HomeMy WebLinkAboutMINUTES - 03122013 - D.3RECOMMENDATION(S):
CONSIDER the following actions:
ACCEPT update on establishing a Health Benefit Exchange Call Center in this County;1.
PROVIDE further direction regarding facility selection and lease negotiation;2.
APPROVE and AUTHORIZE execution of a contract with the State of California for Call Center services; and3.
ADOPT Personnel Resolution No. 21231, creating new classifications and adding positions at the Health
Benefit Exchange Call Center.
4.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/12/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Dorothy Sansoe,
925-335-1009
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: March 12, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 3
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services
Date:March 12, 2013
Contra
Costa
County
Subject:Update on Progress on the Health Benefit Exchange Call Center Contract, Facility and Position Approval
FISCAL IMPACT:
100% of the cost of the Health Benefit Exchange Call Center will be covered by the State of California, via
Federal Funds authorized under the Affordable Care Act. No County general purpose revenue will be used to
support the Call Center.
BACKGROUND:
On January 18, 2013, the Health Benefits Exchange Commission/Covered California (HBEX) announced their
intent to award to Contra Costa County a contract to open and operate a Call Center within the County.
On February 12, 2013 the Director of the Employment and Human Services Department provided the fourth
update on the progress made toward establishing this Call Center. At that time, the Board of Supervisors provided
direction on the selection of a facility to house the Call Center.
On February 26, 2013 the Board was provided a significant amount of additional informational, largely regarding
the facilities; however, due to labor issues, the item was removed from the discussion agenda with no specific date
for staff to return the item. Since that time, additional information has been requested on the facilities. This report
provides an update on the efforts since February 26, 2013 and requests further direction from the Board and
approval of the recommendations detailed above. The information contained in the February 26th Board Order is
included herein for informational purposes.
FACILITIES
The Public Works Real Estate Division was asked to identify possible sites in east, west and central county, in
areas of highest unemployment, that were large enough for 180-200 employees (mostly in office cubicles) that
would require the least cost, both in terms of rent and renovation costs necessary to convert the space to a Call
Center, provide access to public transportation and were in the vicinity of other Employment and Human Services
Department (EHSD) offices. Additionally, due to significant time constraints, the sites had to be as 'turn-key' as
possible. These criteria were developed in discussions with the State and were included in the County's response.
The criteria were approved by the Exchange Board and considered in their decision to award the contract to
Contra Costa County.
On February 12, 2013, the Board of Supervisors considered four possible facilities to house the Call Center: 1450
Marina Way South, Richmond; 2500 Bates Avenue, Concord; 4041 Lone Tree Way, Antioch; and 5065 Deer
Valley Road, Antioch. After considering the four sites presented and accepting public comment from members of
the community, the Board directed staff to return with additional information, including a comparison, of two of
the four sites - the Richmond and Concord site. On February 14, 2013 staff from EHSD, the State, the Department
of Information Technology, and Public Works Real Estate toured both sites.
Attached is new information. The first new document is a Question and Answer sheet that was not included in the
February 26, 2013 Board packet but addresses the questions that have risen since that time. The second document
is a revised spreadsheet that was originally part of the Facilities Report in the February 26, 2013 agenda item.
This new spreadsheet, "Facilities Comparison," has been updated with more recently information and attempts to
provide an “apples to apples” comparison of the two facilities in question.
CONTRACT APPROVAL
County staff, including EHSD administrative, fiscal, and program personnel; Human Resources Department;
County Counsel and the County Administrator's Office have concluded a number of conference call meetings
with Covered California staff to discuss contract language and have come to agreement on the terms of the
contract and contract language. A draft copy of the contract is attached to this Board Order. Staff recommends the
Board approve the draft contract and authorize the Chair of the Board to sign the agreement once it has been
finalized to include any changes necessary due to the final selection of a facility.
STAFFING
Three new classifications and 205 positions are requested to be established for the operations of the Call Center.
Two of these positions, the Secretary-Journey Level and one of the EHSD Division Managers will have their
duties split between the Call Center and other programs within EHSD. The balance of these positions, a net of
203, are 100% dedicated to the activities of the Call Center. Position Adjustment Request No. 21231 is attached to
this Board Order and requests the establishment of three new classifications and the addition of the positions
necessary to operate the Call Center.
The HBEX requires a certain staffing pattern at its service centers and this requirement also applies to the
County’s Call Center. The prescribed staffing pattern requires that EHSD hire and train employees by July 1,
2013. This includes three managers (one half time), one trainer, 13 supervisors, 180 customer service agents (both
permanent full-time and permanent intermittent), and eight support positions (e.g. Secretary (half time), Personnel
Services Assistant, Clerical Supervisor, Exchange Call Center Quality Assurance Monitor, and four
Clerk-Experienced Level). While some of these positions may be filled laterally, it is anticipated that the majority
will be new hires.
The Call Center will be required to accept calls for 59 hours a week, Monday through Saturday. During the
Affordable Care Act’s annual enrollment period, the Call Center will extend its hours to 72 hours per week
Monday through Saturday. The plan and budget for the Call Center is to staff the core 40 hours per week with
permanent full time staff and the extended hours, i.e. those past 40, with permanent intermittent employees.
Permanent intermittent employees will also be used to ensure adequate coverage and to fill in behind permanent
staff during vacation, sick leave, etc.
The Call Center is to be operational by July 1, 2013, to begin the State required testing of the hardware, software,
and staff. The live testing and program refinements continue through September with open enrollment
commencing on October 1, 2013.
The majority of these new positions are entry level and will be attractive to residents of Contra Costa County.
EHSD will be working with the County’s Workforce Development Board and Richmond’s Workforce Investment
Board to coordinate outreach and inform job seekers of these opportunities. EHSD will be informing CalWORKs
participants of these jobs and encouraging them to apply. Additionally, we will out-reach to our non-profit
partners in the community. It is anticipated that these outreach efforts will include group presentations and job
fairs.
To date, the State has been clear that we should enter into a three year lease and that their intent is to continue this
partnership for beyond that period. However, in the event that a reduction in force or layoff of County employees
at the Call Center becomes necessary, the Employment and Human Services Department will follow normal
County protocols, including notification of labor representatives, placing individuals into other jobs for which they
qualify and lay off of employees, if necessary. EHSD will be notified by the State of the date whereby a decision
will be made whether to reduce or phase out operations at the Exchange Call Center or to continue as an
independently sustainable operation under HBEX after January of 2015. If it is determined that operations at the
Call Center will be reduced or terminated, the project management team will prepare a plan to phase out
operations. There would be an extensive internal communication plan in which employees would be notified ahead
of time that the center would be downsizing or closing down. Employees would have an opportunity to consider
future opportunities. The Workforce Development Board’s Rapid Response team would become engaged to
provide staff with information, job training, access to the One-Stop Career Centers, and employment
opportunities. The County Tactical Employment Team (TET) would be convened to assist employees by
identifying possible employment opportunities within other County Departments and assisting with placements.
Employees in jeopardy of being laid off would have first priority for position vacancies for which they qualify.
