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MINUTES - 04281998 - C55-C59
TD: BOARD OF SUPERVISORS <� Contra . --' FROM: Arthur C Miner,Executive Director Contra Costa County Private Industry Council Costa ounty DATE: April 13, 1998 { . b SUBJECT: AUTHORIZE EXECUTION OF SU MEROF SERVICE PROJECT CONTRACT WITH WORK/FAMILY DIRECTIONS,INCORPORATED SPECIFIC REOUEST(S)OR RECOMMENDAnON(S)A BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Authorize the Executive Director, Centra Costa County Private Industry Council, to execute a $58,910.40 contract with Work/Family Directions, Incorporated for the term March 6, 1998 through October 5, 1999. IL FINANCIAL IMPACT: None, one hundred percent grant funded. III. CHILDREN IMPACT STATEMENT: This contract will provide vocational exploration for middle school youth during the summers of 1998 and 1999. It addresses the second goal: Children and Youth Healthy and Preparing for Productive Adulthood. IV. REASONS FOR RECOMMENDATION: Summer activities for middle school youth are very limited. This grant will provide an opportunity that would otherwise be lacking. e CONTINUED ON ATTACHMENT: -YES SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF HOARD COMMITTEE APPROVE OTHER SIONATURE S' ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES Of THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOMIN. CC. Art Miner 646-5382 ATTESTED PHIL BATCHELOR,CLERK OF THE SOARO OF Private Industry Council SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator County Auditor-Controller Contractor . BY .DEaurr Maas t�a�ea� y:\picoffice\diskette\bdorders\summer of service TO. BOARD OF SUPERVISORS 61.������ Steven A. Steinbrecher,Director of .°-` _ `. FROM: Information Technology Y Costa DATE: March 30, 199$ County SUBJECT. Project Manager for Human Resources, Benefits and Payroll System SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute an amendment with Michael LaBrie increasing the payment limit from $360,000 to $400,000 and extending the expiration date to August 31, 1998. IL FINANCIAL IMPACT: Funding is approved for this project. III. REASON FOR RECOMMENDATION AND BACKGROUND: Extending the current contract will allow Michael LaBrie to continue providing the project management and consulting services necessary for the successful completion of the County's Human Resources/Payroll System. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON- 4 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS{ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED Q QA.2, -) S PHIL BhCHELOR,CLERK OF TME BOARD OF Information Technology-All Copies SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10188) BY ,DEPUTY CONTRA COSTA COUNTY Number: 45765 SERVICES PROCUREMENT AGREEMENT AMENDMENT Fund: 1692 Account: 2310 1. Identification of Contract to be Amended. Number: C45765-00 Effective Rate: June 1, 1996 Department: CAO/Department of Information Technology Subject: Human Resources and Payroll System Project 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: Michael LaBrie Capacity: Taxpayer ID#410-34-6378 Address: 1379 Rhode Island Sart Francisco,Ca. 94107 3. Amendment Bate. The effective date of this Contract Amendment Agreement is April 1, 1998. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the *Amendment Specifications' attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA CALIFORNIA BOARD OF SUPERVISORS Attest:Phil Batchelor,Clerk of the Board Supervisors and County Administrator 41 By: Chadtan/Designol eputy CONTRACTOR By: By: (Designate official business capacity A.) (Designate official business capacity B.) Note to Contractor: For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B mast be that of the secretary or assistant secretary(Civil Code Sec. 1190.1 and Corporations Code Sec.313). Ail signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1195) Number APPROVALSIACKNOWLEDGEMENT APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: - _ gy; IA04- APPROVED: COUNTY ADMINISTRATOR By: Des' ee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )ss. COUNTY OF CONTRA COSTA ) i On_�'1QY �t oZ(j before me. M9 119 Ro d'e P n (insert name and title of the officer), personnaltyappeared i C h�e ) I a brit An d n 1) c2,4hIP✓S personalty known to me(orProved omthe>basis of satis�evidence)to be the person(pQ whose name($js/ac<subscrJbed to the within instrument and acknowledged to me that helshe/they executed the same in tisperftheir authorized capacity(iA,and that by histher/their signatureo on the instrument the person,or the entity upon behalf of which the person*acted,executed the instrument. - _ REGINA M. RODEEN Comm.#1117017 WITNESS MY HAND AND OFFICIAL SEAL, NOTARY PUBIC-CALIFORNIAC0018 Coin Cwly " MY Comm.Upkes Nov.I8,2000 " t .n (Seal) ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) I'll...............................................................................................— .............................. AMENDMENT SPECIFICAM—N Number inconsideration for Contractors willingness to continue as project manager of the Human Reswroes/payroll project,County agrees to increase the payment limit to$400,000,an increase of$40,000 and extend the expiration date to August 31,1998. County and Contractor agree,therefore,to amend the Contract identified herein as set forth above while all others parts of the Contract remain unchanged and in full force and effect. Initials: A94--' contractor County Dept. .................11.......... .........I........... .........................................................I.............................. ... . . ... ........................... ...............................11..... Rev. 7 Contra Costa TO: BOARD OF SUPERVISORS U rty FROM: Dennis M. Barry, AICP l.