HomeMy WebLinkAboutMINUTES - 09102002 - C106-C110 TO: BOARD OF SUPERVISORS �.✓� �r�
•4 j
FROM. f
William Walker, M.D. , Health Services Director A Contra
By: Ginger Marieiro, Contracts Administrator t Costa
DATE: Ct�UCit�/
August 8, 2002 A ,7
SUBJECT:
Retroactive Payment to Compliance Solutions, LLC.
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECOMUNDATION(Bl:
Ratify purchase of services from Compliance Solutions, LLC. , a Limited
Liability Company, and authorize the County Auditor-Controller to pay the
$10, 000 outstanding .balance for provision of consultation and technical
assistance to the Department with regard to the DSG Electronic Claims and
Remittance System.
FISCAL IXPA=-
Funding for this Contract is included in the Health Services Department
Enterprise I budget .
In December 2001, the County Administrator approved and the Purchasing
Services Manager executed Contract #23-320 (as amended by Contract Amendment
Agreements 23-320-1 and #23-320-2) with Compliance Solutions, LLC. , for the
period from October 1, 2001 through June 30, 2002, to provide consultation
and technical assistance with regard to implementation of an Electronic
Claims and Remittance System to meet the Department ' s objectives Of
automating the Accounts Receivable payer transactions and meeting Federal
HIPAA regulations.
Services were both requested by County staff and provided by the Contractor
in good faith. Because of administrative oversight by both the County and
Contractor, use of the Contractor' s services exceeded the authorized limits.
Services were requested and provided beyond the payment limit and by the end
of June 30, 2002, charges of $135, 162 .50 had been incurred, of which
$117, 500 has been paid and $17, 662 . 50 remaines outstanding.
The Department is requesting that the Contractor be paid $10, 000 as payment
in full . This can be accomplished by the Board of Supervisors ratifying the
actions of the County employees in obtaining provision of services of a
value in excess of the contract payment limit. This will create a valid
obligation on the part of the County, retroactively authorizing all payments
made by the Auditor-Controller up to now, and authorizing payment of the
balance.
5 1 ItL 17_C}N ATTAC#MENl:_�Y ° l N R :
✓� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATION OF BOARD COMMITTEE
APPROVE OTHER
rte'`
Si NAT R
ACTION OF BOARD 000
j - APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENTI '',_;'.t 1G � AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: _ _-ABSTAIN:- _ __ OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED V;. H� f� f , F
TOWN gwEgfEN,CLERK OF THE BOARD OF
Contact person:
William Walker, M.D. 370-5010 SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller E`�
Risk Management BY DEPUTY
Contractor
r
TO: BOARD OF SUPERVISORS
FROM.
William Walker, M.I3. , Health Services Director ''-! "`�• Centra
By: Ginger Marieiro, Contracts Administrator
Costa
DATE; �_�.�-
AuguSt 14, 2002 ` '�; _-n " County
SUBJECT:
Approval. of Contract #26- 336-4 with Eastern Centra Costa Transit
Auuth.,oritX dba Tri Delta Transit
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
REC''CfMH Rfl1A''FtiT{' N(,S)
Approve and authorize the Health Services Director, or his designee',
(Kathryn Grazzini) to execute on behalf of the County, Contract #26-
336-4 with Eastern Contra Costa Transit Authority (dba Tri-Delta
Transit) a public transportation agency, in an amount not to exceed
$91,200, for the period from July 1, 2002 through June 30, 2003, for
fixed route bus transportation services .
FISCAL IXP :
This contract is included in the health Services Department ' s Budget
and is partially funded by third party revenues .
On July 17, 2001, the Board of Supervisors approved Contract #26-
336-3 with Eastern Contra Costa Transit Authority (dba Tri-Delta
Transit) , for the provision of fixed route bus transportation
services between. the County' s Outpatient Clinic in Pittsburg and
Contra Costa Regional Medical Center, for the period from July 1,
2001 through June 30, 2002 .
Approval of Contract #26- 336-4, will allow Contractor to continue
providing bus transportation services through June 30, 2003 .
