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HomeMy WebLinkAboutMINUTES - 08091994 - 1.44 TO: BOARD OF SUPERVISORS FROM: Mark Finucane, Health! ServicesDirector YContraBy: Elizabeth A. Spooner, Contracts Administrator Costa DATE: July 22, 1994 COUW SUBJECT: Approval of Contract #24-686-1 with Paradigm Innovations, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Lorna Bastian) , to execute on behalf of the County, Contract #24-686- 1 with Paradigm Innovations, Inc. , for the period from July 1, 1994 through June 30, 1995, with a payment limit of $24, 000, to provide consultation and technical assistance to the Department with regard to development and/or expansion of residential programs for the County's severely and persistently mentally ill (SPMI) clients. II. FINANCIAL IMPACT: This Contract is funded 100% by Federal SAMHSA Block Grant funds. No County funds are required. The payment limit of the prior Contract, for the period from November 15, 1993 through June 30, 1994, was $24, 000. Approval of this new Fiscal Year 1994-95 Contract, with a payment limit of $24, 000, will result in a cumulative twelve-month total in excess of $25, 000, and therefore, Board of Supervisors approval is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: In November, 1993, the County Administrator's Office approved, and the Purchasing Agent executed, Contract #24-686 with Paradigm Innovations, Inc. , for consultation and technical assistance to the Department with regard to 'residential programs and housing options for the County's SPMI clients. Approval of Contract #24-686-1 will allow the Contractor to continue providing these services through June 30, 1995. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ATI N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON 4 APPROVED AS RECOMMENDED OTHER VF SUPERVISORS O� UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD O Contact: Lorna Bastian (313-6411) F SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED a-- --r q�_ �� !19 �L Risk Management Phil oatehe *of the T10ird of Auditor-Controller Suverrisors and County Ad inistrator Contractor M382/7-e3 BY ly�,�l lrj 0 os DEPUTY Contra.Costa County Number ` 2'-686-1 Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org # 5942 Account # 2310 1. Contract Identification. Other # Department: Health Services - Mental Health Division Subject: Consultation and technical assistance with regard to residential programs for the County's severely and persistently mentally ill clients 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: PARADIGM INNOVATIONS, INC. Capacity: California corporation Taxpayer ID # 68-0276365 Address: 375 Donegal, Martinez, California 94553 Mailing Address: P.O. Box 1589, Martinez, California 94553 3. Term. The effective date of this Contract is July 1. 1994 and it terminates June 30. 1995 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $24,000. 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon Contractor's submission of a properly documented demand for payment (County Demand Form D-15) which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] (X) hour; or [X] a. FEE RATE: $ 50.00 per service unit: ( ) session, as defined below; or ( ) calendar (day, week or month) NOT TO EXCEED a total of 480 service unit(s) . [ j b. Payment in full after approval by the Department. [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: As set forth in the Additional Provisions, attached hereto and incorporated herein by reference. 8. 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. 9. 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. 10. 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. -1- Contra. Costa County SHORT FORM SERVICE CONTRACT Number 214-68611 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 12. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v) (1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the County, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a 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 Secretary, the Comptroller General, the County, 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 hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code 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. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, 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. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By Designee By Approved: County Administrator (Designate official capacity) By Designee Recommended by Department By Designee [Form approved by County Counsel] -2- ` ADDITIONAL PROVISIONS Number 24-686-1 1. Independent Status. Contractor is an independent contractor and County shall neither direct nor have control over Contractor, Contractor' s activities, or the methods and details by which Contractor fulfills his/her obligations under this Contract. In providing services hereunder, Contractor shall work cooperatively with County's Mental Health Director, or his/her designee. 2 . County's Activity Support. County shall provide for Contractor certain office space, clerical support, office supplies and services, materials, equipment, facilities, and assistance as may be mutually determined to be necessary to support Contractor' s activities hereunder, but excluding the use of County cars. 3 . Service Activities. Contractor shall provide consultation and technical assistance services, as required by County, to the Department's Mental Health Division with regard to the development and/or expansion of residential treatment programs and housing options for the County's severely and persistently mentally ill (SPMI) clients. 4 . Progress Reports. Contractor shall submit periodic Progress Reports, in the time, form and manner required by County's Mental Health Director or his/her designee, detailing Contractor's accomplishments in providing services hereunder. 5 . 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. Initials• Contractor County Dept.