HomeMy WebLinkAboutMINUTES - 03132007 - C.80 1
TO: BOARD OF SUPERVISORS r Contra
FROM: William Walker, M.D. Health Services Director
By: Jacqueline Pigg, Contracts Administrator __ Costa
DATE: Hareha2y 2007
SUBJECT: Approval of Contract#27-615-1 with Outcomes,Inc. County
� 'D
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND JUSTIFICATION
RECOMMENDATION(S):
Approve and authorize the Health.Services Director, or his designee (Richard Harrison) to execute
on behalf of the County, Contract#27-615-1 with Outcomes, Inc., a corporation, in an amount not to
exceed $116,000, to provide Health Plan Employers Data Information Set(NEDIS) chart review and
data collection services, for the period from April 1, 2007 through March 31, 2008.
FISCAL IMPACT:
This Contract is funded 100%by Health Plan Member Premiums.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
The Health Plan is mandated by State of California and the Federal Government to provide certain
administrative statistical data in the HEDIS. Data collected by the Contractor will be used by the
Health Plan to meet the State's HEDIS reporting requirements.
On April 25, 2006, the Board of Supervisors approved Contract #27-615 with Outcomes, Inc. to
provide site evaluations and assessments, HEDIS medical records review, medical records audits,
financial and billing audits, data validation, and clinical data abstractions related to measuring the
quality and appropriateness of health care services, for the period from April 1, 2006 through
March 31, 2007.
Approval of Contract #27-615-1 will allow the Contractor to continue to provide services, though
March 31, 2008.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
,-"RECOMMENDATION OF COUNTY ADMINISTRATOR REC MMENDATION OF BOARD COMMITTEE
APPROVE O ER
SIGNATURE (S):
ACTION OF BOARD O �J APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISO I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
NANIMOUS (ABSENT) AND ENTERED ON THE MINUTES OF THE BOARD
AYES: N E('1 S: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
a-Aof:)
Contact Person: Richard Harrison 313-6004 ATTESTED �� � ��
( ) JOHN CULLEN, CLERK OF THE 6 ARD OF
CC: Health Services Department (Contracts) SUPERVISORS AND COUNTY
/ADMINISTRATOR
Auditor Controller —"' l/
Contractor BY i DEPUTY
RECEIVED
TO: BOARD OF SUPERVISORS VIAK 07 Z007 c " ........ Contra
. 'V /
FROM: Liohel D. Chatman, Coun�tY I �cp+ iunty •�
4airtinez-Central Probati -- C o S fia
DATE: March 6, 2007 ;;
County
srA•covN'C't
SUBJECT: Enhanced Disproportionate Minority Contact
(DMC) Technical Assistance Project Contracts .
SPECIFIC REQUEST(S)IOR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the County Probation Officer, or designee; on'behalf of.the.Board of
Supervisors,.to execute contracts with the following agencies for the .Enhanced Disproportionate
Minority Contact;(DMC) Technical Assistance Project Data Collection and Analysis, for the period of
March 7, 2007 through December 31,
2007..
Services Category / Agency Amount
Expert Consultant Thelton E. Henderson Center for Social Justice $ 35,000
Data Collection and Analysis Mark Morris and Associates $ 32,500
FISCAL IMPACT:
There will be no additional costs to the County and no County match is required.
BACKGROUND;
The Contra Costa County Probation Department received a grant in the amount of
$150,000 from the California Corrections. Standards Authority (CSA) for an Enhanced
Technical Assistbnce Program for Disproportionate Minority Contact (DMC). DMC refers to
the over-representation of youth of color who come into contact with the Juvenile Justice
System relative to their number in the general population.
Funding from thip CSA enables the Contra Costa County Probation Department to continue
to address the igsue of DMC by enabling us to contract with an expert consultant to guide
the formation of;report request and case file analysis and to facilitate and to train Juvenile
Probation staff in recognizing and addressing the factors that contribute to DMC within the
Juvenile Justice.System.