EHSD would hold appropriate positions vacant to backfill with Call Center employees who are interested in
maintaining employment within Contra Costa County.
LABOR RELATIONS
The Employment and Human Services Department, Human Resources Department and County Administration
have been meeting with the labor representatives from the impacted unions, including:
American Federation of State, County, and Municipal Employees Local 2700
American Federation of State, County, and Municipal Employees Local 512
Professional and Technical Engineers, Local 21
Service Employees International Union, Local 1021
The County representatives and representatives from Local 1021 reached a tentative agreement on March 1, 2013
and County staff continues to meet and confer with the other unions.
The labor representatives are as excited about this opportunity as County staff and are working closely with us.
They have expedited the scheduling of meet and confer sessions to come to agreement as quickly as possible
regarding the classifications and working conditions of these new employees.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors and the public will not receive up-to-date information on the progress made in
negotiating a contract with the State of California, staff will not receive needed direction from the Board. This
may jeopardize the opening of the County run Call Center and over 200 well-paying potential County jobs will not
be created.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speakers: Mark Chekal-Bain, Office of Assembly member Nancy Skinner; Bill Lindsay, City of Richmond;
Jim Rogers, resident of Richmond; Anwon Cloird, resident of Richmond; Jael Myrick, resident of Richmond;
Paul Sannella, MWP LL C; Kathleen Sullivan, city of Richmond;Mike Bank, Novo Construction; Ron Leone,
City of Concord. Chair Glover announced that the County was not able to negotiate an agreement with Local
512. The Board DIRECTED staff to notify the State that Contra Costa County would not be entering into a
contract for a call center.
ATTACHMENTS
Q and A since 2-26-13
State Response to Facilities Questions
Facility Comparison
Draft State HBEX Contract 2-20-13
Position Adjustment Request
Facility Report (2-26-13)
Community Comparison Charts (2-26-13)
GIS Maps (2-26-13)
Questions Raised Following February 26, 2013 Board of Supervisors Update
Since the last update was made to the Board of Supervisors on February 26, 2013, there have
been many questions raised and information gathered that can clarify key issues surrounding
the two proposed locations. Much of the clarification has come directly from the State’s Health
Benefit Exchange staff. The questions and answers are grouped below by topic area; additional
questions are answered in the accompanying side‐by‐side analysis of the two facilities.
The information contained here is valid and up to date as of Thursday, March 7, 2013.
Additional updates will be provided in person on March 12, 2013.
Technology issues
Many questions have surrounded the type of voice and data cabling required for the Call
Center. Some have asked if what the County is requesting is actually required, or simply
desired. The State has provided clarity on this issue.
• The State Exchange requires Category 6 voice and data cabling.
An inquiry was made regarding the potential to use Comcast as an internet service provider for
one of the locations.
• The State Exchange will be using Level 3 voice and data service provider and will not use
Comcast.
Significant discussions have focused on the Main Point of Entry for the Concord location at
Bates Avenue. What are the issues and requirements?
• The Main Point of Entry is located (at Bates Avenue) in another tenant's suite which is
occupied by Comcast. If a secondary Main Point of Entry is to be built, the 75 day lead
time is an estimate and could go longer.
• The cost of the secondary Main Point of Entry is estimated at $50,000. It could be as
low as $35,000. Since this location (Bates Avenue) is not a facility that the County
Telecom/IT is familiar with, we estimated a maximum of $50,000 for unforeseen
challenges.
• The State has expressed serious control and security concerns if the Main Point of Entry
is in an area outside the state’s and County’s control.
Questions were raised about the readiness of the Concord location regarding its power
capability and availability of an uninterruptable power supply, or UPS.
• The Bates Avenue location has a Generator, UPS, and transfer switches that are in
operation.
Workplace issues (cubicles, lighting, white noise, etc.)
Questions raised relative to cubicles to be used by Call Center staff focused upon needed vs.
desired configurations. The issues discussed are important as part of our requirements to meet
certain legal, regulatory and contractual mandates.
• The Health Benefit Exchange (HBEX) provided drawings and specifications for single‐
occupant cubicles that meet the standards of the State Architect, and will be used in the
two State‐run call centers.
• Single‐occupancy is required in order to meet requirements of the 1996 Health
Insurance Portability and Accountability Act, also known as HIPAA. Private health
information will be discussed with callers.
• HIPAA also requires that monitors be positioned to ensure privacy of information visible
on screens. The Bates cubicles would require the monitors be installed allowing
passers‐by to see private information on the screens.
• Using existing two person cubicles at Bates (11ftx5ft) for single‐occupancy will leave
significant unused space that is included in the lease costs.
• Cubicles at Bates are 10 years old and outdated compared with current standards,
which will increase costs over the life of the contract. They require complete
disassembly in order to move them, to lay or repair carpet, pull wiring, etc. Modern
standards for cubicles are single assembly allowing for a lift‐up of the entire unit.
• Cubicles at the Bates location are not compliant with the Americans with Disabilities Act
requirements, nor are they ergonomically efficient.
Other working condition questions pertained to not only the cubicles, but also carpet, white
noise generation, etc. Those have been addressed by County and State staff.
• Providing a safe and healthy work environment is required in order to meet various legal
and regulatory mandates, and will mitigate future ergonomic and Worker’s
Compensation claims. It is also essential for promoting good staff morale and optimum
levels of productivity.
• Both proposals outline a range of area amenities and current and/or future public
transportation options that would be suitable for the workforce. County analysis
showed what’s walkable and drivable nearby. The “within 8 minutes” criteria were
submitted by a bidder, not requested by the County.
• Carpet requirements, an adequate sound attenuation system (to provide white noise)
and sufficient lighting needs can be met at either facility through the proposals.
Training Needs
Questions were raised about the need for onsite or offsite training space.
• Training of the Call Center staff is required under the contract, and the facility must
have dedicated training rooms of sufficient size and capacity to hold computers,
monitors, connections for headsets, and also be able to support video “distance
learning” and online learning.
• Training will be ongoing for new employees, for mandated County and State trainings,
and for refresher trainings.
Process Issues
Multiple comments focused upon the Request for Proposals (RFP) and decision making by staff
during the development of the criteria and evaluation of proposals. There were also questions
regarding the quick turnaround for the RFP.
• In formulating our proposal to the state, we included the following as the rationale for
our submission with the focus on specific criteria:
o The Call Center will be a boost to our local economy.
o The associated good paying jobs are vital to supporting the well‐being of county
residents.
o Several cities in the County have been particularly affected by job losses,
foreclosures, and even higher unemployment rates than the overall County
unemployment rate.
o The Call Center will be located in an area of the County that is economically
challenged, with readily available and usable office space and with residents who
are ready to work.
o The focus is on an area with high, chronic and long‐term unemployment.
