HomeMy WebLinkAboutMINUTES - 06081993 - 1.103 TO: BOARD OF SUPERVISORS 1 ,103
Mark Finucane, Health Services Director V""rn,�, Cwtra
FROM: By: Elizabeth A. Spooner, Contracts Administrator
Costa
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DATE: May 27, 1993 Cour
SUBJECT: Approval of Standard Contract #24-351-19 with La Cheim J!!
Residential Treatment Center
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the
County, Standard Contract #24-351-19 with La Cheim Residential Treatment Center in
the amount of $175,200, for the period July 1, 1993 through June 30, 1994, for
operation of two residential group home programs for disturbed adolescents and
latency-age children in Contra Costa County.
II. FINANCIAL IMPACT:
This Contract is included in the Health Services Department budget projections for
Fiscal Year 1993-94 and is funded by County/Realignment and County funding,
estimated as follows:
$ 156,500 County/Realignment Funding
18.700 County Funds
$ 175,200 Total Contract Payment Limit
There is no increase in the baseline payment limit or the fee rate over the prior
Fiscal Year.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
La Cheim Residential Treatment Center operates two residential group home programs
providing residential treatment for mentally disturbed adolescents and latency-age
children in this County (Transitional Residential "Off-Site" Programs) .
Approval of Standard Contract #24-351-19 will allow the Contractor to continue
providing its residential treatment services through the end of this Fiscal Year
1993-94.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD COM ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Lorna Bastian (313-6411)
OF SUPERVISO ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED
Risk Management NJ helor,MIM otthe 803rd of
Auditor—Controller Supervisors and CGunty Administrator
Contractor
M362/7-83 BY �� ' DEPUTY
Contra Costa County1 103 Number 24-351-19
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5952
(Purchase of Services) Account # 2320
Other #
1. Contract Identification.
Department: Health Services - Mental Health Division
Subject: Operation of Residential Group Home Programs Providing Residential
Treatment for Mentally Disturbed Adolescents and Latency-Age Children in
Contra Costa County (Transitional Residential "Off-Site" Programs)
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: LA CHEIM RESIDENTIAL TREATMENT CENTER
Capacity: Nonprofit California Corporation Taxpayer ID # Not Applicable
Address: 5741 Telegraph Avenue, Oakland, California 94609
3. Term. The effective date of this Contract is July 1. 1993 and it terminates
June 30. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $175,200.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Pro ect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Current Contra Costa County Mental Health Services Performance Contract #29-469 with
the State Department of Mental Health (under W & I Code Sec. 5650 et seq. ) and any
modifications, revisions, or renewals thereof.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Welfare and Institutions Code, Division 5, Part 2, Section 5600 et
seq. (The Bronzan-McCorquodale Act) ; California Code of Regulations, Title 9,
Subchapter 3, Section 523 et seq. (Community Mental Health Services) , and Title 22; and
California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA. CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supe isors and County Administrator
By 1\ /avl /�'(V 54N� By
Chairman/Designee Deputy
/ CONTRACTOR
BY
By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit and nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87,
APPROVALS/ACKNOWLEDGEMENT
Number 24-351-19
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By B
Designee
APPROVED: COUNTY ADMINISTRATOR
By .
r
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County C'OS-CA
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated:
[Notarial Seal]
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(Fee Basis Contracts)
Number 24-351-19
1. Payment Amounts. Subject to the Payment Limit of this Contract and 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:
[Check one alternative only. ]
[ ) a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[R] d. (1) Adolescent Program: At the rate of3S 0.00 per service unit as defined in
the attached Service Plan for the provision of not more than 3285 service
units, not to exceed a total of9S 8 .550 during the term of this Contract;
and
(2) Latency Acte: At the rate of $42.00 per service unit as defined in the
attached Service Plan for the provision of not more than 1825 service
units, not to exceed a total of $76,650 during the term of this Contract.
2. 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 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (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.
4. 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.
5. Audit Exceptions. 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.
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1 Contractor County Dept.
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-351-19
6. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, 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.
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SERVICE PIAN
Number 24-351-19
1. Scope of Services. Contractor shall provide two residential group home treatment
programs for mentally and emotionally disturbed children and adolescents who are residents
of Contra Costa County. One program will provide services for adolescents and the other will
provide services for latency age children. Contractor shall maintain on file a program plan
and description of its operations and shall make its admission and service delivery policies,
which are incorporated herein by reference, available to the public for inspection.