Additionally, the.data Collection and analysis contract will allow the Probation Department to
create a cohort study that will assist both our Department and the community in addressing
DMC. We are committed to pursuing accurate and.meaningful data relating to youth of color
Who come into contact with the Probation Department.
CONTINUED ON ATTACHMENT: _YES SIGNATURIT_'_j'
_____
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
r
SIGNATURE(S):
Action of Boar o ._ V' �Wl K� Approved as Recommended Other
VOTE OF-SUPERVISORS I HEREBY CERTIFY THAT THIS 13 A TRUE
AND CORRECT.COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT (/ ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT: Lioriel Chatman 313-4188 JOHN CULLEN,CLERK OF THE BOARD OF
Cc: CCC Probation SUPER ORS AND COUNTY ADMINISTRATOR
County Administrator's Office-J.Enea
Cor(ecllons Standards Authority via Probation �\� BY ���'DEPUTY
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the folloltiring legal
authorities:
California Government Code: 31000
1o. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
(By By D `
ai esignee Deputy
CONTRACTOR
Name o business entity kV%z ke"16 64 1%me of business entity
By(
By
1� D
(Print name and title A, if applicable)
(Print name and title B, if applicable)
Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by'two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
L-1 (Page 2 of 2)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number 35604
Standard Form L-2 (Purchase of Services - Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By:
Designee De uty
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
insert name and title of the 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/she/they executed the same in his/her/their authorized capacity(ies), 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 the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
L-2 (Page 1 of 1)
Contra Costa County PAYMENT PROVISIONS Number 35604
Standard Form P-2 (Cost Basis Contracts - Long and Short Form)
Revised 2002
1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all services provided for County
under this Contract shall only be for allowable costs that are actually incurred in the performance of
Contractor's obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the
Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work,
expenses or costs provided or incurred by Contractor:
[Check one alternative only]
Fla.$ monthly, or
❑
b.$ per unit, as defined in the Service Plan, or
® c.An amount equal to Contractor's allowable costs that are actually incurred each month,but subject to the
"Budget of Estimated Program Expenditures" included in the Service Plan.
❑ d.As set forth in Paragraph 1. of the Service Plan.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with:
[Check applicable alternative]
❑ a. Such State regulations and documents as are set forth in the Service Plan regarding accounting
guidelines, including standards for determining allowable or non-allowable costs.
❑ b. Department of Health and Human Services Administration of Grants Federal Regulations Title 45
Part 74 including any,amendments thereto and the applicable Subpart listed hereunder; and other
documents specified in the Service Plan regarding principles for determining and allocating the
allowable costs of providing the services; and any standards set forth in the Service Plan for
determining the allowability of selected items of costs of providing the services. Place a checkmark
next to the applicable subsection.
0(1) Federal Management Circular A-87, including any amendments to the circular published in
the Federal Register by OMB is to be used for determining allowable costs of activities
conducted by state and local governmental agencies.
❑(2) OMB Circular A-122, including any amendments to the Circular published in the Federal
Register by OMB is to be used for determining allowable costs of activities conducted by
nonprofit organizations (other than government agencies, educational institutions, and
hospitals).
0(3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals.
❑(4) OMB Circular No.A-21,including any amendments to the Circular published in the Federal
Register by OMB shall be the principles to be used for determining allowable costs by
educational institutions (other than for-profit institutions).
❑(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research,
development work, and other activities for determinin allowable costs.
Initials: , }o
Contractor County Dept.
Form P-2 (Page 1 of 3)
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-2 (Cost Basis Contracts - Long and Short Form)
Revised 2002
❑ c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section
674.402 and any amendments thereto; and California Department of Aging Title V Operations
Handbook, 1987, Section 505.4 and any amendments thereto.
4. Payment Demands. Contractor shall submit written demands on County Demand Form D-15 in the manner
and form prescribed by County. Contractor shall submit 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 2. (Payment Amounts) above.
5. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 4.
(Payment Demands)above, County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
6. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried .out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate 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.