�V Community Development Director DATE: April 28, 1998 SUBJECT: Consultant Services for Mortgage Credit Certificate Program Administration SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Deputy Director - Redevelopment to execute a contract not to exceed $45,300 with Anderson & Associates for Mortgage Credit Certificate program administration. FISCAL IMPACT None. All costs are covered by fees charged to participants. BACKGROUND/REASONS FOR RECOMMENDATIONS Federal law authorizes the provision of mortgage assistance to income eligible first time homebuyers through the issuance of a Mortgage Credit Certificate (MCC). The first time homebuyer who receives the MCC qualifies for a federal tax credit. The net result to the homebuyer is to lower the interest of their mortgage. The homebuyer uses the MCC with conventional market rate mortgages. The County has issued nearly 2,000 MCCs. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR C MENDATf; 'N OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON CA-.29- 11?ctK APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 41 UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORSON THE DATE SHOWN. Source: Jim Kennedy 335-1255 prig: Community Development ATTESTED - _� cc: County Administrator PHIL BATCHELOR, CL RK OF County Counsel THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor-Controller via Community Development Dept. Anderson & Associates Blt` DEPUTY When federal tax law was amended to create the MCC program, it did not permit the transfer of the MCC from the original loan to a new loan accomplished by a refinancing. Recent federal tax law changes allow, with local review and approval, MCCs to be transferred to a refinanced loan. With the recent run-down of mortgage rates, the County has received numerous requests for MCC reissuance in conjunction with refinanced mortgages'. The position in the Community Development Department that has administered the MCC program is currently vacant. It is expected that this function will be undertaken by new entry level staff that will not be available until mid-summer. This staff person will need to be trained in this function. Anderson & Associates administers first time homebuyer programs for four East Bay communities. Retaining them at this time is recommended in order to permit the MCC holders to take advantage of current low interest rates. ......................................................................................................................................................................................................... . ...... ......... ._....._.. ..._........ ..........__._...._.._..........__........._..._. ...._...... ........_ .......... ..._..... ......... TO: BOARD OF SUPERVISORS Contra FROM: GUS S. KRAMER, ASSESSOR r� Costa County DATE: April 21, 1998 SUBJECT: APPRAISAL CONSULTATION SPECIFIC REOUEST(S)OR RECOMMENDATION($)6 BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chair of the Board of Supervisors to execute a contract with Larry Black in the amount of$42,600 for drafting services from the period April 15, 1998 through June 30, 1999. FISCAL IMPACT This contract will be paid out of AB818 Property Tax Administration funds. BACKGROUND: The Assessor's Office is in the process of converting its parcel maps to electronic format and this will require an experienced drafter to assist in verifying the accuracy of the converted maps. Mr. Black will also be performing additional manual and CAD drafting functions. CONTINUED ON ATTACHMENT: YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON�..�+� r R - g APPROVED AS RECOMMENDED OTHER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ._ _+, AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHON(Nj CC: bss_Ssop_ ATTESTED i iPHIL BAT HELOR,CLERK,OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 {tb/88) BY .DEPUTY ���.z,� �.',5"`� Number Coi*,ra Costa County ,.Standard Form 1/87 SRORT FORM SERVICE CONTRACT Fund/Org--7-1905 1. F Contract Idenrification. Account 0 Other f Department: ASSESSOR Subject: CONSULTATION AND ASSISTANCE WITH DRAFTING FUNCTIONS. 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: Larry Slack Capacity: Manual and CAD Drafter Taxpayer ID# 565-52-4626 Address: 24 Sunnyvale Place Walnut Creek, CA 94596 3. Term.. The effective date of this Contract is April '15, ; 1998 and it terminates June 3D, 1999 unless sooner terminated as !provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent . S. Pa2ment Limit. County's total payments to Contractor under this Contract shall not exceed $ 46..x:4. . 6. County's Obligations . In consideration of Contractor' s provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission-'of a properly documented demand for payment in the manner and forst prescribed by County (Demand Form D-15) and upon, approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] (X) hour; or [ ] a. FEE RATE: $ 21.00 per service unit: { ) session, as defined below; or ( } calendar (insert day, week or month) NOT TO EXCEED a total of 2200 service unit(s) . [ ] b. Payment in full after approval by the Department . [ ] c. As set .forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shah provide the following described services: To provide consulting services and assist in manual and CAD drafting functions. 8. ComZliance with Lay. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance corder this Contract, including but not limited to, licensing, employment and I purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. Jl 9. Nandi scrimi tory Services. Contractor agrees that all goods and services wieder this Contract shall be available to all qualified persons regardless of age, sex, race, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part , for religious worship or instruction. r' SHORT FORM SERVICE CONTRACT Number 16.f 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. 11. 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. 12. !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, the Comptroller General, the County, 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 sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract 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 shallmake available, to the Secretary, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, docu- ments, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges' hereunder. 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. 13. Reporting Requirements. Pursuant to Government Code §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 $5,040`. 14. 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, servents, 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 make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may snake by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Leal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By BY Yz6v" 644a �f Designee Ll Approv ty A istrator (Designate official capacity) By Designee Recommended by Department [Form approved by County Counsel] Tneai r.'rnn sQaRD OF suPEavIsoRs FRoiwc William Walker, M.D. , Health Services Director Co ntra By: Ginger Marieiro, Contracts Administrator Costa osta April 22, 1998 County SUBJECT: Amended Board Order for Medi-Cal Outpatient Consolidation' - Specialty SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECt?1 0NDZD ACTION: Approve and authorize the Health Services Director; or his designee (Donna Wigand) , to execute on behalf of the County those Medi-Cal Outpatient Consolidation Contracts specifiedin the attached "Addendum" , for the period from April 1, 1998 through June 30, 1999, to be paid in accordance with the rates set forth in the "Addendum;" , for the provision of professional specialty mental health services, and hereby amend the April 9, 1998 Board Order, Adopted on April 21, 1998 . II . F1jLA CIAL IMPACT - The State Department of Mental Health will transfer to County on an annual basis, a State General Fund allocation of $428, 171 to provide specialty mental health services to Medi-cal beneficiaries. This mount will bring an additional amount of $449, 694 of Medi-Cal Federal Financial Participation for a total funding of $877, 795 . III . REASONS FOR RECOMM MATIONS/BACKGROLTND: On January 14 , 1997, the Board of Supervisors adopted Resolution # 97/17, authorizing the Health Services Director or his designee (Donna Wigand, LCSW) to contract . with the State Department of Mental Health to assume responsibility for Medi-Cal specialty mental health services as of July 1, 1997. The implementation date has since been changed to April 1, 1998 . Responsibility for outpatient specialty mental health services involves contracts with individual, group and organizational providers to deliver these services. The attached format has been approved as to legal form by the 'County Counsel' s Office. Approval of Contracts listed on the attached Addendum will allow Contractor' s to provide mental health specialty services through June 30, 1999 . CO TINU£ ATTA M T' YES XX SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON 9 9 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED PHIL BA HELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Lonna Wigand (313-6411) CC: Health Services(Contracts) Risk Management Auditor Controller BY DEPUTY Contractor ADDENDUM MEDT-CAL SPECIALTY MENTAL HEALTH SARYICE CONTRACT # CONT TOR HAM 24-939-1 MARY GARGARO 24-939-2 TERRY LINSCOTT 24-939-3 JOSH GRESSEL 24-939-4 RICHARD COLEMAN 24-939-5 KATHERINE MEHLER 24-939-6 ROBYN DRAPER-PRARTZ 24-939-7 STEVEN CLOUTIER 24-939-8 JOHN ROSTKOWSKI 24-939-9 VIRGINIA BLACKLIDGE 24-939-10 ELIZABETH O'CONNOR 24-939-11 BRONWYN WARREN 24-939-12 WESLEY ROBINSON 24-939-13 DEIRDRE MORIATRY 24-939-14 LINDA WEBSTER 24-939-15 MARILYN WILTS 24-939-16 LISA KNUDSEN 24-939-17 ANNE MCCOY COWAN 24-939-18 DORIS DEA 24-939-19 ROSS ANDELMAN 24-939-20 DAVID RICE 24-939-21 ANN CHAPPELL 24-939-22 ANNA INGENITO 24-939-23 WILLIAM ANDERSON 24-939-24 MARIA SAPPE 24-939-25 LESLIE TREMAINE 24-939-26 NURIT MUSSEN 24-939-27 BRIAN LUKAS 24-939-28 KALEENE WILLARD 24-939-29 JUDITH WEATHE .LY 24-939-30 FRANZ WASSERMANN 24-939-31 MARY PRANCES WALSHE 24-939-32 VINITA WADHWANI 24-939-33 NANCY TRAHMS 24-939-34 ARTOTELES TAMDINCO 24-939-35 FRED STODDARD 24-939-36 ALAN SCOTT 24-939-37 MILCIADES MORALES 24-939-38 PATRICIA MARLOW 24-939-39 KIRAN KOKA 24-939-40 MURRAY PERSKY 24-939-41 ANISETTE WALT 24-939-42 PAUL MARGOLIS 24-939-43 ASIAN COMMUNITY MENTAL HEALTH SERVICES 24-939-44 ASIAN PACIFIC PSYCHOLOGICAL SERVICES 24-939-45 WEST COAST CHILDREN'S CENTER 24-939-46 RAPE CRISIS CENTER 24-939-47 FAMILY STRESS CENTER 24-939-48 JEWISH FAMILY AND CHILDREN'S SERVICES OF THE EAST BAY 24-939-49 CATHOLIC CHARITIES OF THE EAST BAY 24-939-50 BATTERED WOMEN'S ALTERNATIVES 24-939-51 NATHAN THUMA 24-939-52 BEVERLY BALLARD 24-939-53 LINDA CARLSON RATE SCHEDULE: For Organizational Provider's (Contract #24-939-43 through #24-939-50) : a. _$_.50 per minute for mental health services, as described in the CC.HMP Provider Manual, excluding group therapy sessions; b. 1_.14 per minute per individual for group therapy sessions, not to exceed 90 minutes per session, as described in the cCHMP Provider Manual; and C. 1.0_0 per minute for medication support services, as described in the CCHMP Provider Manual. For Individual/Group Provider's (Contract #24-939-1 through #24-939-42 and #24-939-51 through #24-939-53) : CPT CODE PROCEDi.10t M.0 Ph.0 L.C.