}
TINUEp ON ATTAINMENT: _Y S TUI E�t OF COUNTY ADMINISTRATOR RECO M NDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATU (S):
ACTION OF BOARD ON T '.' r .`3 w� APPROVED AS RECOMMENDED OTHER
ry. f
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
_mow— UNANIMOUS (ABSENT' '= €.�� AND CORRECT COPY OF AN ACTION TAKEN
AYES:_ NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:. ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED x ; #
JOHN SVIEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person; Kath . G z ire (370-5120)
CC: Health Services pt. (_ nTract?sj ,
Auditor-Controller /
Risk Management BY ` � ,x�} ? s � �a �^ DEPUTY
Contractor
Contra costa County Number _26-336-4
Standard Form 3/01 STANDARD CONTRACT Fund/Org #- 6425
(Purchase of Services) Account #-2
1. Contract Identification.
Department: Health Services
Subject: Fixed Route Bus Transportation Services between County Outpatient Clinic
in Pittsburg and Contra Costa Regional Medical Center
2, Ps.r ies. The County of Contra Costa, California (County) , for its 'Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: EASTERN CONTRA COSTA TRANSIT AUTHORITY (dba Tri Delta Transit)
Capacity: Joint Powers Agency Taxpayer ID # -94--2675642
Address: Sol Wilbur Avenue, Antioch, California 94509
3. term. The effective date of this Contract is July 1, 20Q2, and it terminates
Jung. Q- 2003 unless sooner terminated as provided. herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $92.200.
5. County's Ohligatians. 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. Contract_or's Obl_ etat o s. Contractor shall provide those services and carry out that
work 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:
Not applicable.
9. tectal Authority. This Contract is entered into under and subject to the following
legal authorities: Health and Safety Code § 1443 and California Government Code
§ 26227.
10. Sgnaturga. These signatures attest the parties' agreement hereto:
C..QUXT.XQF CQHIRA COSTA C LIZ- RKIA
BOARD OF SUPERVISORS ATTEST: John Sweeten, Clerk of the Board
of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
" y By
(Designate business capacity A) (Designate business capacity B)
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 6 1190 and Corporations Code 5 313) . All signatures must be acknowledged as set forth on page
two.
Contra Costa County Standard Form(Rev. 1/95)
APPROVALSIACKNOWLEDGMENT
Number,26.336-4
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By BY - - -
Designee 'Depdty
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOW'LEDG SENT
STATE OF CALIFORNIA }
}ss.
COUNTY OF CONTRA COSTA )
On _ , before nee,
(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)
Ware subscribed to the within instrument and acknowledged to me that helshe/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 Codd§IIW9
Contra Costa County PAYM PROVISIONS standard Form 6190
(Fee Basis Contracts) Number 2E_a
I . Pa�,ent Amounts. si'hi t tQ the aYment LiM 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 casts provided or incurred by Contractor:
[Check one alternative only. ]
[X] a. S 7, 00 monthly,
[ ] b. $_ per unit, as defined in the Service Plan, or
[ ] C. $ after completion of all obligations and conditions
herein.
2 . Pay-meat Demands. Contractor shall submit written demands . Said demands
shall be made on County Demand Form L--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 . P y- o Ta 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
pre-4udiced, 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 . Audit Exception- a . 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 .
Initials:
Contractor County Dept.
SER—VICE PLAN
Number 2E-336-4
Sgkryj"s. The transportation services provided by contractor under this
Contract shall meet the standards prescribed by the applicable statutes and
administrative rules and regulations of the State of California and shall
meet such standards as shall be prescribed by County's Health Services
Director, or his designee (Executive Director of Contra Costa Regional
Medical Center and Contra Costa Health Centers) .
Contractor shall provide equipment and facilities which meet the
construction, safety, sanitary, and other physical standards prescribed by
the statutes and administrative regulations of the State of California and by
the ordinances and regulations of local governmental agencies and entities.
Contractor shall provide transportation services hereunder as authorized by
County between County's outpatient clinics at Pittsburg and Contra Costa
Regional Medical Center. Contractor's services hereunder shall consist of
the following:
a. ;Basi ranl tation. Servic-es Contractor shall provide
fixed route bus transportation services Mon-day through Friday (except
on County-observed holidays as set forth in Paragraph S. , below)
between the hours of 8:00 a.m. and 5:00 p.m. , in order to transport
County patients to Contra Costa County Regional Medical -Center from
County's outpatient Clinic in Pittsburg, Transportation services shall
be of the non-emergency type (i.e. , not requiring the use of an
ambulance or emergency vehicle) .
Contractor shall provide said transportation services, using a lift-
equipped minibus or other similar vehicle, over a regularly established
and scheduled route approved by the County Health Services Director, or
his designee. The transportation schedule, which is incorporated
herein by reference, shall be maintained in the Office of the Executive
Director, Contra Costa Regional Medical Center (CCRMC) and Health
Centers.
b. Vehicle _sRecificatigns. without any limitation upon its obligations
under any term of General Conditions expressed herein, Contractor
shall-.
