b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,
County may proceed with the work in any reasonable manner it chooses. The cost to County of completing .
Contractor's performance shall be deducted from any sum due Contractor under this Contract, without prejudice
to County's rights to recover damages.
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C. Cessation of Funding. Notwithstanding Paragraph 5.a. 'above, in the event that federal, state, or other
non-County funding for this Contract cease's, this Contract is terminated without notice.
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6. Entire Agreement. This Contract contaiizs 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 lProcedures. 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 Contractor and
County. 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. Informal .Agreements may not
enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided
herein. Informal Agreements may be approvled and signed by the head of the county department for which this
Contract is made or its designee.
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8. Modifications and Amendments.
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a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject
to any required state or federal approval.
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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 Contractor and the County
Administrator (or designee), subject to any required state or federal approval, provided that such administrative
amendment may not materially change the Payment Provisions or the Service Plan.
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9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or
performance of this Contract shall be subject to final written determination by the head of the county department for
which this Contract is made, or his designee, it in accordance with the applicable procedures (if any) required by the
state or federal government.
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10. Choice of Law and Personal Jurisdiction.
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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.
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b. Any'action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,
State of California.
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L-5 (Page 2 of 6)
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Contia Costa County GENERAL CONDITIONS
Standard Form L75 (Purchase of Services -Long Form)
Revised 2003
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11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws
touching upon the subject of this Contract be I adopted or revised during the term hereof, this Contract shall be
deemed amended to assure conformance with such federal or state requirements.
12. No Waiveln by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or
approvals, or statements by any officer, agent ori employee of County indicating 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 jthese acts, shall not relieve 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.
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13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of
Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or
federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this
Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or
otherwise.
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14. Independent Contractor Status. This Contract is by and between two independent contractors and is not
intended to and shall not be construed to creaIte the relationship between the parties of agent, servant, employee,
partnership,joint venture or association.
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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 they know orjhave reason to know they have a financial interest under California
Government Code Sections 87100, et seq., or.otherwise.
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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: I
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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.
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.
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17. Nondiscrli iminatory Services. Contract lor 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, ethnic background,
disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
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L-5 (Page 3 of 6)
Contractor County Dept.
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Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purcha'se of Services-Long Form)
Revised 2003 j
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18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless 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 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,County or its officers or employees. Contractor will reimburse County for any expenditures,
including reasonable attorneys' fees, Countymay make by reason of the matters that are the subject of this
indemnification, and, if requested by County,I will defend any claims or litigation to which this indemnification
provision applies at the sole cost and expense of Contractor.
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19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall
keep. in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the
Special Conditions:
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a. Liabilitv Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
Contractor shall provide comprehensive j 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 lof use thereof, arising from each occurrence. Such insurance shall be
endorsed to include 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 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 Contractor's
insurance policy or policies. For all I contracts where the total payment limit is above $500,000, the
aforementioned insurance coverage to belprovided by Contractor shall have a minimum combined single limit
coverage of $1,000,000, and Contractor shall be required to provide County with a copy of the endorsement
making the County an additional insured�on all general liability, worker's compensation, and, if applicable, all
professional liability insurance policies as required herein no later than the effective date of this Contract.
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b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its
employees.
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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(les) 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.
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d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a
provision'for thirty (30) days written notice to County before cancellation or material change of the above
specified:coverage.
20. Notices.�1 All notices provided for by this Contract shall be in writing and may be delivered by deposit in the
United State sll I ail, postage prepaid. Notices;to County shall be addressed to the head of the county department for
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Initials:
L-5 (Page 4 of 6)
Contractor County Dept.
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Contra Costa County GEN, E.RA.L CONDITIONS
Standard Form L75 (Purchase of Services -Long Form)
Revised 2003
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which this Contract is made. Notices to 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 County shall be the date of receipt by the head of the county department for which this Contract is made.
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21. Primaev 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.
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22. Nonrenewal. Contractor understands andi 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 purchasing all or any such services from Contractor.
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23. Possessory.Interest. If this Contract results in Contractor having possession of, claim 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. I
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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 County or
Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed
by either party to this Contract.
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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, County reserves the right to copyright, and Contractor agrees not to copyright, such
material. If the material is copyrighted, 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.
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 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 ink any commercially produced advertisements designed to promote a
particular brand narne 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, ICounty officers, or others who may be authorized by the Board of
Supervisors or by law to receive such views.
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L-5 (Page 5 of 6)
Contractor County Dept.
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Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
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27. Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year
ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an
audit conforming to the requirements set forth in the most current version of Office of.Management and Budget
Circular A-133. (B)If Contractor is funded by fess than $500,000 in federal grant funds in any fiscal year ending
after December 31, 2.003 from any source, but such grant imposes specific audit requirements; Contractor shall
provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in
federal grant funds in any fiscal year ending aftelr December 31, 2003 from any source, Contractor is exempt from
federal audit requirements for I
that year, however, Contractor's records must bel available for and an audit may be required by, appropriate officials
of the federal awarding agency, the General Accounting Office(GAO), the pass-through entity and/or the County. If
any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in
(A), (B) and (C)above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost.
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.
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28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents
and warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
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�I L-5 (Page 6 of 6) '
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Contractor County Dept.
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