Cal. Code Regs. tit. 17 § 50607

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 50607 - Regional Center Contracting Requirements

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).

Cal. Code Regs. Tit. 17, § 50607

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.

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).