(1) Utilize properly licensed vehicles, as specified above. Such
vehicles must meet all safety requirements and have all equipment
required by the laws and regulations of the State of California,
and the State Department of Motor Vehicles. Contractor shall not
transport more than the maximum number of passengers in each
vehicle at any one time than is stipulated by the California
vehicle Code and indicated for vehicle capacity under the
manufacturer's specifications.
(2) Maintain all vehicles in good, safe operating conditions at all
times.
Initials.
Contractor County Dept.
SERVICE PLAN
Dumber 26-336-4
C. Fares and Contributions. Contractor shall, not charge fares, or accept
payments or contributions, for transportation from County patients
being provided transportation under this contract, or from their
escorts or representatives.
2. sarvice Recording and Re_portiacr. Contractor will maintain records
documenting all transportation services provided under the terms of this
Contract and will prepare and submit reports to, and in the format requested
by, the County's Health Services Director or his designee. As a minimum
re-oaxt ncr re »r t Contractor will furnish the following information on a
monthly basis and when requested:
a. The number of days and the number of vehicle hours each day that
transportation services were actually provided for County patients
hereunder.
b. The number of County patients that were transported each trip from each
clinic and from the CCRMC each day under the terms of this Contract.
C. The number of miles the vehicle was driven each day in providing
services hereunder.
3, as i= Assurance Requirements. Contractor shall comply with requirements
and procedures established by the County, State, and Federal governments for
County's ongoing Quality Assurance Program, including but not Limited to the
following: (1) submission. to County of quality assurance reports, in the
time, form and manner requested by County; and (2) providing assistance to
County regarding completion of CCRMC's annual performance review forms for
Contractors, and for temporary workers, as applicable.
4. Adm njetra'tive Resoon i ility. Contra Costa Regional Medical Center and
Contra Costa Health Centers retain professional and administrative
responsibility for the services rendered hereunder, but this provision shall
have no effect on Paragraph 1.8. InAemifiaAtioxu of the General, Conditions of
this Contract.
>. County Rolidava. County and Contractor each recognize the following
holidays: independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day
after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's
Birthday, President's Day and Memorial Day.
initials:
2 Contractor County Dept.
UECIAL CONDITIO
Number 26-33
Iris an_c�a Modi_ficat cm. Paragraph 19. (Insurance) of the General Conditions
is hereby deleted and replaced with a new paragraph 19. to read as follows:
1119. 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:
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 plus an additional. $1, 000, 000 liability insurance
umbrella policy 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' _Comaensa.t on. The Contractor shall provide workers
compensation insurance coverage for its employees.
C. gertif is te of InsUra.nce. 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 review 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_rnsr;rance P+'esy'e "�• The insurance policies provided
by the Contractor 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.
.Contra Costa County Standard Form 7/91
Q MRAL__CONDITIONS
(Purchase of Services)
1. 1ya1�+e 11 L&w. 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.
2. Inc; -tin. 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. The 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 Words of+ gntractor. ubconj a tor. Pursuant to Section 186l(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 or to the Comptroller
General,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 County,to the Secretary or to
the Comptroller General, or any of their duly authorized representatives, the subcontract and hooks, documents, and records of the
subcontractor that are 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. Ree=fing Requirem-ents. 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.
a. Written Notice. This Contract maybe terminated by either party,at their sole discretion,upon thirty-day advance
written notice thereof to the other,and may be cancelled immediately by written mutual consent.
b. Failure 12 P fer arm. The County,upon written notice to Contractor,may immediately terminate this Contract should
the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from
any sum due the Contractor under this Contract,without prejudice to the County's rights otherwise to recover its damages.
c. Cessation,of Eunding. 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 Sli. ifcations-frtr 01srating 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
1
-Contra Costa County Standard Farm 7/91
GE�RAL CONDITIONS
(Purchase of Services)
forth in a written Informal Agreement between the Contractor and the County. Such 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.
Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the
Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this
Contract is made or his designee.
8. Modifications and AmendMents.
a. General A„ endinnt . This Contract may be modified or amended by a written document executed by the
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. -Admi i tra„tiYe Ameudtutnts. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be
amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee,subject to any
required State or Federal approval,provided that such administrative amendments may not materially change the Payment Provisions or
the Service Plan.
9. is es. 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.
10. Cligice 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.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of
California.
11. CoU ftm_Lnce with P er (and State cgulation 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 Wgivgr by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or
statements by any officer,agent or employee of the County indicating the 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 the 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.
13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. The
Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies
due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or
Federal approval.
14. Independent Can r ctor Statu . 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 Ante est. 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 he or
she knows or has reason to know that he or she has 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:
2
.Contra Costa County Standard Form 7/91
G�� RAL (;O�?ITZCI+fS
(Purchase of Services)
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.
17. Nondiscrimtnato-ry.,$. rvices. 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.
18. Ind ranirwation. 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 indemnifica-
tion,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.
19. I.suralle . 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. Liabdily_Insurance. The Contractor shall provide comprehensive liability insurance,including coverage for owned
and non-owned automobiles, with a minimum combined single limit coverage of$508,000 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'Corn en ion. The Contractor shall provide workers'compensation insurance coverage for its employees.
c. Certi tc l"f 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 nsurance Proyisigns. 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.
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 the County shall be addressed to the head of the County Department for which this Contract is made.
Notices to the 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 the County shall be the date of receipt
by the head of the County Department for which this Contract is made.
21. Prima Geiser l C& din tions. 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. No. ren-ewal. 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 of termination
of this Contract,and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services
from Contractor.
23. Possssury lntusg. If this Contract results in the Contractor having possession of,claim to 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
3
-.Contra Costa County Standard Form 7/91
L CMITIONS
(Purchase of Services)
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. Nq T ird-Rary 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 the 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. Coopvjigh nd B!"in Data. Contractor shall not publish or transfer any materials produced or resulting from activities
supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,the
County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted,the
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. Rudorse eats. 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 taw to receive such views.
27. Rtguired 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$100,000 or more in federal grant funds in any fiscal year from any source,Contractor shall arrange for conduct
of the federally-required audit annually and shall submit the audit to County in the time,form,and manner required by the most current
version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct
of the audit,and for its cost,and County may withhold the estimated cost of the audit or 10 percent of the contract amount,whichever is
larger,or the final payment,from Contractor until County receives the audit from Contractor.
4
SUPERVISORS
TO: BOARD OF SU � 1
FROM: William Walker, M.D. , Health Services Director
Contra
Ginger Marieiro, Contracts Administrator �. �tS4
DATE: August 14, 2002 County
SUBJECT: Approval of Contract #74-161-1 with Phoenix Programs, Inc.
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S)
Approve and authorize the Health Services Director or his designee (Donna
Wigand) to execute on behalf of the County, Contract ##74-161-1 with Phoenix,
Programs, Inc. , a Corporation, in an amount not to exceed $222, 334, to
provide integrated housing services to the homeless mentally ill residents
enrolled in facilities of the Street Relief Continuum, for the period from
July 1, 2002 through June 30, 2003 .
FISCAL IMPACT:
This Contract is 100% State AB2034 funds.
BACXGR,OuNDf REASON{S F'OR RECOMMENDATION(S} :
The California Department of Mental Health has allocated funding to the
County' s Mental Health Division Adult Systems of Care, pursuant to Section
5814 . 5 of the Welfare Institutions Code and Sections 5800 et seq. County' s
Mental Health Division will utilize this one-time only AB2034 grant to
provide the Street Relief Continuum Care services to homeless mentally ill
residents who are not currently connected to the Mental Health System of
Care Program. Phoenix Programs, Inc. , operates the Antioch Homeless
Shelter, Nevin House, and Neireka House . These facilities are located in
all three regions of the County, and serve a diversity of consumers within
the target population.
On February 12, 2002, the Board. of Supervisors approved Contract #74-161.
with Phoenix Programs, Inc. , to provide integrated housing services to the
homeless mentally ill residents, including emergency and immediate housing,
transitional housing, and permanent housing services at facilities in the
Street Relief Continuum, through June 30, 2002 .
Can June 28, 2002, the Department received written confirmation of continue
funding for Fiscal year 2002-2003 from the State Department of Mental.
Approval of Contract 474-161-1 will allow Contractor to continue to
providing services through June 30, 2003 .
aTE�L�IED ONATTACHMENT: _Y _ 1 T E•r
r�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM14DATION OF BOARD COMMITTEE
APPROVE —_OTHER
.$t ATQR- S
ACTION OF BOARD , ; s 1 ( t APPROVED AS RECOMMENDED l OTHER
, R
VOTE OF SUPERVISORS
{ ,. I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT,L .;,, AND CORRECT COPY OF AN ACTION TAKEN
AYES: ----NOES: - AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: _ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
4
ATTESTED
JOHN SWE TNLERK OF THE BOARD OF
SUPERVIs6RS AND COUNTY ADMINISTRATOR
Contact Person: Donna Wigand, L.C.S.W. 957-5150
CC: Health Services Dept. (Contracts)
Auditor-Controller #� 4.