&W. MM.F.C.C_ Levet iCddell 90830-Test I floo-r Fma7x-6} $30 90897 Test Scoring- lbour(max 2f 90N i Wid-tvklual Lsychoth,,aIlL 112 tout, $30 OH4 jodhi'dual Psyclsoliletapy-1 ttoU( $60 00 $30 $30 $j,6 $30 $i6 90847 Fitz ThefaPY patient if $30 $310. $30 908S313joupittefa -#ter lietswt- (visit-1 112hr max_ $12 $12 $12 90862 phaltnecolo ical managentent 90870 ECT $60 xiii;f f-lour -" $30 $15 _$13- X9546 t ase Cunlerettce- thour M $30 0 bits sp l #Etipt Service 99221 Ho spil at Care Visit-initial-30 minutes $30 visit.101jal-50 fnioutes $60 9923Z 1 lospital Cal e minule5 430 99242 office Consultation New Patient-30 $30 99244 Office Consultation New Falletil-50 MiAllte!" 560" S925Mwatten consultation New p0ent-3 minules $30 $9255 Inpatient Consultation hfew P tillnuf,'s 60 Nuzsinr ac Assess 99301 Evatuation and Management-30 minutes stio-i Evaluation and anattenlent-60 minutes $60 _99i-If-Subsequent NursingFacitity Cate-1 5 minutes -$15 99i15 Suttsequettt Nursing FacHilyCate-30si0notes $30 Rest tlonis et 11t.Svc. 99323 Evaluation of New Patient 613-- - qiifi Evaluation of E-staRshed Patient -$36- iionte Services Patient q0 Evaluation of New 9fifiIE-a-WE",.1 EstAfthed Patient 30 Contras Costa County Number Sta7r�dar-3. Firm 3/98 STAMARD CONTRACT Fund/Org # (Purchase of Services) Account # 1. n 1&!; denif eation. Department: Health Services - Mental. Health Division Subject: Medi-Cal Specialty Mental health Services (Individuals/Groups) 2. Par's;i As. The County of Contra Costa, California (County) , for its Department named above and the following named Contractor mutually agree and promise as follows: Contractor: Capacity: Taxpayer ID # Address: 3. Term. The effective date of this Contract is �r'1 1, 3598 and it terminate unless sooner terminated as provided herein.. 4. Payment Lemit. County's total payments to Contractor under this Contract shall not excee �N'ot,A�acali.�r . S. coY a Obi as . County shall make to the Contractor those payments described in tr Service Plan attached hereto whish are incorporated herein by reference, subject to all tr terms and conditions contained or incorporated herein. 6. Contractor's Obli atigns. Contractor shall provide those services and carry out that wor 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 Sloecial, Conditions. This Contract is subject to the General Conditions an Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Prg;ert. This Contract implements in whole or in part the following described Project, th application and approval documents of which are incorporated herein by reference Implementation and administration of Managed Mental Health Care for Medi-Cal eligibl residents of Contra Costa County. 9. Lggal &==gritty. This Contract is entered into under and subject to the following lega authorities: Welfare and Institutions Code, Divisions, Chapter 4, Part 2.5, § 5775 et seq. Welfare and Institutions Code, Division 9, Chapter 8.8, Article S, 5 1.4680-14685; Californi. Cade of Regulations (CCR) , Title 9, Chapter 11, s 1810.100 et seq, Code of Federa: Regulations (CFR) , Title 42; United States Code, Title 42 and all other applicable laws an, regulations. 10. Signatures. These signatures attest the parties' agreement hereto: g_0= Ov MNTRA *STA C "F<33 ATTEST: Phil Batchelor, Clerk of the Bonar( BOARD OF SC7PERVISORS of Supervisors and County Administrator By BY Chairman/Designee Deputy COL+tT1�CTOR By By (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit) the contract must be signed by 'twc 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 Coder 5 1190 and Corporations Cade s 313) . All signatures must be acknowledged as set forth on page two. Comm Cosu County _ SWilud Form(&v. 1195) APPRC3VALSIACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COu COUNSEL By By \ ? DesigneeBY APPROVED: COUNTY ADMINISTRATOR By: Designee AC&" t+OWLED GMENT STATE OF CALIFORNIA ) ) ss. , COUNT' OF CONTRA COSTA ) On , before sate, (insert name and title of tate officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/$Wthey executed the same in his/herltheix authorized capacity(fes), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tate instrument. WITNESS MY HAND AND OFFICIAL SEAL. Signature ( ) AC.KNOWUDGMENT(by Cbrpmthm Pirmenhtp,or ladvWW) (Civil Coda fum smyxcz UAN Number: amcl SrBCxPZCA= . A. efst3tionss. As used in this Contract, the following terms have the following meanings: (1) Gr }tra C ss to Ngn al Health plan (COM—) mean$ the Contra Costa County Health Services Department's Mental Health Division which is responsible for managing Medi- Cal specialty mental health services in Contra Costa County. (2) Rmecary means a resident of Contra Costa County who is determined to be eligible to receive Medi-Cal benefits by the Contra Costa County Department of Social services, the State of California or the Social Services Administration. (3) gXjgis Wd ,„A ess To means CCMHPstaff who will perform clinical screening, authorization, and referral. services. (4) CM �_ asgmat Omit (C—M) Means CCMEP staff who perform re-authorizations, concurrent/retrospective review of services, quality management, provider/customer relations, claims payment and