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HomeMy WebLinkAboutMINUTES - 03132001 - C.9 TO: BOARD OF SUPERVISORS `` '_s._-='' Contra FROM: INTERNAL OPERATIONS COMMITTEE •' ,• Costa O: ,/hIG1TL 3� z DATE: MARCH 13, 2001 7 �OsrA C----- County SUBJECT: POLICY CHANGE FOR CONSUMER MEMBERSHIP ON THE IN-HOME SUPPORTIVE SERVICES (IHSS) PUBLIC AUTHORITY ADVISORY COMMITTEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE an amendment to the age requirements of two consumer membership seats on the In- Home Supportive Services (IHSS) Public Authority Advisory Committee from "under 65 years of age" to "under 60 years of age". BACKGROUND: On December 12, 2000, the Board of Supervisors referred to the 10 Committee consideration of a change of policy regarding consumer membership on the IHSS Authority Advisory Committee. The request to change the membership policy stems from a difficulty in recruiting and retaining consumers aged 65 and above who are willing and able to participate in the activities of the Advisory Committee. In December, the Advisory Committee proposed a membership policy change that the Advisory Council on Aging would not endorse. Since that time, the two advisory bodies have reached agreement on a membership policy that will meet the needs and requirements of both bodies. At the recommendation of the Internal Operations Committee, the Board of Supervisors on February 27, 2001 approved an amendment to the policy regarding consumer membership on the IHSS Public Authority Advisory Committee. However, the recommendation proffered for the Board's approval was incomplete. To rectify the'omission, the Board is requested to approve this additional amendment, consistent with the original intent of the Committee (reference Attachment). CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): JHN GIOIA MARK DeSAULNIER ACTION OF BOARD ON March 13, 2001 APPROVE AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT none ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED March 13, 2001 CONTACT: JULIE ENEA (925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE STAFF JOHN CULLEN,EHSD Director ELDON LUCE, IHSS Authority Executive Director CLERK OF THE BOARD(MADDY BOOK) , DEPUTY TO: BOARD OF SUPERVISORS ? -8- L Contra FROM: INTERNAL OPERATIONS COMMITTEE �'• Costa DATE: FEBRUARY 27, 2001 County SUBJECT: POLICY CHANGE FOR CONSUMER MEMBERSHIP ON THE IN-HOME SUPPORTIVE SERVICES (IHSS) AUTHORITY ADVISORY COMMITTEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE an amendment to the age requirements of the four consumer membership seats on the In-Home Supportive Services (IHSS) Authority Advisory Committee from "65 or older" to "60 or older". BACKGROUND: On December 12, 200.0, the Board of Supervisors referred to the 10 Committee consideration of a change of policy regarding consumer membership on the IHSS Authority Advisory Committee. The request to change the membership policy stems from a difficulty in recruiting and retaining consumers aged 65 and above who are willing and able to participate in the activities of the Advisory Committee. In December, the Advisory Committee proposed a membership policy change that the Advisory Council on Aging would not endorse. Since that time, the two advisory bodies have reached agreement on a membership policy that will meet the needs and requirements of both bodies. The Internal Operations Committee approved the proposed revised membership policy at its February 5, 2001 meeting and now proffers its recommendation to the Board. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): H&NG 110 1 MAK'Fee SAULNIER ACTION OF BOARD ON February 27 , 2001 APPROVE AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN XX UNANIMOUS(ABSENT — — — ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED 1 CONTACT: JULIE ENEA (925)335-1077 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE STAFF JOHN CULLEN,EHSD Director ELDON LUCE, IHSS Authority Executive Director CLERK OF THE BOARD(MADDY BOOK) ,DEPUTY EMPLOYMENT & HUMAN SERVICES CONTRA COSTA COUNTY Date: January 19, 2001 MEMO TO: Board of Supervisors —Internal Operations Committee Supervisor John Gioia, Chair Supervisor Mark DeSaulnier FROM: Eldon Luce, Executive Director, IHSS Authorityv� John Cullen, Director, Employment & Human Service�Dent SUBJECT: Change of Policy Regarding Consumer Membership on the In Home Supportive Services Authority Advisory Committee RECOMMENDATION Approve the following change of policy regarding consumer membership on the IHSS Authority Advisory Committee. _Membership shall include six (6) consumers:. 1. Consumer members shall be individuals who are current or past users of personal assistance services paid for through public or private funds; 2. At least 50 percent of consumer members shall be current users of IHSS; 3. Consumer members will represent two age categories, i.e., consumers 65 60 years of age or older and consumers under 65 60 years of age; 4. Four (4) consumer members will be 65 60 years of age or older; two (2) consumer members will be under 65 60 years of age; and 5. Consumer members shall be residents of Contra Costa County. BACKGROUND On December 12, 2000, the Board of Supervisors approved Item C.9 referring to the Internal Operations committee consideration of a change of policy regarding consumer membership on the In Home Supportive Services Advisory Committee. The current policy for IHSS Authority Advisory Committee membership approved by the Board of Supervisors on May 4, 1999 requires four (4) consumer members being