7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract,
Contractor shall submit to County a cost report in the form required by County, showing the allowable costs
that have actually been incurred by Contractor under this Contract. If the cost report shows that the allowable
costs actually incurred by Contractor under this Contract exceed the payments made by County, subject
nevertheless to the payment limit of this Contract, County will remit any such excess amount to Contractor,
provided that the payments made,together with any such excess amount,may not exceed the contract payment
limit. If the cost report shows that the payments made by County exceed the allowable costs actually incurred
by Contractor under this Contract, Contractor shall remit any such excess amount to County.
8. Audits. The records of Contractor may be audited by the County, State, or United States government, in
addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit
required by the Service Plan shall be submitted to County by Contractor within such period of time as may be
expressed by applicable state or federal regulations,policies or contracts,but in no event later than 18 months
from the termination date of this Contract. If such audit(s)show that the payments made by County exceed the
allowable costs that have actually been incurred by Contractor under this Contract,including any adjustments
made pursuant to Paragraph 7. (Cost Report and Settlement),then Contractor shall pay County within 30 days
of demand by County any such excess amount. If such audit(s) show that the allowable costs that have
actually been incurred by Contractor under this Contract exceed the payments made by County,including any
adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then County agrees to pay
V
Initial46o—n
tractor County Dept.
Form P-2 (Page 2 of 3)
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-2 (Cost Basis Contracts -Long and Short Form)
Revised 2002
Contractor any such excess amount, provided that payments made, together with any such excess payment,
may not exceed the contract payment limit.
9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to
accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate
county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of
demand,Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal
government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to
perform properly any of its obligations under this Contract.
Initials-
Contractor County Dept.
Form P-2 (Page 3 of 3)
Contra Costa County SERVICE PLAN OUTLINE Number: 35604
Standard Form L-3 (Purchase of Services—Long Form)
Revised 2002
SERVICE PLAN
1. Contractor will provide the following data collection and analysis services:
a. Assist in the formulation of report requests and case file analysis in collaboration wth the
disproportionate minority contact (DMC) Coordinator, and work with the Law& Justice system
administrator to compile reports.
b. Review hard copy case files and enter data from the Probation Department data base and hard
copy case files into an electronic database. .
c. Safely store, back up, and manage the electronic data file.
d. Report on all factors in a cohort of 50-100 randomly selected juvenile offenders and conduct an,
analysis of case processing patterns and outcomes by location, age, gender, offense, criminal
history and ethnicity.
e. Work with the DMC Coordinator and the Probation Department IT staff to identify and help create
variables for the future case management system system.
f. Prepare trend reports and provide information for required quarterly reports to the Corrections
Standards Authority.
2. Population to be served: Contra Costa County juvenile offenders from key areas identified.
3. Payment amounts: A ten-month project budget is as follows:
Mark Morris: 10 hours @ $135/hour(est. 1 hr/mo) $1,350
For project management
Lorenza Hall: 150 hours @ $85/hour(est. 15 hr/mo) 12,750
For data design and analysis tasks
Dinh Truong Davidson: 400 hours @ $45/hour(est. 40 hr/mo) 18,000
For data collection and analysis,
and reporting tasks
Other Expenses: 400
$32,500
Personnel rates include salary, benefits and prorated overhead and operating expenses. The "Other
Expenses" category covers costs specific to this project including mileage and duplication expenses.
Initials:
Cont actor County Dept.
L-3 (Page 1 of 1)
Contra Costa County Number 35604
Standard Form L-4
Revised 2002
SPECIAL CONDITIONS
(Purchase of Services - Long Form)
1. Modified Insurance Requirements. Paragraph 19 (Insurance) of the General Conditions is
modified by the addition of a subparagraph e. to read as follows:
19. Insurance.
e. Automobile Insurance. During the entire term of this Contract and any
extension or modification thereof, Contractor shall keep in effect a policy or
policies of motor vehicle liability insurance, naming the County and its officers
and employees as additional insureds, for any use Contractor makes of a private
automobile in the performance of this Contract, as required by State law, in
amounts not less than:
(1) $100,000 for personal injury to, or death of one person;
(2) $300,000 for injury to, or death of, two or more persons, per occurrence;
and
(3) $500,000 for property damage.
f. Insurance Certificate. Not later than the effective date of this Contract,
Contractor shall provide County with a certificate(s) of insurance evidencing the
above liability insurance. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above-
specified coverage."
Initials: ;.
Contractor County Dept.
Form L-4 (Page 1 of 1)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Lang Form)
Revised 2003
1. , Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws
and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment
and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination.
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. 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 County,the
Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives,
this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs
and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of
$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written
request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the
subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to
verify the nature and extent of all costs and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of records
under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
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.
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
L-5 (Page 1 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Forn L-5 (Purchase of Services -Long Form)
Revised 2003
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County
may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
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 Contractor and County. Informal Agreements shall
be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify
that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money to be paid Contractor as provided herein. Infonnal Agreements maybe approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
.Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to
any required state or federal approval.
b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may
be amended by a written administrative amendment executed by Contractor and the County Administrator (or
designee), subject to any required state or federal approval, provided that such administrative amendment may not
materially change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of
this Contract shall be subject to final written determination by the head of the county department for which this Contract is
made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal
government.
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.
L-5 (Page 2 of 6)
Initials:
(�nnt artnr Cnunty T i-nt
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2003
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 County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of said performance,or payments therefor,
or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the
County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
l 3. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the
Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
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 they know or have reason to know they have 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.
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.
L-5 (Page 3 of 6)
Initials: t:
C
not artnr rnmty Vent.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2003
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, ethnic background, disability, or sexual
orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees
from any and all claims,costs and liability for any damages, sickness,death,or injury to person(s)or property, including
without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected
with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and
except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or
employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may
make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any
claims or litigation to which this indenmification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
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 County
and its officers and employees as additional insureds as to all services perfonned by Contractor under this agreement.
Said policies shall constitute primary insurance as to County,the state and federal governments, and their officers,
agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be
required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the
total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County
with a copy of the endorsement making the County an additional insured on all general liability, worker's
compensation, and, if applicable, all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its
employees.
C, Certificate of Insurance. The Contractor shall provide the County with.(a) certificate(s) of insurance
evidencing liability and worker's compensation insurance as required herein no later than the effective date of this
Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or
amend the coverage afforded through an endorsement to the policy at any time during the teen of this Contract,then
Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change of the above specified coverage.
L-5 (Page 4 of 6)
Initials: �,��
Contractor Countv Dent.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2003
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 County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to
County shall be the date of receipt by the head of the county department for which this Contract is made.
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 or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of
land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such
interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the
payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that
such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this
Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting fi-on
activities supported by this agreement without the express written consent of the County Administrator. If any material is
subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the
material is copyrighted,County reserves a royalty-free,nonexclusive, and irrevocable license to reproduce, publish, and
use such materials, in whole or in part, and to authorize others to do so.
26._ Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a
particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for
such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity;Contractor shall
not participate or appear 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.
L-5 (Page 5 of 6)
Initials: ,< C
C:rnitractnr C'rn.mty bent.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2003
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.
27. Required Audit. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year
ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-
133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December
31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in
any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit
requirements for
that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials
of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. if
any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in
(A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost.
County may withhold the estimated cost of the audit or 10 percent of the'contract amount, whichever is larger, or the
final payment, from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6)
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nntractnr County Dent.
Contra Costa County STANDARD CONTRACT Number 35604
Standard Form L-1 (Purchase of Services - Long Form) Fund/Org# 3000
Revised 2002 Account # 2310
Other #
1. Contract Identification.
Department: Probation Department
Subject: Enhanced Disproportionate Minority Contact 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: Mark Morris Associates
Capacity: Sole Proprietor
Address: 482 Tahos Rd., Orinda, CA 94563
3. Term. The effective date of this Contract is March 6, 2007. It terminates on January Q1, 2008
unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 32,500.00.
5. County's Obligations. County shall make to the Contractor those payments described in the
Payment Provisions attached hereto which are incorporated herein by reference, subject to all the
terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that wort:
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:
Enhanced Disproportionate Minority Contact Project.
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