other administrative tasks. (5) &U—tW=jRat. 1Aoxzed means the procedure for obtaining prior approval of CCMHP, in accordance with the County's Mental Health Division's utilization management policies and procedures, for services to be provided to a Beneficiary. only those services listed in the CCMHP Provider Manual may be Authorized. (6) AU g jzrA S2 ce means a specialty mental health service that has been Authorized, as set forth in paragraph 5. , above. (7) flu d Serw°i.cgg means all services which are not listed in the CCMHP Provider Manual, or services for which Authorization was not received prior to the service being provided, or services for which Authorization has been denied. (8) Me ,a,dily>N�ecessary means a service that meets the diagnostic, impairment and intervention criteria specified by the State Department of Mental Health and appended in the CCMHP Provider Manual. (9) =rA Qosga MIntal. . Health P CM) XKMdAier MMM1 means the contractor handbook developed by the Contra Costa Health Services Department's Mental Health Division, containing the policies and procedures of CCMHP. (ld) gontctor means the individual or group indicated on the Signature Page of this agreement. Contractor is either: a. An ladWdual who meets all credentialing and licensing requirements of CCMHP as a. psychiatrist, psychologist, clinical social worker or marriage and family counselor; or b. A =2fesssi2nal Gr= or 1R er9h3ra organized in good standing under the laws of the State of California, which Croup or Partnership will provide professional services hereunder through its professional members or partners(s) who individually meet, all credentialing; and licensing requirements of CCMHP as a psychiatrist, psychologist, clinical social worker or marriage and family counselor and whose names are set forth in Attachment B. Initials: Contractor County Dept. 1 SARVICE PLAN Number: B. C flxObligatiow. (1) RXg3dai2g of HeAlth Services. Contractor agrees to provide to Beneficiaries all needed mental health services which are within the scope of practice of the Contractor's license and qualifications and which are Authorized by CCMHP. Referrals must be Authorized by CCMHP In accordance with the CCMHPPIs Provider Manual which is on file in the Mental Health Division's administrative office and which is incorporated herein by reference. Mental health services provided hereunder shall be consistent with accepted standards of care in Contra Costa County for the field of practice in which Contractor is licensed and engaged. (2 e- u ation for SeZ:3dcas. The County will only pay Contractor for Authorized Services rendered that were authorized in advance of the provision of service. County will not pay for Excluded Services, even though rendered. After the Crisis and Access Team refers Beneficiary to Contractor, County will send Contractor written confirmation of Authorization by mail or by facsimile within three (3) business days. Fourteen (14) days prior to expiration of the current Authorizations, Contractor must complete CCMHPI s Request for Additional Services Authorization form as set forth'>in the CCMKP Provider Manual. The CMD will review Contractor's request for additional services, approve or decay it, and send a written response to Contractor within five (5) business clays of receipt of the request. (3) Prozm►t servire,Ihclivcrv. Contractor shall ensure that Authorized Services are available and accessible to Beneficiaries during reasonable hours of operation, with provisions for after-hour advice and referral for argent and emergency care as needed. Contractor shall return a phone call regarding a non-urgent matter within one (1) business day. Contractor shall offer an appointment to Beneficiary for anAuthorized Service within ten (10) business days of contact by Beneficiary. In addition, Contractor shall cooperate with CCMHP's< efforts to monitor and evaluate the accessibility of care to Beneficiaries. (4) CotjjWge ioirh the g2Wrov de,r Manual. Contractor agrees to retain a current copy:of the CCMHP Provider Manual and to comply with all its provisions. County may modify the CCMHP Provider Manual from gime to time by written notice to Contractor. In the event of a, conflict between this-Agreement and the CCMHP Provider Manual, the teras of this Agreement shall prevail. (5) rdjaation Xith 9thgr Sere' e . Contractor shall coordinate the provision of Authorized Services to Beneficiary with all other mental, health care, physical care, and substanceabuse services rendered to Beneficiary, including exchanging appropriate clinical information with Beneficiary consent, in accordance with the CCMHP Provider Manual. (6) t-r ,,Pr2v_i Auto hc�rjzed Services. In the event that Contractor is unable to provide the Authorized Services to Beneficiary, Contractor shall notify the Crisis and Access Team and/or the £,MU immediately with an explanation of why Contractor cannot provide Authorized Service to Beneficiary. (>7) Guai"-Aamw-gUM 5vst=. Contractor is solely responsible for the duality of services rendered to Beneficiaries. Contractor shall cooperate with and participate in CCMHP Is quality improvement programs, in the utilization of performance outcome measurements, and in all quality improvement oversight functions performed by CCMHP, as set forth in the CCMHP Provider Manual.. Contractor shall maintain its own quality assurance system consisting of utilization review, peer review, and medication monitoring programs. (S) QOdentia2 +a. Contractor shall comply with all CCMHP credentialing requirements set forth in the CCMHP Provider