Risk Management BY DEPUTY
Contractor
1
TOBOARD OF SUPERVISORS
FROM:
William Walker, Health Services Director .' Contra
By: Ginger Marieiro, Contracts Administrator
DATE: Augusta 13, 2002 Costa
County
SUBJECT:
Approval of Contract Amendment Agreement #26-164-7 with
Acfostini & Associates
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)a BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee
(Kathryn Grazzini) , to execute on behalf of the County Contract Amendment
Agreement #26-164-7 with Agostini & Associates, effective September 1,
2002, to amend Contract #26-164-5 (as amended by Contract Amendment
Agreement #26-164-6) , to increase the total Contract Payment Limit by
$150, 000 from $750, 000 to a new total payment limit of $900, 000 .
FISCAL IMPACT:
This contract is included in the Health Services Department Enterprise I
budget.
REASONS FOR RECOMMENDATIONS IBACKGROUNL):
There is a nationwide nursing and healthcare staff shortage, and in spite
of persistent efforts to recruit nurses and other healthcare staff, the
Department has had to rely heavily on registry services in order to provide
quality nursing care for patients .
On November 6, 2001, the Beard of Supervisors approved Contract #26--164-5
(as amended by Contract Amendment Agreement #26-1646) , with Agostini &
Associates, for the period from November 1, 2001 through October 31, 2002,
to provide temporary nursing staff to assist Contra Costa Regional Medical
Center and Contra Costa Health Centers during peak loads, temporary
absences, and emergency situations.
Approval of Contract Amendment Agreement #26--164-7 will allow Agostini &
Associates to provide additional temporary nursing registry services,
through October 31, 2002 .
CQNT#NUED O _ATTAC ME T: !GNAT +
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ENDAT#ON OF BOARD COMMITTEE
APPROVE _ OTHER
ACTION OF BOARD APPROVED AS RECOMMENDED OTHER
<3 =
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
<` ~ UNANIMOUS (ABSENT? 'ti. "vim,} AND CORRECT COPY OF AN ACTION TAKEN
AYES;, NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:_____ _ -ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
A
ATTESTED._
JOHN SW STEN,CLERK OF THE BOARD OF
Contact Person: Kathryn G; azzini (370-5120) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller ;,
Rlsl<Management BY
Contractor $ r ',€tom4 DEPUTY
/ � '� _. r
_. _.. _.
TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director �L���Cntr�
By: Ginger Marieiro, Contracts Administrator �s Co
[DATE: August 13, 2002 ;� '` County
susJIvcT:
Approval of Contract #23-334 with Management Recruiters International
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Health Services Director, to execute on
behalf of the County, Contract #23-334 with Management Recruiters
International , in an amount not to exceed $27, 364, for the period from
September 1, 20102 through August 31, 2003 , for recruitment services to
fill vacant nurse manager positions .
FISCAL IMPACT:
Funding for this Contract is included in the Health Services
Department' s Enterprise I Budget .
BACKGROUND/REASON(S) FOR RECOMMENDATION(S) s
This Contract allows the Contractor to recruit qualified candidates for
extremely difficult to fill nurse manager positions at Contra Costa.
Regional Medical Center and Contra Costa Health Centers . These
vacancies have increased cost to County due to overtime expenses and
delays on important projects. The Contractor is paid a fee only if a
successful candidate is placed with the County.
Approval of Contract #23-334 will allow the Contractor to provide
recruitment services to fill vacant nurse manager positions, through
August 31, 2003 .
a
CONTINUED ON ATTA LJMENT• �S SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
=APPROVE OTHER
SIGNATURE S : �
ACTION OF BOARjjL7 'z f f s " � =3- APPROVED AS RECOMMENDED `< OTHER
a �
VOTE OF SUPERVISORS
�"" ,,., I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS {AI3SENTr—s;i#, 3 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: -- AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: —ABSTAIN: OF SUPERVISORS ON THE DALE SHOWN.
h
r
ATTESTED #: y
� 1 f Irt _'
JOHN'9WE TEN,CLERK OF THE BOARD OF !
Contact Verson: Wi 11iam Wa1ker (370-500'7) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management BY yam, s, ,e Tt: j I� fl _, DEPUTY
Contractor