appointed who are 65 years of age or older; and two (2) consumer members being appointed who are under 65 years of age. The remaining five (5) members of the Advisory Committee are appointed from each of the 1 Board of Supervisors Internal Operations Committee January 18, 2001 Page Two of Two five supervisorial districts. The policy also allows for an annual review to determine if Advisory Committee membership meets the needs of key stakeholder groups. The Public Authority Advisory committee recommended that consumer membership on the committee be changed to be evenly divided between consumers age 65 and above and consumers under age 65 thereby having three (3) members in each age category. The Advisory Committee made this recommendation because, since its inception, it has had considerable difficulty re- cruiting and retaining consumers age 65 and above who are willing and able to fully participate in the activities of the committee. The Committee has not had similar difficulties regarding con- sumers under age 65. For this reason and because it is the belief of the Advisory Committee that both consumer categories have much in common (relative to IHSS), the Advisory Committee recommended this change in membership policy. However, the Advisory Council on Aging felt that the existing policy regarding consumer mem- bership on the Public Authority Advisory Committee should be retained. The Advisory Council on Aging feels that consumer membership of the Public Authority Advisory Committee should continue to reflect the make-up of the IHSS client population which is approximately 2/3 elderly and 1/3 that are younger individuals with disabilities. This age profile of the client population served as the rationale for the age.designation of the consumer seats in the membership policy adopted by the Board of Supervisors in May 1999. The Advisory Council on Aging believes that the needs of the older and younger client population are different and warrant appropriately bal- anced representation. In response to Advisory Council on Aging concerns the Authority Advisory Committee has amended its proposed policy change. The amended policy maintains the proportional relation- ship to the IHSS client population (2/3 elderly and 1/3 that are younger individuals with disabili- ties) and lowers the age of those representing the elderly from 65 to 60. Both the Advisory Council on Aging and the Authority Advisory Committee are in support of the amended policy change. In addition, the Advisory Council on Aging has expressed a willingness to work with the IHSS Authority Advisory Committee on an ongoing basis to recruit consumer members age 60 and above for the IHSS Authority Advisory Committee. EL:BS:sgb cc: Bob Sessler, Director, Aging and Adult Services \\LIiSDPROI\SGBROWNS\Sessler\lhss Public Authority\Metuo to Board.11801 doc 2 CI TO: BOARD OF SUPERVISORS Contra FROM: John Cullen, E&HSD Director ' � - • Eldon Luce, IHSS Authority Executive Director "moi g:. :{ Costa DATE: November 29, 2000 .. ...� A� �* County SUBJECT: ACCEPT THE RESIGNATION OF BARBARA STOUT FROM THE IHSS AUTHORITY ADVISORY COMMITTEE AND REFER TO THE INTERNAL OPERATIONS COMMITTEE CONSIDERATION OF A CHANGE OF POLICY REGARDING CONSUMER MEMBERSHIP ON THE AUTHORITY ADVISORY COMMITTEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Per the attached letter,accept the resignation of Barbara Stout from the IHSS Authority Advisory Committee. DECLARE a vacancy on the IHSS Authority Advisory Committee and REFER to the Internal Operations Committee consideration of a change of policy regarding consumer membership on the Authority Advisory Committee. BACKGROUND Ms. Stout has resigned from the Advisory Committee due to health reasons. It is, therefore, appropriate for the Board to declare her seat vacant. However, before the process can go forward to recruit a replacement for her seat, the Internal Operations Committee needs to consider differing recommendations regarding consumer membership on the IHSS Authority Advisory committee. The current policy for IHSS Authority Advisory Committee membership approved by the Board of Supervisors on May 4, 1999 re- quires four(4) consumer members being appointed who are 65 years of age or older; and two(2) consumer members being appointed who are under 65 years of age. The remaining five (5) members of the Advisory Committee are appointed from each of the five su- pervisorial districts. The policy also allows for an annual review to determine if Advisory committee membership meets the needs of key stakeholder groups. (See attachment.) The Public Authority Advisory Committee recommends that consumer membership on the committee be changed to be evenly divided between consumers age 65 and above and consumers under age 65 thereby having three(3)members in each age category. The Advi- sory Committee is making this recommendation because, since its inception, it has had.considerable difficulty recruiting and retaining consumers age 65 and above who are willing and able to fully participate in the activities of the committee. The Committee has not had similar difficulties regarding consumers under age 65. For this reason and because it is the belief of the Advisory committee that both consumer categories have much in common(relative to IHSS),the Advisory Committee recommends this change in membership policy. The Advisory Council on Aging recommends that the existing policy regarding consumer membership on the Public Authority Advi- sory Committee be retained. The Advisory Council on Aging