HomeMy WebLinkAboutMINUTES - 03081994 - 1.46 C'
TO: BOARD OF SUPERVISORS
s }
FROM: Mark Finucane, Health Services Director Qa Contra
By: Elizabeth A. Spooner, Contracts Administrato COSta
DATE: February 23, 1994 COunty
SUBJECT: Approval of Standard Contract #26-260-1 with Preferred Staffing
Incorporated
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee,
(Frank Puglisi, Jr. ) to execute on behalf of the County, Standard
Contract #26-260-1 with Preferred Staffing Incorporated, in the amount
of $250, 000, for the period from April 1, 1994 through March 31, 1995,
to provide nursing registry services at Merrithew Memorial Hospital
and Clinics.
II. FINANCIAL IMPACT:
This contract is included in the Health Services Department Enterprise
I budget for FY 1993-94 .
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On May 4 , 1993 , the Board of Supervisors approved Standard Contract
#26-260 with Preferred Staffing Incorporated, to provide temporary
licensed nursing personnel to assist Merrithew Memorial Hospital and
Clinics during peak loads, temporary staff absences and emergency
situations.
Approval of Standard Contract #26-260-1 will allow the Contractor to
continue to provide temporary coverage, as required by the Department,
through March 31, 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Q
RECOMMENDATION OF COUNTY ADMINISTRATORRECOMME ATI NOF BOARD 0MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON _ March 8 , 1994 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
x UNANIMOUS (ABSENT IV ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Frank Pugls :; Jr. (370'_=:5100)
CC: Health Services (Contracts) ATTESTED March 8 , 1994
Risk Management Phil Batchelor,Clerk of the Board of
Auditor—Controller Sup.rvis..ors and County Administrator
Contractor
Msa2/7-83 BY DEPUTY
___Coptra Costa County Number 26-260-1
Standard Form 1/87 STANDARD CONTRACT 1,14 Fund/Org #as coded
(Purchase of Services) Account # 2602
1. Contract Identification. Other #
Department: Health Services - Hospital and Clinics
Subject: Temporary help firm - Nursing registry
2. Parties. Th Gunty of Contra Costa, California (County) , for• i � e rtment named
above, a ` f�l;'lowing named Contractor mutually agree and p o lows:
f_ v
Contractor: E TAFFING, INCORPORATED
Capacity: Calif a �'c 4 oration Taxpayer ID # i. -31i 9
Address: 5801 Ch* sti enue, Suite 480, Emeryville, California 94608
3. Term. The effective date of this Contract is April 1. 1994 and it
terminates March 31. 1995 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $250,000.
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. Pry. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Not applicable
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 31000.4.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISO . of Supervisors and County Administrator
By By
Chairman/Desi n Deputy
CONTRACTOR
By By :
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Cole Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 26-260-1
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By
Designee
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
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 representatives) 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]
Notary Public/Deputy County Clerk
-2-
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 26-260-1
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. ]
[ J a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ J c. $ after completion of all obligations and conditions herein.
[X] d. The applicable fee per hour of temporary work, as defined in the Service Plan
expressed as the hourly bill rate in Paragraph 1. of the Service Plan;
provided that County will also pay the following additional rates as
applicable:
(1) Overtime compensation according to Paragraph 9. of the Service Plan;
(2) Short notice reimbursement according to Paragraph 10. of the Service
Plan; and
(3) Holiday compensation according to Paragraph 11. of the Service Plan.
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 Latae 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
insufficientl;r 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.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 26-260-1
1. Scope of Services. Upon request received by the Contractor from the County's Health
Services Director, or his designee (Director of Nursing or an Assistant Director of Nursing) ,
and subject to the payment limit of this Contract, the Contractor shall provide its nurses
in the below listed job classifications and at the specified hourly billing rates, to do
temporary work for the County for specified peak loads, temporary absences, or emergency
situations. Personnel providing services under this Contract are not County employees.
SHIFT SHIFT
JOB CLASSIFICATION DAY/EVENING NIGHTSNEEKENDS
REGISTERED NURSE SPECIALTY:
ICU, CCU, OB $39.50/HR $40.50/HR
REGISTERED NURSE, MED/SURG: $37.00/HR $38.00/HR
LVN MED/SURG, TECH: $27.50/HR $28.50/HR
2. Standards.
a. JCAHO Standards for Use of Outside Nursing Services. Contractor shall comply with
the Joint Commission on Accreditation of Hospitals (JCAHO) nursing services requirements for
use of outside services including, but not limited to, JCAHO Standard NR 3.9 which provides
for evaluation by County's Merrithew Memorial Hospital and Clinics nursing administration of
nurses provided by Contractor. In addition, pursuant to JCAHO requirements, Contractor,
shall, upon written request from County, make available to authorized County representatives
its personnel files, policy and procedure manuals, health certificates, licenses, and similar
documents, for auditing purposes of JCAHO Standards.
b. JCAHO Standards for Nursing Personnel.
(1) Registered Nurses. Pursuant to JCAHO requirements, Contractor shall provide
Registered Nurses who have one year of documented current nursing experience within the last
two years, or who havesuccessfully completed a Board of Registered Nurses Certified Nurse
Refresher course within the last three months and who possess current licensure.
(2) Licensed Vocational Nurses. Pursuant to JCAHO requirements, Contractor
shall provide Licensed Vocational Nurses who have one year of documented current nursing
experience within the :Last two years, or who have successfully completed a Board of Licensed
Vocational Nurses Certified Nurse Refresher course within the last three months and possess
current licensure.
