HomeMy WebLinkAboutMINUTES - 08081995 - C74 TO: BOARD OF SUPERVISORS ,
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FROM: Mark Finucane, Health Services Director
Costa
DATE: July 25, 1995 County
SUBJECT: Approval of Contract #24-793-2 with
Pine Tree' Gardens, 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 #24-793-2
with Pine Tree Gardens, Inc. , for the period from July 1, 1995 through
June 30, 1996, to provide augmented residential board and care
services, in the amount of $21,400. This Contract includes a six-
month contract automatic extension through December 31, 1996, in the
amount of $10,700.
II. FINANCIAL IMPACT:
This Contract is included in the Health Services budget and is funded
by County/Realignment funds 100%.
Approval of this Contract will result in an accumulative total in
excess of $25, 000, and therefore, Board of Supervisors approval is
required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
In January, 1995, the County Administrator's Office approved and the
Purchasing Services Manager executed Contract #24-793 , (as amended by
Contract Amendment Agreement #24-793-1) , with Pine Tree Gardens, Inc.
for the provision of augmented residential board and care services for
County-referred mentally disordered clients.
Approval of Contract #24-793-2 will allow the Contractor to continue
to provide services through June 30, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE: A-Z 1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Lorna Bastian (313-6411) �j
CC: Health Services (Contracts) ATTESTED akU,u.a.�" ' , 1 qq5
Risk Management Phil 8atCheWJCletk of the Obard of
Auditor-Controller Suouvisors and County Administrator
Contractor
M382/7-83 BY AAh DEPUTY
Contra Costa County Number 24-793-2
Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org# 5942
Account # 2320
1. Contract Identification. Other #
Department: Health Services (Mental Health Division)
Subject: Augmented Residential Board and Care Services
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: PINE TREE GARDENS, INC.
Capacity: Nonprofit Corporation Taxpayer ID # Not applicable
Address: 607 E. 11th Street, Davis, California 95616
3. Term. The effective date of this Contract is July 1. 1995 and it terminates
June 30, 1996 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 Co actor, or cancelled immediately by
written mutual consent.
5. Payment Limit. County's total payments to Contract vu Eer this Contract shall not
exceed $21.400.
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]
( ) hour; or
[ ] a. FEE RATE: $ per service unit: ( ) session, as defined below
( ) Calendar (day, week or month)
[ ] b. Payment in fter approval by the Department.
Pzp
[X] c. As set for ttached Payment Provisions.
7. Contractor's Obligations. Contractor shall provide the following described services:
As set forth in the attached Additional Provisions which are 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 performance under this
Contract, including but not limited to, licensing, employme rchasing practices;
and wages, hours and conditions of employment, including non " - . ' ifra�t,ion.
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9. Nondiscriminatory Services. Contractor agrees that all goods an s ' ices 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.
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Contra Costa County SHORT FORM SERVICE CONTRACT Number 24-793-2
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]
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Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-793-2
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. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[R] d. (1) $500.00 monthly for Contractor's provision of augmented board and care
services, as set forth in Additional Provisions, Paragraph 1. (Service
Specifications) ; and
(2) In the event County's client receiving services hereunder experiences
episodes of incontinence and, as a result, requires additional support from
Contractor's staff, County will reimburse Contractor an amount not to exceed
100 per month.
(3) In the event a County-referred client requires an on-site visit prior to
making a placement decision, County will reimburse Contractor at the rate of
40 per day, in an amount NOT TO EXCEED $1.000.00.
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. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
4. Right 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.
5. Financial Statement and Cost Report. Contractor shall prepare, in the form and manner
required by County and the State Department of Mental Health, a financial statement and
a cost report verifying the total number of service units actually provided and
covering the costs that are actually incurred in the provision of services under this
Contract. Contractor shall have the financial statement and the cost report reviewed
Initials:
Contractor County Dept.