2. Service Specifications.
Contractor shall provide Residential Treatment Programs specifically directed toward children
and adolescents with severe emotional disturbances who cannot be treated (managed) in
outpatient or day treatment facilities and who are at risk of State hospitalization.
Clients' histories are characterized by multiple placement and/or post placement failures,
numerous acute hospitalizations and often past long term institutionalism. Most clients have
been resistant to past therapeutic intervention and are alienated from the public school
system, their families and community. Contractor shall admit to its programs such patients
who have been screened and referred by County's Case Manager (Contract Liaison) , and
Contractor's staff shall provide additional screening and evaluation prior to admission to
these residential programs. Contractor shall provide an average length of stay for
successful clients of approximately 18 months. In providing services hereunder, Contractor
shall operate separate residential group home treatment programs for County, as follows:
a. Adolescent Program.
(1) Contractor shall operate licensed residential group home facilities to
provide community-based residential treatment services for Contra Costa County adolescents
with severe emotional and mental problems targeted at proactive "ecological" intervention,
family reunification, and facilitating the clients' return to independent functioning in the
community.
(2) Contractor shall service the target population described below:
(a) Age Ranges: adolescents who are 13 1/2 to 17 1/2 years of age at
time of admission;
(b) Sex: Male and Female;
(c) Diagnoses: Adolescent and Childhood diagnosis, schizophrenia, and
affective and personality disorders as defined in DSM IIIR;
(d) Legal Status: Voluntary placements - Joint Education/Mental Health
Placements under AB 3632 (California Government Code Section 7570) ,
Incorrigibles (sec. 601) , Wards of the County (sec. 602) and
Dependents of the Court (sec. 300) ;
(e) Levels of Impairment: Adolescents admitted will exhibit severe
psychological and behavioral problems which oannot be ameliorated
through out-patient or other community interventions and who are
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SERVICE PIAN
Number 24-351-19
unable to function adequately in their homes, public school or
community; and
(f) Client mix - Acute Extended Care: Extended care as defined by the
State Community Care Licensing Agency, but with significant risk of
acute episodes requiring either local and/or State hospitalization.
b. Latency Acted Residential Program.
(1) Contractor shall operate licensed residential group facilities to provide
community-based residential treatment services for Contra Costa County latency-age children
with severe emotional and mental problems targeted at proactive "ecological" intervention,
family reunification, and facilitating the client's return to independent functioning in the
community.
(2) Contractor shall serve the target population described below:
(a) Children who are 8 to 13 1/2 years at time of entry;
(b) Children with severe emotional disturbances who cannot be treated
(managed) in outpatient or day treatment facilities alone; and
(c) Children who are at risk of State hospitalization.
C. General Service Operations. Contractor's program operations shall include, but
may not be limited to the following:
(1) 24-hour Residential Treatment. Contractor shall provide the following
residential treatment services 24-hours per day, seven days per week:
(a) Psychiatric, social, medical and academic evaluation sufficient to
a comprehensive treatment program;
(b) Individual, group and family therapy;
(c) Individual and group activities in the residential setting that will
develop social, physical, recreational and life skills;
(d) Day-by-day monitoring of each client's progress or regression;
(e) The reduction and elimination, where possible, of psychotropic
medicine; and
(f.) Dental and medical services for which the client is eligible.
(2) Care and Supervision. Contractor shall provide all room, board, care and
supervision for youth hereunder, as required by its community care license and group home
1 ,
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SERVICE PIAN
Number 24-351-19
facility requirements. In addition, Contractor shall provide adequate staffing to give
needed care, treatment, and supervision for children during weekends at each treatment
program facility for adolescents and children who are unable to spend weekends away on
visits, i.e. , for clients who have no appropriate family or community ties that would permit
an overnight visit away from the program facility.
(3) Discharge Criteria and Planning.
(a) Discharge planning is the shared responsibility of Contractor and
County.
(b) Contractor shall contact County immediately if there are emergency
discharges (e.g. acute psychiatric hospitalizations, family's
decision to remove patient from treatment, etc.) .
(c) Contractor shall hold a discharge planning conference with County
staff 90 days prior to planned discharge date. These conferences
will be reviewed at monthly residential subcommittee meetings.
(d) Contractor's discharge planning shall include planning with schools
or vocational placements for training and referral when needed by
the youth and his/her family to appropriate community mental health
or social service agencies for post-discharge services.
(e) Treatment summaries of services that have been provided to patients
shall be made available by Contractor to agencies providing post-
discharge services and who are authorized by State Law to receive
such information.