3. Definitions.
a. Hour of Temporary Work. For payment purposes in accordance with Paragraph l.d. of
the Payment Provisions , an "hour of temporary work" is herein defined as the provision of the
services, by one of Contractor's nurses in one of the classes listed in Paragraph 1. above,
onsite in a County Health Services Department facility, for one full hour. Portions of an
hour of temporary work spent by each paid Contractor's nurse in providing services shall be
Initials:
Contractor County Dept.
1
SERVICE PLAN
Number 26-260-1
reported in one-half hour increments. Time spent in travel and other activities not
involving service, shall not be included.
b. Overtime. For payment purposes, overtime is the provision of temporary work, at
County's request, by a Contractor's nurse, beyond eight hours in any workday, and/or beyond
forty hours in any workweek, when said nurse is scheduled to work eight hour shifts; and
beyond twelve hours in any workday and/or forty-eight hours in any workweek, when said nurse
is scheduled to work twelve hour shifts.
c. Holiday Shift. For payment purposes, a holiday shift is one in which the majority
of hours worked by Contractor's nurse, fall on the actual calendar date of one of the
holidays specified in Paragraph 11. , below.
4. Notification of Work Order. Contractor will be notified of a work order for temporary
help by one of the individuals specified in Paragraph 1. above. After the initial job order
is received, Contractor shall contact the supervisor who is to oversee Contractor's nurse in
order to ascertain exact duties and responsibilities of the job involved. County agrees to
request the services of each Contractor's nurse for a period of no less than four hours.
5. Replacement. In the event of unsatisfactory performance by the Contractor's nurse as
judged by the sole discretion of the nursing supervisor or charge nurse to which Contractor's
nurse is assigned, County may request replacement of said nurse within the first four hours
of work without charge to the County. After the first four hours, County may request
replacement, and Contractor will bill County only for the time Contractor's nurse worked in
excess of four hours . In any event, Contractor shall replace all nurses upon County's
request.
6. Time Cards. Time cards shall be supplied by the Contractor. Time cards completed by
Contractor's nurses shall be approved by County (Director of Nursing; Nursing Supervisor; or
Charge Nurse to whom the employee has been assigned) before any payments will be made by
County to Contractor for services rendered by that nurse.
7. Eligibility for Hire. County may hire any temporary worker, supplied to the County by
Contractor under the terms of this Contract, without penalty or payment of any fee, if the
following conditions are met:
a. The Country must notify Contractor of Contractor's nurse's acceptance of a County
employment offer; and
b. Following such notice, Contractor's nurse must work a total of 80 hours for
Contractor in a County facility prior to beginning County employment.
If the above conditions are not met, County shall pay Contractor a penalty fee of $500.00.
No other fee or penalty is intended or imposed.
The Contractor or the Contractor's nurse(s) may enter into open and competitive examinations
for County positions; however, County will give no special consideration for time Contractor
or Contractor's nurse(s) spent as a temporary worker in a County facility.
Initials:
Contractor County Dept.
2
SERVICE PLAN
Number 26-260-1
8. Limitation of Service. No nurse supplied by Contractor shall work for County under
this Contract for more: than ninety (90) consecutive days.
9. Overtime Compensation. County shall pay for authorized overtime worked at County's
request, in accordance with the following formula:
a. Nurses assigned to work eight-hour shifts shall be compensated for overtime as
follows:
(1) One ,and one-half times the nurse's regular billing rate, as set forth in
Paragraph 1. , above, for all hours worked in excess of eight hours up to and including twelve
hours in any workday; and
(2) One and one-half times the nurse's regular billing rate, as set forth in
Paragraph 1. , above, for the first eight hours worked on the sixth and seventh consecutive
days of work for that nurse.
b. Nurses assigned to work twelve-hour shifts shall be compensated for overtime as
follows:
(1) Double the nurse's regular billing rate, as set forth in Paragraph 1. ,
above, for all hours worked in excess of twelve hours in any workday; and
(2) Double the nurse's regular billing rate, as set forth in Paragraph 1. ,
above, for all hours worked in excess of eight hours on the sixth and seventh consecutive
days of work for that nurse.
10. Short Notice Reimbursement. In the event that County cancels a shift less than one and
one-half hours before said shift is to begin, and Contractor's scheduled nurse cannot be
placed.at another County location for the shift, County will reimburse Contractor for four
hours of service. In the event that Contractor cancels a scheduled nurse less than one and
one-half hours before a shift is to begin, and Contractor is unable to furnish a replacement
nurse for said shift, Contractor will credit County for four hours of service.
11. Holiday Compensation. County and Contractor both recognize the following holidays for
purposes of holiday compensation only: Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, New Year's Day, and Memorial Day. On these holidays, County will reimburse
Contractor for services rendered to County by Contractor's nurses, at County's request, at
the rate of one and one-half times the nurse's regular billing rate, as specified in
Paragraph 1. , above.
Initials:
Contractor County Dept.
3
SPECIAL CONDITIONS
Number 26-260-1
1, Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and
replaced in its entirety with the following new provision:
1119. Professional Liability Insurance. During the entire term of this Contract and
any extension or modification thereof, Contractor shall provide and keep in effect a policy
or policies of professional liability insurance with a minimum coverage of $1,000,000 per
incident/$3,000,000 annual aggregate for all damages or losses because of errors, omissions
or malpractice arising from the provision of professional services under this Contract.
The Contractor shall provide the County with (a) certificates (s) of insurance evidencing its
professional liability insurance coverage specified above 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. ,,
2, Employee Security. The Contractor shall provide worker's compensation coverage and
unemployment compensation coverage for its employees.
3, Endorsement. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express; its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials:
Contractor County Dept.
-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.
1
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.
2
Cdntra 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. IndeMndent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
3
" 'Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(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. Duriwr the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for.all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
Gon'tra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services) '
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. 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 of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
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