feels that the consumer membership of the Public Authority Advisory Committee should continue to reflect the make-up of the IHSS client population which is approximately 2/3 age 65 and above and 1/3 below age 65. This age profile of the client population served as the rationale for the age designation of the consumer seats in the membership policy adopted by the Board of Supervisors in May 1999. The Advisory Council on Aging believes that the needs of the older and younger client population are different and warrant appropriately balanced representation. In addition, the Advisory Council on Aging feels that it is premature to change the membership policy of the Public Authority after less than one year of operation. The Advisory Council on Aging is willing to work with the IHSS Authority Advisory Committee on an ongoing basis to recruit consumer members age 65 and above for the IHSS Authority Advisory Committee. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �--JCPPROVE OTHER SIGNATURE(S): ACTION OF BOAR N December 12, 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENTDlstrlct V vacant 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 December 12, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF UP RVISORS AN COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) Contra Costa County Standard Form 1/87 STANDARD CONTRACT (Purchase of Services) g 1. Contract Identification. � r Department: Board of Supervisors Subject: Economic Development/Transportation District 5 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: S.Anthony Donato Capacity: Private Consultant Taxpayer ID# 572-3211780 Address: 4362 Oakdale Place, Pittsburg,94565 3. Term. The effective date of this contract is February 1,2001 and it terminates January 31,2002 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to contractor under this Contract shall not exceed 50,000 . 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 Obli atg ions. Contractor's shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This contract is subject to the General Conditions and Special Conditions (if any)attached hereto,which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described project,the application and approval documents of which are incorporated herein by reference: See Service Plan. 9. Legal Authority_. This Contract is entered into under and subject to the following legal authorities: Government Code Section 26227 10. Signatures. These signatures attest the parties' agreement hereto: CONTRY OF CONTRA COSTA,CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board f Supervisors and County Administrator 01 BOPERVIS RS ;6 By By EhaiRp.w.'Designee Deputy CONTRACTOR .By By (Designate official business capacity A.) (Designate offic" smess 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 §1190) and Corporations code § 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form 1/87 PAYMENT PROVISIONS (Fee Basis Contracts) Number 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions , County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only. ] [ ] a. $ 4, 167 monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. $ , after completion of all obligations and conditions herein. 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. Bight to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document 'its demand(s) for payment. 4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, reply- ing 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 attributab a to the Contractor's failure to perform properly any of its obligatio under thiAt Contract . Initials: ,Colhtractdfc County Dept . Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL 1, L By By r Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On'K � \to,achk, before me, •.�� �� ` ` (insert name and title of the fficer), personally appeared •F personally known to me (oPjwQ*@d— enee4 to be the person''& whose name is aye-subscribed to the within instrument and acknowledged to me that)hsheMtey executed the same in ti authorized capacity(), and that by<ED4w44ieif signature(kon the instrument the person(, or the entity upon behalf of which the personKacted, executed the instrument. ab' WITNESS MY HAND AND OFFICIAL SEAL. YNNGG•RBCHARD Commission# 1215108 = Z Notary Public-Califomia Contra Costa County al my comm.Bow Apr 5,20113 Signature ACKNOWLEDGMENT(by Corlwralion.Pannership,or Individual) (Civil Codc§1189) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - - - - _ - - _ - - _ - - _ - - _- - - - - - - - - - _ - - - - - - - -.-,, N. I� ,J State of California ss. County of c\ �• S, ec�before me, I; a4 nd Title of Officer(e.g.,"Jane Doe.Notary Public") '1 personally appeared i Name(s)of Signer(s) C ersonally known to me evic#eese to be the person fq whose name('Gafe– subscribed to the within instrument and ) acknowledged to me that(gshaAuoy executed -I the same in Qfier/ ietr authorized capacity(W4), and that by psi ''befA49= i I. LYNN G.REICHARD signature on the instrument the person(,, or � Q Commiccion# 1215X38 = the entity upon behalf of which the person z -�s Notary Public-California +� Contra Costa County acted, executed the instrument. My Comm,cxp'ves Apr 5,2003 WITNESS my hand and official seal. I Place Notary Seal Above :���Signature of Nt.,Puloc��� '1 ;. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: l I' I Document Date: umber of Pages: •I I � Signer(s) Other Than Named Above: _ I I Capacity(ies) Claimed by Signer i Signer's Name: Individual Top Of thumb here 1- Corporate Officer—Ti s): Partner—L-i Lim' fJ General I CJ Attorney in F Trustee n Gu Ian or Conservator er: ;I Signer Is Representing: I I 1 :5 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I' •1 State of California ss. County of C C5 �t I •1 before me, �� j; Dat C�frarne and Title of Officer(e.g.,'Jane Doe,Notary Public") f personally appeared Name(s)of Signer(s) 'rsonally known to me I; rY i ev*demee to be the person whose nameV) is a;e subscribed to the within instrument and acknowledged to me tha<Q&4e4bey executed ;I I the same inhis heathei- authorized ,] LYNN G.REICHARD capacity(i,K), and that by (S) w I _ Commission# 1215108I signatureKon the instrument the person(, or $ Notary Public-California Z ContmCosta County the entity upon behalf of which the person( i My Comm ExphesApr 5 2003 acted, executed the instrument. i I � WITNESS my hand and official seal. ) ii , ) Place Notary Seal Above Signature of NotaryPublic I• I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docum and could prevent fraudulent removal and reattachment of this form to another document. ;I l Description of Attached Document I Title or Type of Document: f Document Date: N er of Pages: I I Signer(s) Other Than Named Above: ;I I ,•I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual I j Top of thumb here , Corporate Officer—Title(s): ;I ❑ Partner—1-1. Limited 1 eneral ;I ❑ Attorney in Fact i ❑ Trustee f ❑ Guardian o onservator I 2- 1 Other: ;) Si r Is Representing: ©1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402-ChatsworthyCA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 Service Plan S. Anthony Donato Consultant shall report directly to Supervisor Glover and shall produce the work products as deemed necessary by the Supervisor. Such work products could include oral and written reports, development of options to resolve a problem, analysis of options, formulation of recommendations and facilitating in the implementation of polices and programs. Consultant services shall involve the following areas: 1. Facilitation of economic development improvements in the Pittsburg- Bay Point area primarily, and in East County and Countywide, where necessary, to enhance the primary objective. 2. Facilitation of transportation planning improvement in East County and in the region, where necessary, to improve the economic vitality of the area and quality of life. 3. Consultation on other problems and issues, which are related to the mitigation of negative imports caused by the Keller Canyon Landfill. 4. Act as liaison to East County's Cities on the above, and other work as required. 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. i ia. General Amendments. This Contract may be modified or amended by a written documentexecuted by the Contractor and the Contra Costa County Board of Supervisors or, iafter 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- I Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the. terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq. , or otherwise. 16. 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, G servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. 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. f C. Certificate of Insurance. The Contractor shall provide the County with (a) I certificate(s) of insurance evidencing liability and worker's compensation insurancd as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the i Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. -4- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy 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. -5- Contra Costa County Standard Form 1/37 GENERAL CONDITIONS (Purchase of Services) 26. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall submit the audit to County in the time, form, and manner fequired by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever ks larger, or the final payment, from Contractor until County receives the audit from Contractor. 27. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely- accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. I i I 4 ` -6- QUESTIONNAIRE FOR DETERMINING INDEPENDENT CONTRACTOR PAYMENT METHOD All new or renewal independent contractor agreements that do not meet IRS criteria for independent contract status must be paid through the payroll system so that withholding taxes and Social Security can be deducted (note: this does not apply in the case of contracts with corporations, temporary . help agencies , partnerships or established businesses with Taxpayer Identification number) . For completion by Department Personnel YES NO a. Do I, as the employer, have the right to control not only the result of the work, but also the way in which it is done? ( ) 06 b. Am I setting the independent contractor's j hours? C. Is the independent contractor restricted from taking jobs from other businesses at the same time they are working for me? d. Do I or other departments have employee (s) with similar duties as the independent contractor? ( ) e. Does the County supply assistants to the contractor? ( ) f. Is the duration of employment for a l ` specific period of time rather than a specific job? ( ) g. Does the County furnish training, tools, l ` or equipment to the contractor? ( ) A "yes" answer to any of the above questions will cons itute justification for paying the contractor through the payroll system. CONTRACTOR CERTIFICATION PREPARED BY: I Certify that the answers to � �J , A-C) the above questions accurately �l reflecte anticipated working relati nship. REVIEW D AND APPROVED BY: