California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 6 - Service Provider Accountability › Article 1 - General Provisions › Section 50607 - Regional Center Contracting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a regional center enters into a contract with a
						service provider, the contract shall include, but not be limited to, the
						following general provisions.
(a)
					 Contract provisions stating the parties, the general purpose, the services to
					 be provided, the date of execution, and the applicable statutes and regulations
					 applying to the contract.
(b) A
					 contract provision requiring a signature by authorized representatives of all
					 contracting parties. An electronic signature shall satisfy this
					 requirement.
(c) A contract
					 provision setting forth the definite effective dates, representing the
					 beginning and ending date.
(d)
					 Contract provisions to include the definitions of terms unique to the contract
					 or contracted service.
(e) A
					 contract provision stating that the execution of any amendment or modification
					 to the regional center/service provider contract shall comply with the
					 requirements of applicable statutes and regulations.
(f) A provision stating that the service
					 provider and the agents and employees of the service provider, in the
					 performance of the contract, shall act in an independent capacity, and not as
					 officers or employees or agents of the State of California or the regional
					 center.
(g) A provision stating
					 that assignment of the contract for consumer services shall not be
					 allowed.
(h) A contract provision
					 indicating that all services shall be rendered in accordance with specifically
					 identified provisions of statute, and Federal and State regulations.
(i) A contract provision stating that the
					 terms of the contract shall not be construed to excuse compliance with existing
					 statutes or regulations.
(j) A
					 contract provision stating that subcontracting of services for which the
					 service provider is vendored shall not be permitted except for contracts for
					 transportation services or community-based day program services pursuant to
					 Title 17, California Code of Regulations, Section
					 56710(b).
1. New
						section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2.
						Amendment of subsection (k) filed 9-26-91; operative 9-26-91 pursuant to
						Government Code section
						11346.2(d)
						(Register 92, No. 10).
3. Repealer of subsection (h) and
						relettering, amendment of subsection (j) and NOTE filed 11-5-91 as an
						emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance
						must be transmitted to OAL 3-4-92 or emergency language will be repealed by
						operation of law on the following day.
4. Repealer of subsection (h)
						and relettering, amendment of subsection (j) and NOTE refiled 3-4-92 as an
						emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance
						must be transmitted to OAL 7-2-92 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance
						as to 3-4-92 order including amendment of NOTE and HISTORY 4 transmitted to OAL
						6-25-92 and filed 8-6-92 (Register 92, No. 33).
6. Amendment of
						section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for
						printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section
						147(a) (Register
						93, No. 26).
7. Certificate of Compliance as to 6-17-93 order
						transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No.
						31).
8. Change without regulatory effect amending subsection (g)
						filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
9. Amendment of subsection (b) and
						NOTE filed 1-17-2012; operative 2-16-2012 (Register 2012, No.
						3).
Note: Authority cited: Sections
						  4405,
						  4631
						  and
						  4648.2,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4629(f),
						  4631,
						  4641.5,
						  4648.1,
						  4690.1
						  and
						  4691,
						  Welfare and Institutions Code.