(4) Case Management.
(a) Contractor's Executive Director and/or staff, as appropriate, shall
participate in administrative clinical meetings with County Mental
Health staff as County's Mental Health Director may require in order
to assure optimal coordination of County Mental Health Services.
(b) County's Case Manager shall be invited to participate in regularly
scheduled treatment reviews. Contractor will be responsible for
case management while the patient is under treatment in the
residential treatment programs hereunder.
(5) Limitation of Service. Only children and adolescents who have been
screened and referred by Contra Costa County Mental Health Services shall be accepted for
shelter care and treatment paid for under this Contract. Children under the age of 8 years
of age or over the age of 17 1/2 are excluded from admission. Further, while gender is not
a criterion for admission to these programs, the residential physical plant requires two
persons per bedroom which, at times, will delay admission of persons who, if admitted without
such delay, would be required to share sleeping quarters with a person of the opposite sex.
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SERVICE PIAN
Number 24-351-19
Contractor will also exclude from admission persons in an acute episode of illness who
require acute hospitalization.
(6) Screened Diversion. Contractor agrees that 50% of the clients it accepts
into each program shall be youth designated as "Screened Diversion" clients by County's
Health Services Department Case Manager. Screened Diversion clients are defined as children
or adolescents who would otherwise be placed in Screened State Hospital or who are returning
from a State Hospital setting, subject to sufficient numbers of referrals of such clients to
Contractor by County's Case Manager. All patients who are admitted to the treatment program
funded by this Contract shall first be screened and referred by County Case Managers.
(7) County Referrals. Contractor's performance assumes that timely case
management services are provided by County's Mental Health Services staff as appropriate.
Contractor and County recognize that Contractor is dependent upon County Mental Health
Services for pre-admission workup and sufficient patient referral.
(8) Data Collection and Reporting. Contractor shall record and report service
units in accordance with the State's Cost Reporting/Data Collection Manual.
3. Service Units and Payment.
a. A unit of service for payment purposes is defined as Contractor's provision of
residential treatment services for one County-authorized client for one 24-hour period during
which the client is admitted to one of the Residential Treatment Programs described in this
Contract, occupies a bed, and receives care and treatment.
b. County shall pay Contractor the specified daily rate for either the day of
client's admission or the day of client's discharge, but not for both.
C. If the client's admission and discharge dates are the same date, County shall pay
Contractor for one service unit.
d. County shall pay Contractor at the specified daily rate for temporary leaves of
no more than ten (10) days per month per client which County authorizes in writing, and from
which client is expected to return to the Program, and Contractor shall keep client's bed
vacant and available for client's return to the Program.
e. County shall pay Contractor at the specified daily rate for a maximum period of
five (5) days per client for each day that Contractor's bed remains vacant following
discharge of a County-authorized client.
4. Program Plan and Description. Contractor shall maintain a Group Home Program Plan and
Description, which shall specify the operating details, plans, policies, procedures, and
timetable by which Contractor will operate the two above-cited residential treatment programs
to provide room, board, care, supervision and treatment for mentally and emotionally
disturbed Contra Costa County youth, and which shall be kept on file in the office of the
County's Children and Adolescent Services Program Chief.
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SERVICE PLAN
Number 24-351-19
5. Program Objectives and Performance Evaluation. Contractor shall provide the above
program services so as to achieve the service program objectives set forth in the
Department's Contract Performance Plan for this Contract which is on file in the Department's
Mental Health Division administrative office and which is incorporated herein by reference.
Contractor's performance under this Contract shall be evaluated by County on the basis of:
a. The degree to which each specified service program objective was actually
achieved, and
b. The total number of service units that were actually provided by Contractor
hereunder.
6. Performance Reports. Contractor shall prepare and submit to County such periodic
performance progress reports as may be required by County's Health Services Department
Director or his designee. No later than August 31, 1994, or 60 days following the
termination of this Contract, whichever comes first, Contractor shall prepare and submit to
County an Annual Contract Performance Report, in the form and manner prescribed by County's
Department Director, or his designee.
7. Quality Assurance and utilization Review Requirements. Contractor shall comply with
requirements and procedures established by the State, County and Federal governments for
quality assurance and utilization review, including, but not limited to, submission of
periodic quality assurance reports to County, staff assignments for utilization review and
coordination duties, use of standardized case record and treatment planning forms, peer
review and medication monitoring.