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Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 24-793-2
and verified by an independent Certified Public Accountant and shall submit said
financial statement and cost report, together with the Certified Public Accountant's
verification, to County not later than August 31, 1996, or 45 days following the
termination of this Contract, whichever comes first. The financial statement and cost
report are required for information only and shall not be used by County to adjust
payments made to Contractor during the term of this Contract.
6. Audits. County may audit Contractor's billing for, and provision of, services under
this Contract, at any time with fourteen (14) day advance written notice. County shall
conduct its financial audits in accordance with generally accepted audit standards and
shall limit such audits to verification that the services billed by Contractor were
actually provided to County clients. Contractor shall provide County with on-site
access to all appropriate documents, records, and other supporting information and
services under this Contract.
7. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
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 attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
8. 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 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. 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 is larger, or the final payment, from Contractor
until County receives the audit from Contractor.
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Contractor County Dept.
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ADDITIONAL PROVISIONS
Number 24-793-2
1. Service Specifications. During the term of this Contract, Contractor shall provide
augmented board and care services, including but not limited to, "job coaching" and
vocational rehabilitation support services, for County-referred clients at its facility known
as Pine Tree Gardens, located at 607 E. 11th Street, Davis, California. Contractor shall
operate its program in accordance with the Description of Augmented Services Program Plan at
Pine Tree Gardens, a copy of which is on file in the office of the County's Mental Health
Director at 595 Center Avenue, Suite 200, Martinez, and a copy of which has been furnished
to the Contractor. In providing services hereunder, Contractor shall:
2. Program Monitorinsz. Upon County's request, Contractor shall make available to County's
Mental Health Program Administrator or his/her designee for review all records and material
relevant to the documentation of provision of services under this Contract.
3. Confidentiality. Contractor agrees to comply and to require its employees, agents and
partners 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
Agreement, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Facility
Operator or any public officer or agency in connection with the administration of or relating
to services provided under this Agreement 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. Facility Operator 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.
4. Third-Party Payment Liability. Contractor shall be solely responsible for any payments
due from Contractor to third parties or for any liabilities, obligations, or commitments of
Contractor arising from Contractor's performance of this Contract, including, but not limited
to, any payments that Contractor may owe to contractors or other suppliers for goods and
services received by Contractor. In no event shall County be responsible for any payments
due from Contractor to third parties or for any liabilities, obligations, or commitments of
Contractor arising from Contractor's performance of this Contract.
5. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract,
unless this Contract is terminated by either party pursuant to Paragraph 4. (Termination)
prior to June 30, 1996, the term of this Contract shall be automatically extended from July
1, 1996 through December 31, 1996. During its extended term, this Contract is nevertheless
subject to all the terms and conditions applicable during its initial term, including but not
limited to Paragraph 4. (Termination) , except as to payment for services rendered during the
extended term. The purpose of this automatic six-month extension is to allow for
continuation of services as specified in this Contract, to avoid interruption of payment to
Contractor, and to allow County time in which to complete a novation or renewal contract for
County and County Board of Supervisors approval. As to any such six-month extension:
a. The Contract Payment Limit, specified in Contract Paragraph 5. (Payment
Limit) , is increased by $10,700 (the six-month Payment Limit) and County's total payments to
Contractor for said six-month extension shall not exceed this six-month Payment Limit,
subject, nevertheless, to the aforesaid novation or renewal contract.
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Contractor County Dept.
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- ADDITIONAL PROVISIONS
Number 24-793-2
b. Contractor shall continue to provide services as set forth in Additional
Provisions Paragraph 1. (Service Specifications) above, subject to any amendments thereto.
County shall continue to pay Contractor in accordance with Payment Provisions Paragraph l.d
(Payment Amounts) .
c. This six-month contract extension shall be subject to any further agreement
(novation) which Contractor and County may enter into covering the provision of services
during the contract period immediately following the contract period specified in Paragraph
3. (Term) .
6. 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.
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 term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to County before
cancellation or material changes of the above specified coverage.
7. 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.
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Contractor County Dept.
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