Manual. Contractor shall respond in a timely manner to all, requests by CCMHP or its agent for credential and license information. Any Contractor who is not in compliance with CCMHP's credentialing requirements may not provide Initials. Contractor County Dept. 2 SO—VICE R Number: Authorized Services to Beneficiaries. In addition to Paragraph 5 (Termination) of the General. Conditions, this Contract may also be terminated as set forth below: a• 12A=im K2 amd , ul In the event this Contract is effective prior to the completion of CCMHP°s credentialing of Contractor, this Contract shall immediately terminate in the event that: 1.. CCMHP determines that Contractor: dues not meet CCHMP's credentialing requirements; or Z. Contractor dotes not, as determined solely by CCMHP, promptly provide to CCMHP all necessary and requested consents for the release of credentialing information or Contractor otherwise fails to cooperate with CCMHP's credentialing process. (9) MJctanr-,Grievance Pro . Contractor shall participate in CCMHP I s Grievance Procedure set forth in the CCMHP Provider Manual. Contractor must post in Contractor's office the notice in the Provider Manual regarding the Cf' P Grievance Procedure. (10) Pravauaioa, Upon request of CCMHP and/orthe 'state of California, Contractor shall participate with CCMHP and;/or State of California in evaluative studies designed to show the effectiveness of Contractor's program and services. (11) "1 g12M&M. Contractor shall notify CCMHP, at 595 Center Avenue, Suite 200, Martinez, immediately in writing the occurrence of any one (or more) of the events listed below: a. Any professional license or certification of Contractor is suspended, revoked, terminated or subject to terms of probation or other restriction; b. Contractor is named in a disciplinary proceeding or action before an administrative agency in any state; C. Contractor's professional liability insurance is canceled, terminated, not renewed,, or materially modified; d. Contractor learns, or reasonably should know, that it has become a defendant in a professional negligence action or is required to <pay damages in any such action by way of judgment or settlement, e. Contractor knows, or reasonably should know, that a felony complaint or indictment naming Contractor has been issued or filed; f. A petition is filed to declare Contractor bankrupt or for reorganization under the bankruptcy laws of the United States or a receiver is appointed over" all or any portion of Contractor's assets; g. An action is taken to restrict, suspend or revoke Contractor's participation in Medicare or Medicaid; h. A Beneficiary submits a written complaint to Contractor; or i. Any other situation arises which could reasonably be expected to materially affect Contractor's ability to carry out its obligations under this Agreement. Initials: Contractor County Dept. 3 t SERVICE PLM Number: C. $eCords• (1) fWiSU ReccmOa Contractor shall maintain clean and complete medical records that reflect all services render to Beneficiaries, in accordance with all applicable statutory and regulatory requirements, in the same manner as for other patients of Contractor. Contractor shall maintain the confidentiality of information contained in sucl medical records in compliance with all applicable: Federal and State Laws and Regulations regarding the confidentiality of patient records. Contractor shall further maintain a record of Beneficiary share of cost or other payments received from Beneficiary. (2) Ar'i illtY of ftcor_s.. upon request, and subject to any legally- required client consents, Contractor shall provide copies of Beneficiary medical record information to County and/or other treating physicians. Contractor shall provide to County copies of all records maintained by Contractor relating to the care of Beneficiaries under this Contract, to the cost of such services, and to all payments received by Contractor from Beneficiaries or others on their behalves. Contractor shall. transmit Beneficiary mental health information by telephone to County for the purpose of authorizing services or for quality and utilization management activities of CCMfP. D. cello (1) w and. V e 1. janlidity. This contract shall be governed by and construed in accordance with the laws of the State of California as amended, and if any provision of this Contract is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, unless the provisions held invalid or unenforceable shall substantially impair the benefits of the remaining portions of this Contract. (2) Ng,,Volume Quarantee. The County does not represent, warrant, or guarantee any minimum volume of patients or minimum enrollment of Beneficiaries to Contractor under this Contract. 2. PA A. omraenrsat, aid_Billincs. (l) g &"jgn U2 Coatxagtor. County shall. pay Contractor for Authorized Services in accordance with Attachment A (Rate Schedule) , which is attached hereto and incorporated herein by reference, less ;any financial obligation described in Paragraph 2. (Charges to Beneficiaries) and Paragraph 3. (Coordination of Benefits) below, as payment in full for all services rendered by Contractor pursuant to this Agreement. (2) Q&Z5Ms toB=Sfig a les, Some Beneficiaries are required by State law to contribute to the cost of their care. When CCMH authorizes services, it will notify Contractor as to Beneficiary payment obligation, if any. Contractor may bill Beneficiary for this amount and no more. County's financial liability hereunder is limited to that amount in excess of Beneficiary's share of cost, up to the rate for service shown in Attachment A (Rate Schedule) . In cases where Beneficiary's share of cost is. unpaid, Contractor must provide County with all information necessary for County to bill. Medi-Cal for the Authorized Services. (3) C 4iAa bion of Benefits. when Beneficiary has mental health care coverage through another payor, Contractor must make its best efforts to obtain payment from that payor, including but not limited to, complying with the payors authorization protocols. Contractor shall fsi.rst bill the primary payer for any Authorized Services. County's financial liability hereunder is limited to that amount in excess of Payor's share of cost, initials: Contractor County Dept. 4 69MCE PLS' Number• up to the rate set forth in Attachment A (Rate Schedule) . In cases where Payor's share of cost is unpaid, Contractor must provide County with all information necessary for County to bill Medi-Cal for the Authorized Services. (4) AIL1,1M ga=g. Contractor shall bill County for payment within sixty (60) calendar days after the date Authorized Service(s) is/are rendered, in the manner and on such forms as specified in the CCMHP Provider Manual. (5) 'fie for RS3MrjLt. County will use best efforts to pay a properly documented bill within thirty (30) calendar dales of receipt of said bill. in no event will County be liable for the payment of interest or other fees for late payments. B. g=Scrjb2d M2dig"ions AUd &ShgX_gLr,2rX Tests, (1) if Beneficiary is enrolled in a Medi--Cal health plan, County will not pay for any prescriptions or laboratory test(s) . Contractor shall ensure that prescriptions and laboratory teats covered by Beneficiary's Medi-Cal. health plats are actually paid by the Mesdi- Cal health plan. For those prescriptions and laboratory tests not covered by the Medi-Cal health plan, Contractor shall, ensure that Beneficiaries receive ; those prescriptions and laboratory tests through the State Fee-for-Service Medi-Cal Program. (2) if Beneficiary is a Medi-Cal Beneficiary but is not enrolled its a Medi-Cal health plan, County will not pay for any prescriptions or laboratory test(s) . Contractor shall, ensure that Beneficiaries receive their prescriptions and laboratory tests through the State Fee-for-Service Medi-Cal Program. Initials: Contractor County Dept. 5 tw SPEC AL 9==IONS Naber 1&M1razeee. Paragraph 19 (Insurance) of the General Conditions is hereby modified by the following paragraph: n19. 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: a. Liability, lag The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $2.50,000 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 insurances 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 prosgram{s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b< Corkers' npex}s tion. The Contractor shall provide workers' compensation insurance coverage for its employees. C Wgif ca ,g 9f 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. Profess jgMl Liability rostra . Throughout the term of this Contract, Contractor shall maintain professional liability insurance with a minimum coverage limit of $100,000 per claim/$300,000 annual aggregate for all damages or losses because of errors, omissions, or malpractice arising from the provision of professional services under this Contract. e. AUtjmal =aMXa&cA Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation: or material changes of the above specified coverage. " Initials: Contractor County Dept RATE Hi'cry.cunnrrr c t a ep ars er to aa: Ro to � , 40 0 4w go mmm � ch nos nss� � .. .. 4) as M cm ver Fis` f ai to m n o fpuo ,` 11 'CJ c " m m ` m c sn —w. cn ra sa Sr it to s — m res z m f o' o eta ca . -+ c '' a1�rm c m > . m rte"' z co 00 rn to w t* a x t;a cC � Wr "- tD •,, sn 40 fA WWSW — c► o t cas, oa3 rs wc� aswaxaa maw ap C5tn ImOC� c7er p , ar v+ 1010 40 44 sntmv co �► +�r, r to ......... ......... ......... ......... ......... ......... ......... . ._..... __ .......... ......... ......... ....................... ................ .... .. .. ....... ......... ......... ....._......... _. ......... ........................ .................. ......... ATTACB14SM B Number: PART-MUS, MMMSRS AND SUAVj ICI,F3, 5 I. fame of partner«: II . ernes of Members in 9ninccsrxjrj rated Ass©ciatation: III . Shareholders: Initials: Contractor County Dept. t; Longi c-osta i,ounry btandard Form 1#S7 (Purchase of Services) 1. CogIgIfaycg wits: Contractor shalt be subject to and comply vwith all Federal, .Mate and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. Z. IM$gSction. 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. a rte. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United Mates Government, the Contractor's regular business records and such additional records pertaining to this Contract as:may be required by the County: a. Retention 2f ecorris. The Contractor shall retain all documents.,pertaining to this Contract for five years from the date of subn ission 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. Accen 12.Beola and R f r SMbMtracr. Pursuant to Section I861(v)(1) ofthe Social Security Act,>and any regulations promulgated thereunder,Contractor hhall, upon written request and until the expiration of four yews afterthe fiunishing of services pursuant to this Contract, matte available to the Secretary of Heaalth 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 throughh 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 casts 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. ftgWng RegWmm nts. 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. 5. Terminat dn. a. Wri= tai . Ths Contmct 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. 1 .................. ............... I-Osta %, Uuuty Malidard "rm JA7 9=BACOMM= (Purchase of Services) b. Elffun Ig Perform. The County,upon written notice to Contractor, may immediately terminate this Contract>should the Contractor fail to perform propefly 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 Contracto?s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the Cownys rights otherwise to recover its damages. C. Cess ft gffgndln . Notwithstanding Paragraph 5-& above, in the event that Federal, State, or other non-County funding for this Contract ceases,this Contract is terminated without notice. 6. entire AgMoenj 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 bedeemed to exist or to bind any of the parties hereto. 7. Ejrd&5gceMrIM_#Un for Qpera—ting Proodurg. 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 anymanner 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. Mqdificatioa, d.AmendMM. - An- 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 orafter Board approval, by its designee, subject to any required State or Federal approval. b. AftialMdve ALnendments. 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. Diso 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. 10, Choice o-Law and Personal IMAsdigAgn. 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. 2 ............. Ouujivaru rorm 1/6'1 QtMM COIND M— OPj§ (Purchase of Services) 1 1. and Sake RMkogas and-LaW 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 aiYSE by QUty 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 ads, 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. Sub and Aslinglent. 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 assignthis 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, IMISOM—ftt Coggag"o 5tatus. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relatonship>between the parties of agent, servant, employee, partnership,jointventure or association. 15. Cinf ftgfjm Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in makin& 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. didll. 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. 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 admiinistration 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 maybe guilty of a misdemeanor. 17. &Rdiscri in&tory Scrvica Contractor agrees that all goods and services under this Contract shall be available to all qualed 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 ear instniction, is. We nifcation. The Contractor shag 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 wising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, 3 ............................... .................... srvurxN �,vpaw .as�auaJ OWAAtAMU VQrM hiss PF OINS (Purchase of Services) employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole wiffW misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures,including reasonable attorneys'fres,the County may've 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 prevision applies at the sole cost and expense of the Contractor. 19. IMULArIce. 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. Liabft Insurance. The Contractorshall 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 dame 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 programs)shall not be required to contribute to any loss covered under the Contrac- toes insurance policy or policies. b. Vprkers` Compensgtion. The Contractor shall provide workers` compensation insurance coverage for its employees. C. Ccrtifi'cate of,JAsuranee. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and workers 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 poWies)or arnend 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 Insuruse 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. N9* . AM notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States snail, 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 e&ct ve 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. Edpl o[Gtoeml Conditions. Except for Special Conditions which expressly supersede Central Conditions, the Special Conditions(if any)and Service Plan do not limit any term of the General Conditions. 22. '1,�Tonrertewal. 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. 4 ........................ ........................... MauuarU rOrm 1/37 figmmL CON"MNS (Purchm of Semmes) 23, LoAaKa'Inters,t. 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 ThiaRaM Ben+ car s. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to nwnbers of the County's populatiori,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. CqVmEd"h and fthts in.P_A_ta. 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 Admini- strator. 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. 26. Ud 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 behalfofContra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisori, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. RMMIrgd_AU& If Contractor is funded by$25,000 or more in federal:grant fLmds in any fiscal year from any source, Contractor shall provide to County at Contractoes expense an audit conforming to the requirements set fordi in the most ament 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,tontractor shall arrange for conduct of the federWly-required audit bietwially and shall submit the audit to County in the time, form, and mariner 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 fbr 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.