8. Clients' Rights. Contractor shall comply with existing regulations regarding patients'
rights and with any new regulations promulgated by the State Department of Mental Health or
local governmental authority during the term of this Contract; including, but not limited to,
the Welfare and Institutions Code, Division 5, Part I and Section 5325 and the California
Code of Regulations, Title 9, Subchapter 4.
9. Clearances for Physicians and Clinical Psycholoeists. Prior to hiring as an employee
(or otherwise procuring the services of or contracting with) any physician or licensed
psychologist to provide services under this Contract, Contractor shall make a formal inquiry
to the California State Board of Medical Quality Assurance (BMQA) pursuant to Section 805.5
of the California Business and Professions Code in order to determine whether or not that
person has been denied staff privileges, has been removed from a medical staff, or has had
his/her staff privileges or license restricted, suspended, or revoked, as provided by Section
805 of the Business and Professions Code. Contractor shall make such inquiry regarding any
physician or licensed psychologist who is currently employed by or under contract with
Contractor, if Contractor has not yet made such inquiry. Should Contractor obtain an adverse
report from BMQA regarding any physician or psychologist and should Contractor still desire
to employ or contract with such person to provide services under this Contract, Contractor
shall notify County's Mental Health Director within 15 working days subsequent to obtaining
an adverse report on such a person and at least 15 working days prior to allowing such a
person who is newly employed or retained to start work.
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SERVICE PIAN
Number 24-351-19
10. Maintenance of Effort. Contractor shall not use any funds provided by this Contract
to supplant, substitute for, or otherwise replace any other funds that Contractor may have
been expending or otherwise using- to support Contractor's activities of any kind.
11. Patient Record Requirement.
a. Contractor shall maintain individual case records as legally required, and as
County's Mental Health Director may require. Such records shall reflect treatment services
which Contractor provides to each patient and shall be in sufficient detail as to make
possible an evaluation of the services.
b. Contractor shall prepare a treatment summary on each patient after the first 90
day observation period, after each six month treatment plan extension, and after discharge.
The treatment summaries shall be submitted to the County's Mental Health Director, or his/her
designee for subsequent inclusion in the patient's Mental Health Record maintained by
County's Health Services Department and for other agencies providing post-discharge services
authorized by State Law to receive such records.
12. Security Deposits. Security deposit payments made by Contractor. and reimbursed by
County (under this Contract or any previous contract for the provision of these services) for
the purpose of securing credit for the use of certain equipment items, space, or services
will be considered to be the property of County and are to be construed as an asset belonging
to County. Contractor is responsible for the return of all such deposits to the County
within 45 days of the termination of this Contract or of any modifications or extension
thereof. The deposit amounts that are to be returned by Contractor to County shall be equal
to the deposit amounts claimed by Contractor for reimbursement by County.
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SPECIAL CONDITIONS
Number 24-351-19
1. Financial Statement. Contractor shall prepare a financial statement verifying the
total number of service units actually provided and covering the costs that are actually
incurred in the provision of services in each fiscal year period ending June 30th under this
Contract. Contractor shall have said financial statement reviewed and verified by an
independent Certified Public Accountant and shall submit said financial statement together
with the Certified Public Accountant's verification to County not later than August 15th
following the end of the fiscal year period hereunder, or 45 days following the termination
of this Contract, whichever comes first, in lieu of Contractor's filing a cost report.
2. Agency Program Budget. At the request of County, Contractor shall submit to County,
for informational purposes, its total Corporation budget including: all program budgets, all
revenue sources and projected revenue amounts, all cost allocations, and line item breakdown
of budget categories, to include salary levels listed by job classification, as well as
detailing of operational and administrative expenses by cost center, and listing numbers of
staff positions by job classification.
3. Adjustments for Additional Income. If Contractor receives additional income for the
Program, County's payment to Contractor shall be reduced accordingly as determined by
County's Mental Health Program Administrator, with the approval and authorization of the
County Board of Supervisors.
4. Adjustments for Erroneous Demands and Payments.
a. If any funds are demanded by Contractor in violation of the terms of this
Contract (including all applicable statutes, regulations, guidelines, bulletins, and
circulars) , or if County determines that any payment amounts received by Contractor are
erroneous or otherwise invalid, County may deduct the amount of such erroneous payments from
payments otherwise payable to Contractor in order to recover any such amount erroneously paid
in the current or preceding fiscal years.
No such action taken by County shall entitle Contractor to reduce program operations or
salaries, wages, fringe benefits, or services for any program participant, or client,
including Contractor's staff. Any such reduction in services may be deemed sufficient cause
for termination of this Contract. Within thirty (30) days of request by County, Contractor
shall reimburse County for any such erroneous payments are in violation of this Contract.
b. Contractor shall indemnify County fully and completely for any repayment of funds
made by the County to the State or Federal governments after it has been determined that such
repayment is required from the County due to the unauthorized or illegal expenditures by
Contractor. The State or Federal government's determination as to the necessity for any such
repayment shall be conclusive as between County and Contractor.
5. Third-Party Payment Liability. Contractor shall be solely responsible for any payments
due from Contract to third parties or for any liabilities, obligations, or commitments of
Contractor arising from Contractor's performance of this Contract, including but not limited
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SPECIAL CONDITIONS
Number 24-351-19
to, any payments that Contractor may owe to contractors or other suppliers for goods and
services received by Contractor in operating, equipping, altering, remodeling, renovating,
or repairing of Contractor's program and facilities established under this Contract. In no
event shall County be responsible for any payments due from Contractor to third parties or
for any liabilities, obligations, or commitments of Contractor arising from Contractor's
performance of this Contract.
6. Property and Equipment.
a. Protection of Property and Equipment. Throughout the term of this Contract,
Contractor shall protect facility property and equipment. Contractor shall maintain the
required property management control system with a full inventory of all equipment in
Contractor's possession. Contractor shall have free use of the County property (furniture
and equipment) loaned to Contractor for use under this Contract and itemized in the "HSD
Owned Furniture and Equipment List" which is incorporated herein by reference and which is
on file in the office of County's Children and Adolescent Services Program Chief. Contractor
shall submit a copy of the full inventory of all facility property and equipment to County's
Program Chief upon request. Contractor shall:
(1) Procure and maintain a policy of All Risk Insurance covering all property
and equipment loaned by County for use by Contractor or purchased wholly or partially with
Contract funds at replacement value (with the values subject to County approval) for all
risks with the County named as an insured as its interest may appear, and Contractor shall
provide County with a duplicate copy of the insurance policy.
(2) Cooperate with County in tagging and appropriately identifying all program
property and equipment loaned by County for use by Contractor or acquired with Contract
funds.
(3) Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good
working repair at all times.
(4) Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment. Contractor
shall repair or replace all such items within 60 days with items of comparable quality and
value.
(5) Maintain accurate records of all equipment and other such property loaned
by County for use by Contractor or acquired with Contract funds, including property
description, identification numbers, acquisition date and cost, source, location, use,
condition and disposition.
b. Ownership and Disposition of Property and Equipment. Equipment and capital
expenditure items with a purchase price of 100 or more and a useful life of at least one
year shall be defined as nonexgendable property. Items with a purchase price of less than
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SPECIAL CONDITIONS
Number 24-351-19
100 or a useful life of less than one year shall be defined as expendable property. Subject
to these definitions, the acquisition, utilization, and disposition of expendable and
nonexpendable property shall be determined in accordance with the principles and statements
set forth in Federal Management Circular FMC 74-7 (Attachment N) , a Federal General Services
Administration publication dated September 13, 1974; references contained therein to the
federal government, federal agencies or "grantor" shall be construed to mean "County" and
references to "grantee" shall be construed to mean "Contractor. " Upon termination of this
Contract, or as otherwise may be prescribed by County, Contractor shall account for and
transfer to County all remaining expendable and nonexpendable property (including supplies
and equipment) loaned by County for use by Contractor or acquired with Contract funds
(excluding items which are not fully depreciated or which are purchased with outside non-
County revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
8. Professional Liability Insurance Requirements. The provision of professional liability
insurance coverage by Contractor is optional at Contractor's sole discretion subject to
General Conditions Paragraph 18. (Indemnification) .
9. 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 a§ an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials: ,-L• �
Contractor County Dept.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance under this
Contract, including but not limited to, licensing, employment and purchasing practices; and
wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall 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.
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Contra Costa County Standard Form 1/87
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. Disputes. 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.
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Contra 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. Confidentialitv. 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents and
partners of the above provisions, and that any person knowingly and intentionally disclosing
such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under
this Contract shall be available to all qualified persons regardless of age, sex, race,
religion, color, national origin, or ethnic background, or handicap, and that none shall be
used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liabilitv 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' ComRensation. 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.
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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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. Primacv 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 or termination of this
Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession
of, claim to or right to the possession of land or improvements, but .does not vest ownership
of the land or improvements in the same person, or if this Contract results in the placement
of taxable improvements on tax exempt land (Revenue & Taxation Code 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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