• With regard to the site, a Request for Proposals (RFP) or Request for Offers (RFO) is not
always a part of the process utilized to locate and lease new buildings. In this instance, a
search was initiated through the broker community to identify buildings in east, west and
central county that could be suitable for use as a call center. Based upon the criteria
identified, the focus fell on areas with high, chronic unemployment, with a significant base
of people to draw from to staff the Call Center, and an area with usable, available office
space. In attempting to compare locations, the differences in information received by the
lessors made it clear that a Request for Proposals (RFP) would be the best way to obtain
comparable information to analyze the sites. In order to meet deadlines for returning to
the Board of Supervisors with this additional information, a short turnaround time was
necessary.
Facilities Questions from Contra Costa County
3/6/13
Question from Contra Costa:
You will recall that at one site, the MPOE or Main Point of Entry was on the other side of the building and
in the control of the tenant, Comcast. We recall being told by the Exchange staff that this is an issue and
that we needed to have 24/7 access to the MPOE, the MPOE needed to be in county control versus in
the building but in a separate suite, and that there were security issues associated with the MPOE being
in space not under County control. Can you provide any definitive information on this issue?
Covered California Response:
Main Point of Entry is defined as the point to where the cables of
a telecommunications service carrier (i.e., a phone or cable
company) wiring enters a multi-unit building. From this location
telecommunication cables are extended to tenant’s main
distribution frame (MDF). The tenant’s MDF contains the
equipment to connect to the telecom wiring and access the
service being provided (private data circuits, internet, phone, etc).
Covered California has no contractual relationship with Comcast
and as such are not willing to accept the risk of having the
telecom (MPOE) in the control of a third party entity. With the
MPOE located in the Comcast server room, we are at their mercy
regarding general access, power, heating, security, and other
issues related to the MPOE without their permission. If issues
arise at Comcast, technical/legal/financial/business, it could
adversely impact Covered California’s ability to operate within our
required standards. Covered California is not willing to rely on an
organization we have no legal contract or other relationship with,
for access to such a critical component of our business operation.
Additionally this type of set up is not a general practice/standard
among businesses.
Question from Contra Costa:
Cat 6 cabling versus Cat 5 or 5E. You will recall that one site is not cabled and that Cat 6 will be
installed. The other site has Cat 5 or Cat 5E. Is Cat 6 a preference or is it an absolute requirement for
the exchange? What issues or systems degradation do you expect if Cat 5 or 5E is used? Was this
requirement spelled out somewhere?
Covered California Response:
Covered California expects to maintain consistency across all
service centers to ensure that there is no technological
degradation related to meeting the required performance
standards. We also anticipate that the sites will serve as backups
for each other and create a strong business continuity plan in
case of emergency. As such, per industry standards, and for our
ability to maintain and trouble shoot technical problems regarding
the infrastructure Cat6 is required.
Question from Contra Costa:
Single occupant cubicles. You will recall that one site has no OLP and the other has double occupant
work stations already installed. You provided drawings of the cubes the exchange will be using at its
locations and indicated that your design is consistent with the state requirements. You used the
standards set by the State Architect’s Office. What are the issues associated with the double occupant
work stations already in place? What is the benefit to installing new, single occupant work stations?
Covered California Response:
The Service Center worker is required to handle “individuals”
Personal Information. Personal information (state law) means any information that is
maintained by an agency that identifies or describes an individual, including, but not limited to:
his or her name, social security number, physical description, home address, home telephone
number, education, financial matters, medical or employment history, statements made by, or
attributed to, the individual.
As a state agency, Covered California is required to implement
appropriate safeguards to ensure that Personal Identifiable
Information (PII) remains private and that access is held at the
minimum necessary requirements. As such Covered California
has designed the cube space to gain the maximum amount of
visual and audible privacy and limit viewing of information to only
the single Service Center worker who will be handling an
individual’s case. The cube drawings provided are based on
guidelines from the State Administrative Manual (space for group
environments).
The Service Center worker will have two (2) twenty (20) inch
monitors on their desk to perform work. The cubicles are 50
inches tall to promote visual privacy, with three (3) solid walls to
enhance audible privacy, with an outward facing window. The
cubicle are designed in a way to achieve the highest amount of
visual and audible privacy while still allowing Service Center
workers to have a positive work environment with natural light and
outward visibility.
Open double occupant cubes do not provide the level of privacy
that Covered California wants to achieve. Two Service Center
workers sharing a double occupant cube could easily see the
screen and hear the conversation of their cube mates; therefore
not achieving minimum necessary required privacy. This type of
cubicle layout creates a greater risk for compromising PII. This
type of cubicle layout is not industry best practice for health care
nor state government.
Covered California representatives requested the dimensions of
the cubicles to determine if the double occupant cube was large
enough to even accommodate four (4), twenty (20) inch monitors;
we have not received that information at this time.
The Contra Costa County Real Estate Representative measured
the aisles between the cubicles and advised that it was not ADA
compliant.
Question from Contra Costa:
Natural light. Is there an objective standard for natural light in a call center?
Covered California Response:
Industry best practices for call centers include well designed
spaces with natural lighting to promote employee satisfaction and
retention. As an industry practice and one of Covered California’s
documented principles for the Service Center sites is:
“Each site will be designed to promote an open and comfortable working environment with
special considerations to lighting, personal work space and floor plans designs will specifically
seek to assure the best possible quality of work setting for Service Center staff”
To ensure that the Service Center staff has the best possible work
setting, Covered California has sought out space that is open and
inviting with abundant natural lighting for the state operated site in
Sacramento. To maintain consistency and ensure the best
possible work setting for all Service Center staff, Covered
California expects that the County site will also have very similar
features that include abundant natural lighting.
HBEX 12 / EHSD CALL CENTER March 7, 20131450 MARINA WAY, 2500 BATES AVE.,RICHMOND CONCORDCOMMENTS1LESSORMarina Business Partners, LLC88 / 122SQUARE FEET32,375 32,375Marina Way provided a space plan based on 206 single‐occupancy workstations as described in the Minimum Requirements of the County's RFP. Bates Ave. assumed using the existing double‐occupancy cubicles, and did not provide a space plan. Marina Way's space plan estimated an office size of 32,375 square feet. County staff assumed the same square footage for both buildings for direct comparison.3LEASE TERM36 mos. 36 mos.4OPTION PERIOD36 mos. 36 mos.5COSTS61) 3‐YEAR RENT$1,915,305 $1,741,451 Rent for each building is based on a rate per square foot per month proposed by each property owner. Both rents are based on 32,375 sf. Marina Way proposed rent starting at $1.60 per square foot, with annual increases, and including all occupancy expenses, except gas and electricity. Bates Ave. proposed 3 mos. of free rent, then a rate of $1.63 per square foot that included all expenses, and stayed flat for the remaining 33 months. The previous report erroneously did not include Bates Ave.'s 3 mos. of free rent. The 3 mos. free rent is valued at 158,314.72) 3‐YEAR OCCUPANCY EXPENSES$321,133 $0 Occupancy expenses include such things as utilities, janitorial, taxes, insurance, etc. The Marina Way occupancy expenses were estimated at $.25 psf w/ 3% annual increases. The Bates Ave. proposal included all occupancy expenses in the rent, with no additional expense to the County.1
RICHMOND CONCORDCOMMENTS83) COST OF TENANT IMPROVEMENTS$210,913 $1,070,650 Marina Way proposed a Tenant Improvement Allowance of $960,566, and that the County/State pay for CAT 6 cabling, a "white noise" system, and additional security items (a total of $210,913). Bates Ave. initially proposed that the cost of any tenant improvements described in the County's Minimum Requirements, except for painting the entire suite and cleaning the carpet, would be an additional expense to County/State. On Mar 4, staff received an additional Bates Ave. proposal, which stated the County's cost of constructing the tenant improvements would be limited to $200,000, if the County agreed to use the workstations and cabling that existed in the suite. On Mar 6, staff received several other Bates Ave. proposals, which appeared to state the Lessor would pay for the installation of CAT 6 cabling to "each required workstation/office" if the County received written verification from the State that CAT 6 cabling is required, and other tenant improvements. The County has received that written verification from the State, and the cost of installing the new CAT 6 cabling, and the other work, which together is estimated to cost a total of $415,000, has been removed from the County's cost estimate. The Bates Ave. cost shown is the County's estimated cost of constructing the tenant improvements that were included in the County's Minimum Requirements, but were not included in the Bates proposal. The $415,000 of work included in the Bates Ave. proposals was removed from the County's total estimated cost.94) COST OF REPAIR / MAINTENANCE$0 $0Each property owner has proposed paying for the repair and maintenance of the Premises. 2
RICHMOND CONCORDCOMMENTS105) COST OF FURNITURE$0 * $992,347 The furniture cost is based on County's estimate, and includes new tables, chairs, etc. for all Conference and Training Rooms in the premises, and all new single‐occupancy workstations as required by the State. The Bates Ave. proposal assumes using the workstations that already exist in their building. Based on the State's requirements, the workstations at Bates Ave. have been determined to not meet standard requirements for this project. Since new cubicles will be needed at either location, the same cost figure was used for each building for direct comparison. The cost figure was also reduced from the previous report due to an over‐estimate by the furniture vendor. * On Mar 6, staff received a secondary proposal from the Marina Way lessor stating the City of Richmond would loan him the money for him to buy the furniture for County's use, and the County/State would no longer have to pay for it.116) MINUS REAL ESTATE COMMISSIONS($37,500) $0 The Marina Way proposal stated the amount of the County's real estate commission in its proposal. The Bates Ave. proposal did not state an amount, but said whatever amount was paid to the County would have to be re‐paid to the lessor if the County terminated the lease early.12TOTAL COSTS DURING LEASE TERM$2,409,851 $3,804,448 The estimated Total Costs During the Lease Term for the Marina Way site is $1,394,597 less than that of the Bates Ave. site. Most of that difference is due to the approx. $1.95 million that the Marina Way lessor contributed to the cost of the tenant improvements and the furniture, including the workstations specified in the County's Minimum Requirements.13CONTRIBUTIONS BY LESSORS141) MONTHS OF FREE RENT03 mos. worth $158,314Marina Way did not propose any free rent; Bates Ave. proposed 3 mos. of free rent valued at $158,314.152) LESSOR'S TENANT IMPROVEMENT ALLOWANCE$960,566 $415,000 Marina Way proposed a TI Allowance of $29.67 per‐square‐foot, which meets the lessor's contractor's estimate for construction of the tenant improvements described in the County's Minimum Requirements. The Bates Ave. proposals included painting the entire suite, cleaning the carpet, removing the CAT 5E cable and installing CAT 6 cable throughout the premises, constructing a Main Point of Entry, and Training Rooms for the County.3
RICHMOND CONCORDCOMMENTS163) LESSOR'S FURNITURE ALLOWANCE$992,347 $0 The Marina Way lessor proposes to buy all furniture specified by County. The Bates Ave. proposal included 6 private offices that are already furnished. All other furniture at the Bates Ave. site will have to be purchased at the County/State's expense.17TOTAL LESSOR CONTRIBUTIONS$1,952,913 $573,314 The difference is $1,379,599.18OTHER INFORMATION19RENT DURING 3‐YR. OPTION PERIOD$2,078,475 $2,016,048 Marina Way proposed rent during a renewal period with 3% annual increases in Rent. Bates Ave. proposed 3% annual increases during the option period.20CABLING / COSTNone CAT 5EThe State requires CAT 6 cabling in its Call Centers, including this one in Contra Costa County. Bates Ave. has CAT 5E cable in place. Marina Way does not have any cable in place. CAT 6 will have to be installed in either space, at additional expense. Bates Ave. has proposed installing CAT 6 cable and equipment to each workstation at a cost of $280,000. Marina Way proposed that the County/State would have to pay to install CAT 6 cabling, and estimated the cost to be $140,000.21CUBICLES INCLUDEDNo No ** There are 398 cubicles in place in the Bates Ave. premises. However, based upon the State's requirement, County has deemed them to be unacceptable for use in this Call Center. New cubicles will therefore be required in each space. Marina Way has proposed adding cubicles that are different than those included in the County's Minimum Requirements. That type and manufacture of workstation will have to be evaluated. However, the County's estimated furniture cost, of which the Marina Way lessor has agreed to pay, includes the type and style of workstations included in the County's Minimum requirements.22OFFICES, TRAINING/CONFERENCE ROOMSAlready constructed.There are 14 existing offices at Bates Ave.; 6 of those offices are furnished.The Marina Ave. space already has private offices, Training Rooms, and Conference Rooms that satisfy the County's Minimum Requirements. The Bates Ave. site has the 14 existing private offices, and one Conference Room that will need to be modified. The additional Training Rooms and a Conference Room described in the Minimum Requirements will have to be constructed. The Bates Ave. proposal includes that construction at the lessor's expense.4
RICHMOND CONCORDCOMMENTS23GENERATOR OR UNINTERRUPTIBLE POWER SUPPLY (UPS)Neither * Both* At the Marina Way location, there is a generator that serves the adjacent bldg. owned by the Lessor. At his expense, the lessor will run conduit from that generator to exclusively serve the County's space. The Marina Way lessor will also add a UPS, at his expense. There is both a generator and a UPS already on site at the Bates Ave. location.24MAIN POINT OF ENTRY (MPOE)Yes NoA MPOE is in place at the Marina Way site. An MPOE exists at the Bates Ave. site, but it is located in the adjacent tenant's space, and the County would not have 24/7 unimpeded access to it. This is not acceptable to the County or to the State. A secondary proposal from the Bates Ave. lessor stated the lessor will construct a secondary MPOE in the County's suite for the County's exclusive use at his expense.25SOUND ATTENUATION SYSTEMNo YesA sound attenuation system will have to be added at the Marina Way premises at an additional expense. The cost of the sound attenuation system is estimated to cost $45,000, and is included in the County's Cost of TIs above. At the Bates Ave. location, the lessor has stated a sound attenuation system is in place.26SECURITYYes YesThere is 24/7 front entry security personnel in place at the Marina Way location. There is guard patrol after 6:00 PM at the Bates Ave. location.27CARPET / PAINTGood PoorCarpet and paint is "like new" at the Marina Way location. Some touch‐up painting may be needed. New carpet and paint is needed at the Bates Ave. location, although cleaning the carpets may be adequate.28AMBIENT LIGHTYes YesAccording to the State: Industry best practices for Call Centers include well designed spaces with natural lighting to promote employee satisfaction and retention. To maintain consistency and ensure the best possible work setting for all Call Center staff, the County site should have features that are very similar to other State Call Centers, including abundant natural lighting. Ambient light at the Marina Way site is considered to be more abundant than at the Bates Ave. site.5
RICHMOND CONCORDCOMMENTS29PARKING ( /1,000 SF)69At Marina Way, parking will be a combination of spaces in front of the building, and in parking lots nearby that are controlled by the Marina Way lessor. At Bates Ave., all parking will be in the parking lot in front of the suite.30NUMBER OF PARKING SPACES194 21631UNEMPLOYMENT RATE13.30% 8.90%Source: State of California Employment Development Department (EDD) for Dec. 2012 for each individual city.32NEAREST EHSD FACILITY1 block 1 block33ACCESS TO PUBLIC TRANSPORTATIONApprox. .7 mi. fr. I‐580; Bus stop 1/8 mi.; Approx. 1.8 mi fr. Rich BART; City will extend shuttle service fr. the Richmond and El Cerrito BART stations to bldg.; Bike/pedestrian access to/from SF Bay Trail.1/2 mi fr Hwy 4; Approx. 1.5 mi fr Concord BART; Bus stop 1 blk.34PROXIMITY TO RESTAURANTS, CAFES, OR DELISAdequate Adequate35MISCELLANEOUS ISSUES NOTICED SINCE PREVIOUS REPORT1) Interior lightingExcellent Good2) Break areas / restroomsAdequate Adequate6
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03) AGREEMENT NUMBER
12-E9053
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
California Health Benefit Exchange
CONTRACTOR'S NAME
Contra Costa County
2. The term of this February 1, 2013 through January 31, 2015
Agreement is:
3. The maximum amount $ [To be left blank until contract award]
of this Agreement is: dollars and no cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A – County Based Service Center Request for Offer 4 Pages
Exhibit B – Budget Detail and Payment Provisions
Exhibit B, Attachment 1 – Cost Worksheet
3 Pages
XX Page(s)
Exhibit C – General Terms and Conditions 10 Pages
Exhibit D – Special Terms and Conditions 1 Page
Exhibit E – Additional Provisions 3 Pages
Exhibit F – Performance Standards 6 Pages
Exhibit G – Business Associate Agreement 10 Pages
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
Contra Costa County
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Federal D. Glover, Chair
Board of Supervisors
ADDRESS
Attention of Kathy Gallagher, 40 Douglas Drive, Martinez, CA 94553
STATE OF CALIFORNIA
AGENCY NAME
California Health Benefit Exchange
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
David Maxwell-Jolly, Chief Deputy Executive Director, Strategy Government Code
Section100505 ADDRESS
560 J Street, Suite 290, Sacramento, CA 95814
Agreement 12-E9053 Page 1 of 5
California Health Benefit Exchange/Contra Costa County
Exhibit A
(Public Entity Agreement)
SCOPE OF WORK
The Scope of W ork consists of the following items, and by reference incorporates the
work identified in Section 3, General Statement and Purpose of Work, of the HBEX12
County Service Center Request for Offer (RFO):
A. Statement of Work:
Contra Costa County (County) shall provide staff and facilities to perform work as follows:
1. Staffing
a. The County shall provide, located at the County site, a minimum of:
1. One hundred and sixty two (162) full-tim e equivalents (FTEs)
customer service (call center) staff (90 Full Time and 90 Part
Time)
2. sufficient front-line supervisor staff to meet a one-to-fifteen ratio
of supervisor to call center staff (Eligibility Worker 1 and 2), e.g.,
twelve (12) supervisors for one hundred and eighty (180) staff.
For cost purposes, the maxim um the Exchange will pay for is
one (1) supervisor for every fifteen (15) staff. For performance
purposes, the minimum is one (1) supervisor for every eighteen
(18) staff. As the Exchange Service Center operations are
refined, the County shall conform to staffing ratios consistent
with Exchange-operated facilities.
3. sufficient Operations management staff to provide a one-to-six
(1:6) ratio of manager to supervisors. For cost purposes, the
maximum the state would pay for is one (1) manager for every
six (6) supervisory staff. For performance purposes, the
minimum is one (1) manager for every seven (7) supervisory
staff. As the Exchange Service Center operations are refined,
the County shall conform to staffing ratios consistent with
Exchange-operated facilities. A minimum of one (1) dedicated
Operations manager is required.
4. one (1) dedicated Exchange Call Center Manager, one (1)
dedicated Exchange Call Center Quality Control Manager, one
(1) dedicated Exchange Call Center Training Coordinator (1)
dedicated Exchange Call Center Quality Assurance Monitor. The
Exchange Call Center Manager, Exchange Call Center Quality
Agreement 12-E9053 Page 2 of 5
California Health Benefit Exchange/Contra Costa County
Exhibit A
(Public Entity Agreement)
Control Manager, and the Exchange Call Center Training
Coordinator are accountable for the site’s overall perform ance.
5. a single, named individual designated as the site director, with
dotted line accountability to the Exchange service center
management. This role may be leveraged with other County
organizations, however, allocation to County Service Center
shall be sufficient to meet Exchange needs
The Exchange shall not restrict County hiring conditions, processes, or
any other matters relative to the employment and compensation of
County Exchange staff including the granting of cost of living
adjustments as part of the County’s collective bargaining processes.
2. Quality of Work
a. Customer Service agents (representatives) must successfully pass the
Exchange provided training curriculum, which shall include a certification of
successful completion, before they are permitted to take inquiries (calls,
web chats) on behalf of the Exchange Service Center.
b. The County shall commit to a formal performance management program
that measures key performance metrics on a 30/60/90 day rolling plan.
Performance will be tracked by the Exchange and measured on the
individual customer service agent, supervisor, manager, and site on a
weekly and monthly basis. This will include but not be limited to: Average
Handle Time, Schedule Adherence, Quality Adherence, and Customer
Satisfaction.
3. Tasks and Responsibilities – the County shall:
a. Conduct Customer Service agent training using, at a minimum, the
Exchange provided training curriculum. The County shall provide a
certificate of successful completion as evidence of completed training.
b. Maintain call center hours of operation identical to the Exchange
Service Center hours of operation.
1. Open Enrollment periods: Monday – Saturday 8am – 8 pm.
2. Non-Open Enrollment periods: Monday – Friday 8am – 6pm and
Saturday 8am-5pm
Agreement 12-E9053 Page 3 of 5
California Health Benefit Exchange/Contra Costa County
Exhibit A
(Public Entity Agreement)
3. The County is responsible for any local work rules changes
required to conform to the Exchange Service Center hours of
operation.
c. Utilize the Service Center desktop utilized by the Exchange Service
Center(s.) This is currently envisioned to be the California Healthcare
Eligibility, Enrollment, and Retention System (CalHEERS), but could
include other systems and technologies as determined by the
Exchange. The Exchange shall provide, manage, maintain and
upgrade, as may be determined necessary by the Exchange, call center
technologies required to deliver multi-channel and customer service
tools on the desktop (e.g., CalHEERS, Customer Relationship
Management (CRM) system, Automated Call Distribution (ACD), et al)
needed to take and handle customer calls for the Exchange consistent
with Exchange enterprise wide standards.
d. Utilize CalHEERS to determine eligibility.
e. Adhere to the Exchange protocols and scripts (knowledgebase) for
contact handling.
f. Provide staff on the dedicated queues with next available agent to
support the Exchange Service Center. When staff are logged into the
dedicated Exchange queue, they shall work on Exchange Service
Center work only.
g. Enable the Customer Service agent to handle a call through the
potential life cycle, that is, from inquiry to eligibility through to plan
enrollment.
h. Commit one or more liaison resources to work with the centralized
Exchange Command Center. The centralized Exchange Command
Center provides all workforce management forecasting, schedules and
monitoring across all Exchange and County service center sites.
i. Adhere to the Exchange Command Service Center workforce
management forecast and scheduling requirements.
j. Work collaboratively with the Exchange Service Center staff in the
development of training materials and curriculum, quality assurance
programs and knowledgebase tools. This may require travel for the
dedicated staff during the launch program. Travel costs will be
reimbursed by the Exchange according to County Travel
Reimbursement guidelines and policies.
Agreement 12-E9053 Page 4 of 5
California Health Benefit Exchange/Contra Costa County
Exhibit A
(Public Entity Agreement)
k. Allow access to on-site operations by Exchange Service Center staff or
approved consultants during normal business hours of operation for
scheduled and unscheduled visits.
l. Provide all facilities, including furniture, cubes, office supplies, etc., to
perform the required work, including any facilities and resources for
training. Provide wiring from the point of presence to the workstation.
Facilities shall meet HIPAA security and privacy requirements. Voice
and Data technology shall be provided by the Exchange, however the
facility must be capable of supporting such technology.
1. The facilities shall include space for up to two (2)
desktop/technology support staff provided by the Exchange.
m. Designate a single person (e.g., site director) to whom all project
communications may be addressed and who has the authority to act on
all aspects of the contract for services. This person will be responsible
for the overall project and will be the contact for all invoice and County
staffing issues.
n. Meet the Exchange Service Center ramp-up and timelines for the July
1, 2013 pilot program and October 1, 2013 formal go live. The following
key milestone dates are planned but may change:
1. County Board of Supervisors approval of contract by February
26, 2013
2. Availability of resources both technical and Subject Matter Expert
(SMEs) to participate in the coordination of deployment and
content development by contract effective date
3. Dedicated County leadership staff hired and on board full time no
later than thirty days of contract effective date.
4. Service Center hiring and recruitment completed by May 2013
5. Leadership staff completed with training by April 2013 and
frontline completed with training by June 2013
6. Successful integration of Exchange technology and completion
of User Acceptance Testing by May 2013
7. Staff fully engaged in pilot by July 2013
8. Staff engaged with Go Live October 2013
9. Leadership available to participate in “post pilot” and “post go
live” process improvements to refine operational processes.
o. The parties acknowledge that the County operates a subsidized
employment program which provides employment, training, and
supervision targeted to CalW ORKs recipients. The goal of the
subsidized employment program is to provide supervised work and
Agreement 12-E9053 Page 5 of 5
California Health Benefit Exchange/Contra Costa County
Exhibit A
(Public Entity Agreement)
enrichment activities leading to unsubsidized employment for
CalW ORKs clients.
It is agreed that CalW ORKs clients may be placed at the Exchange Call
Center in paid subsidized employment slots to provide Center support.
CalW ORKS clients placed at the Center will be covered under signed
worksite agreements and will be subsidized by CalWORKs funds during
the worksite placement period. CalW ORKS clients placed at the
Exchange call center shall not displace any current represented County
employees nor violate any provisions listed in Exhibit C, Section U.
The Exchange shall not incur any direct costs related to the
employment of individuals employed through the CalW ORKS program.
B. Project Representatives:
The representatives for this project, during the term of this Agreement, shall be:
Exchange Program Representative County Representative:
David Maxwell-Jolly
California Health Benefit Exchange
560 J Street, Suite 290
Sacramento, CA 95814
(916) 323-3625 - T
(916) 323-3564 - F
David.Maxwell-Jolly@hbex.ca.gov
Contra Costa County
Wendy Therrian
40 Douglas Drive
Martinez, CA 94553
(925) 313-1593 - T
(925) 313-1575 - F
Wtherria@ehsd.cccounty.us
Agreement 12-E9053 Page 1 of 5
California Health Benefit Exchange/Contract Costa County
EXHIBIT B
(Public Entity Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
A. General Payment Provisions
a. Payment for Customer Service Agents shall be an hourly rate. The hourly rate shall include
the proportionate, distributed cost of a supervisor and other indirect and overhead costs
such as benefits and administrative overhead, and non-productive time such as vacation
and holidays.
b. Payment for Customer Service Agents shall be based on the actual time logged into the
dedicated Exchange ACD queue at the negotiated rate indicated in Exhibit B, Section B.1.
Logged time on the Exchange ACD queue covers talk tim e, after call work, any idle time
between calls required to achieve the service levels, and tim e logged to auxiliary codes
such as call center and other mandatory training, team meetings, quality reviews, etc.
Logged time shall not include non-working time such as sickness, vacation, lunch breaks,
leaves of absence, and so forth.
Subject to Exhibit E, Section F (Force Majeure), the County is entitled to payment for
customer service agents at the comparable state rate for tim e not logged into the Exchange
ACD queue if the County’s agents are prepared to log in but are unable to do so because
the Exchange’s technology system is inoperable, through no fault of County.
c. Payment for Supervisors is included in the hourly rate for Customer Service Agents.
d. Payment for the Exchange Call Center Manager, the Exchange Call Center Quality Control
Manager, the Exchange Call Center Training Coordinator, and the Exchange Call Center
Quality Assurance Monitor shall be a fixed per-position monthly rate comparable to the state
rate. Only positions actually filled shall be reimbursed.
e. Payment for training of customer service agents shall be based on actual hours spent in
training and at the agreed upon hourly rate.
f. No overtim e costs shall be reimbursed.
g. The Exchange shall reimburse the County for reasonable, approved start-upcosts based on
the County’s actual cost. County shall provide line-item detail and business justification for
all start-up costs.
Examples of start-up costs include:
i. Hiring and recruiting efforts
ii. Facility tenant im provements, including wiring from the point of presence to the
workstation
iii. Facility furnishings (offices, cubes, furniture)
Agreement 12-E9053 Page 2 of 5
California Health Benefit Exchange/Contract Costa County
EXHIBIT B
(Public Entity Agreement)
iv. Office equipment (other than service center technology that the Exchange is
supplying), such as copiers, printers, shredders, etc.
v. Facility required for training (if not otherwise provided by the Exchange)
h. The Exchange shall provide, manage, maintain and upgrade, as may be determined
necessary by the Exchange call center technologies required to deliver multi-channel and
customer service tools on the desktop (e.g., CalHEERS, Customer Relationship
Management (CRM) system, Automated Call Distribution (ACD), et al) needed to take and
handle customer calls for the Exchange consistent with Exchange enterprise wide
standards. The Exchange shall bear the costs to provide and manage the technologies, but
shall not reimburse the County for any direct or indirect costs related to the technologies
identified in this paragraph.
B. Invoicing and Payment
The maxim um amount payable under this agreement shall not exceed $25,398,647. Attachment 1 to
Exhibit B – Summary Cost W orksheet summarizes all costs to be reimbursed by the Exchange.
1. Shown below are the amounts that cannot be exceeded for each state fiscal year.
2012/2013: $1,891,987
2013/2014: $14,904,734
2014/2015: $8,601,926
2. For services satisfactorily rendered, and upon receipt and approval of the invoice(s), the
Exchange, agrees to pay the County for said services
a. Staffing Services
i. For Customer Service agents, at a provisional hourly rate of $46.88 per hour for
hours logged onto the dedicated Exchange ACD as displayed in Attachment 3 to
Exhibit B.
ii. For Site Director, at a provisional monthly rate of $13,989 per month.
iii. For Quality Assurance Manager, at a provisional monthly rate of $12,292 per month.
iv. For Training position, at a provisional monthly rate of $11,123 per month.
v. For Quality position, at a provisional monthly rate of $8,832 per month.
b. The County shall submit an invoice by calendar month supported by Exchange Command
Center reports, which summarize satisfaction of service level agreements for the month.
The invoice shall also be supported by Exchange Command Center reports summarizing
the customer service agent hours logged onto the dedicated Exchange ACD and shall
name the Exchange Call Center Manager, Exchange Call Center Quality Control Manager,
Exchange Call Center Training Coordinator, and Exchange Call Center Quality Assurance
Monitor position being invoiced. Provisional rates may be adjusted during the term of this
agreement and must be documented in writing by both parties. Training
i. For Customer Service agents, at a provisional hourly rate of $46.88 per hour for
actual hours in Exchange training classes and other mandatory training as displayed
in Attachment 3 to Exhibit B.
Agreement 12-E9053 Page 3 of 5
California Health Benefit Exchange/Contract Costa County
EXHIBIT B
(Public Entity Agreement)
The County shall submit an invoice by calendar month supported by documentation
summarizing the agent name, class(es) taken, and the actual hours in attendance.
c. Monthly Facility Costs
i. For monthly facility costs.
The County shall submit an invoice by calendar month for the monthly facility lease
charges. Other incidental facility costs shall be supported by an invoice documenting the
charge.
d. Travel
i. For approved Start-up/Launch travel, for actual costs at the current County rate.
The County shall submit an invoice for prior calendar month costs, supported by evidence
of Exchange approved travel (e.g., dates, locations, purpose, etc.) and copies of receipts for
actual costs where required.
e. Start-Up
i. For reasonable and approved start-up items, other than travel, for actual costs
The County shall submit an invoice monthly supported by brief progress which summarizes
both completed tasks and work in progress toward start-up, and by evidence of actual
costs.
3. Invoices shall be submitted in a format consistent with Attachment 4 to Exhibit B and include the
Agreement Number and CFDA Code 93.525 and shall be submitted in triplicate not more
frequently than monthly in arrears to:
California Health Benefit Exchange
Attn: Accounts Payable
560 J Street, Suite 290
Sacramento, CA 95814
Any invoices submitted without the above-referenced information may be returned to the County
for further re-processing.
4. The state shall send payments to:
Department of Human Services
Kathy Gallagher
40 Douglas Drive
Martinez, CA 94553
C. State Budget Contingency Clause
1. The HBEX is a public state entity that does not have legislative authority to receive state general
funds to support operations without a specific appropriation. The legislation that created the
Exchange requires it to ensure that its establishment and operations costs do not exceed the non-
General Fund revenue sources available. If revenue for the Exchange requires operational
adjustments to remain self-sustaining, the California Health Benefit Exchange shall have the option
to either cancel this Agreement with no liability occurring to the State, or offer an agreement
amendment to County to reflect the reduced amount. It is mutually agreed that if the revenue for
the Exchange for the current year and/or any subsequent years covered under this Agreement
does not provide sufficient funds for the program, this Agreement shall be of no further force and
effect. In this event, California Health Benefit Exchange shall have no liability to pay any funds
Agreement 12-E9053 Page 4 of 5
California Health Benefit Exchange/Contract Costa County
EXHIBIT B
(Public Entity Agreement)
whatsoever to County or to furnish any other considerations under this Agreement and County
shall not be obligated to perform any provisions of this Agreement, under the 90-day cancellation
clause in Exhibit D, Section B.
2. The California Health Benefit Exchange has the option to invalidate the Agreement under the 90-
day cancellation clause in Exhibit D, Section B or to amend the Agreement to reflect any reduction
of funds.
D. For Contracts With Federal Funds
1. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of Congressional appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays which would occur if the
Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if suff icient funds are made available to the
Exchange by the United States Government for the term of this Agreement for the purposes of
this program. In addition, this Agreem ent is subject to any additional restrictions, limitations, or
conditions enacted by the Congress or any statute enacted by the Congress which m ay affect
the provisions, term s, or funding of this Agreement in any m anner.
3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this
Agreement shall be amended to reflect any reduction in funds.
4. The California Health Benefit Exchange has the option to invalidate the Agreem ent under the 90-
day cancellation clause in Exhibit D, Section B or to amend the Agreement to ref lect any
reduction of funds.
E. Prompt Payment Clause
Payment will be made in accordance with, and within the tim e specified in, Government Code Chapter
4.5, commencing with Section 927.
F. Review
The California Health Benefit Exchange reserves the right to review service levels and billing
procedures as they impact charges against this Agreement.
G. Final Billing
Invoices for services must be received by the Exchange within 90 days following each state fiscal
year, or 90 days following the end of the contract term, whichever comes first. The final invoice must
include the statement “Final Billing.”
H. Nonresident Tax Withholdings
Payments to all nonresidents may be subject to withholding. Nonresident payees performing services
in California or receiving rent, lease, or royalty payments from property (real or personal) located in
Agreement 12-E9053 Page 5 of 5
California Health Benefit Exchange/Contract Costa County
EXHIBIT B
(Public Entity Agreement)
California will have seven percent of their total payments withheld for state income taxes. However,
no withholding is required if total payments to the payee are $1,500 or less for the calendar year.
I. Budget Flexibility
Line items, as listed in Attachment 2 to Exhibit B, may be adjusted by the County by up to $225,000
per fiscal year without prior approval by the Exchange and must be identified in all subsequent
financial reports submitted to the Exchange. The cumulative total of all line item adjustments per fiscal
year allowed without prior Exchange approval cannot exceed $1,000,000. Line item adjustments over
$225,000 or cumulative adjustments in excess of $1,000,000 per fiscal year will require Exchange
approval. There must be a business justification for any shifts made and reported to the Exchange.
Line item shifts may be requested by either the Exchange or the County in writing and must not
increase or decrease the total contract amount allocated. Line item shifts in excess of the amount
delegated to the County must be approved in writing by the Director of the Exchange, or his or her
designee in the month prior to the month in which it would apply. If the contract is formally amended,
any line item shifts agreed to by the parties must be included in the amendment.
J. Mutual Financial Reconciliation
The parties mutually understand that this Call Center is operated by the County under contract with
the Exchange and that the County does not have authority to expend any County General Funds to
support the operation of this Call Center.
The County’s authorization to enter into this contract with the Exchange requires that the
establishment and operations costs are equal to the amount of the reimbursement provided by the
Exchange. The parties specifically agree that there will be at least a quarterly process as described in
Exhibit D Section G (2) where all costs and reimbursements from the Exchange to the County will be
reviewed and any costs under the contract or approved under Section I in this Exhibit (Budget
Flexibility) that have not been previously reimbursed by the Exchange, and are not contested, will be
reimbursed within 90 days of the completion of the process. Furthermore, if any costs reim bursed by
the Exchange that exceeded the County’s costs will be credited back to the Exchange on the next
subsequent invoice.
At the termination of this contract for any cause, the parties shall reconcile costs and reimbursements
and settle any outstanding undisputed amounts within 90 days.
Failure by the Exchange or County to provide such payment is a breach of this contract.
California Health Benefit Exchange – HBEX12: Contra Costa County Service Center
Page 1 of 2
Attachment 1 to Exhibit B
Summary Cost Worksheet
Hourly Rates
Staff Category
Provisional
Hourly Rate *
Provisional
Hourly Rate *
Provisional
Hourly Rate *
FY 12/13 FY 13/14 FY 14/15
Customer Service
Agents $46.88 $ 46.88 $ 46.88
* Staff Category Provisional Hourly Rate includes Salary, benefits, administrative
costs, overhead costs, and associated supervisory positions.
Monthly Management Costs
Staff Category
Provisional
Monthly Rate
Provisional
Monthly Rate
Provisional
Monthly Rate
FY 12/13 FY 13/14 FY 14/15
Management
Positions $46,236 $ 46,236 $ 46,236
California Health Benefit Exchange – HBEX12: Contra Costa County Service Center
Page 2 of 2
Start-up Costs
Proposed Start-Up Task/Item Units Unit Rate
Extended Cost Extended Cost Total Estimated
Cost
FY 12/13 FY 13/14
Tenant Improvements $526,750 $ 526,750
Furniture $139,690 $139,690
Equipment $30,385 $30,385
Launch & Operations Staffing $320,850
$57,253 $378,104
Background Checks 13,398 13,398
Travel 6,790 6,790
GRAND TOTAL $ $1,037,863 $57,253 $1,095,116
Estimated Monthly Facility Costs
Add lines as needed.
Monthly Facility Line Item
Annual
Extended
Cost
Annual
Extended
Cost
Annual
Extended
Cost
FY 12/13 FY 13/14 FY 14/15
Lease Rate $174,588 $715,811 $430,083
GRAND TOTAL $174,588 $715,811 $430,083
Attachment 2 to Exhibit B - Example Line Item Reconciliation
Fully Loaded
Cost per hour
Eligibility W ork I Estimated Hourly Rate $ xx.xx
Eligibility W orker II Estimated Hourly Rate $ xx.xx
Blended Estimated Hourly Rate $ xx.xx
Benefits Percentage xx.xx%included in hourly rate
Administrative Overhead Percentage xx.xx%included in hourly rate
Front Line Staff Labor Costs # of Hours Hourly Rate Total Monthly Cos
Full Time EW 1 & EW 2 Blended Rate Actual Hours$ xx.xx $ xx.
Part Time EW1 & EW 2 Blended Rate Actual Hours$ xx.xx $ xx.
Total Monthly Staff and Supervisors Labor Costs $ x,xxx,x
Monthly Dedicated Management
Site Director-Division Manager $ xx,x
Quality Assurance Manager $ xx,x
Training Position $ xx,x
Quality Control Position $ xx,x
Total Monthly Dedicated Management $ xx,x
Total Monthly Labor Costs $ x,xxx,x
Monthly Lease Cost $ xx,x
Total Fully Loaded Monthly Costs $ x,xxx,x
Estimated Annual Costs $ xx,xxx,x
Example: Annual Administrative Costs
Office Supplies $ xx,xxx
Office Equipment $ xx,xxx
Ergo Evaluations $ xx,xxx
Ergo Evaluation Equipment $ xx,xxx
Neopost meter & scale (med duty-60 mo. Lease)$ xx,xxx
Requested Bldg Maintenance $ xx,xxx
Bldg Maintenance including utilities $ xx,xxx
Central Service Drivers $ xx,xxx
Benefits Admin Fee G32 $ xx,xxx
Countywide Cost Allocation A-87 $ xx,xxx
Liability charges from Risk Management $ xx,xxx
E-mail/DoIT $ xx,xxx
Other Post Employment Benefit Charges $ xx,xxx
Prorated share of General Admin Support $ xx,xxx
Total Operating Overhead $ x,xxx,xxx
Clerical Support $ xx,xxx
Clerical Supervisor with Bldg differential $ xx,xxx
S t f Di i i M $
Attachment 3 to Exhibit B - Example Calculation for Provisional Hourly Rate
Agents Oper Hrs Annual HoursBillable $ per HH
Number of billable hours for each full time agent
Balance of Hours that need to be staff by PI staff
TOTAL
Full Time Average Billable Hours
Average Hourly Rate Covers vacation,
Benefits Estimated benefit
Overhead / Admin Cost
Fully Loaded Costs per hour
Part Time Average Billable Hours
Average Hourly Rate Covers vacation,
Benefits * Estimated Benefi
Overhead / Admin Cost * Assumes part ti
Fully Loaded Costs per hour
Example Calculation for Benefit Rate
County Classification Roles Ratio's Annual Base Salar # of FTE's To
** EW II
EW I
EW Supervisor
** Includes 25% w/100 per mo. Bi-lingual differential
Example Calculation for Overhead Rate
Total Operating Overhead
Ongoing Direct Billed OH and Staff
Total Operating Overhead and Direct Billed Overhead Staff x
Combined Salaries for Full TimeandPart T Salaries
Attachment 4 to Exhibit B - Sample Monthly Invoice
To:California Health Benefits Exchange
Attn: Accounts Payable
560 J Street, Suite 290
Sacramento, Ca 95814
From: Contra Costa County
Employment and Human Services
40 Douglas Drive
Martinez, CA 94553
Agr eement #: XX-XXXXXX
DFDA Code:93.525
Invoice #:XX
Invoice Period: XX/XX/XXXX to XX/XX/XXXX
Provisi onal
Hourly Rate
Provisional Hourly Rate $ xx.xx
Benefits Percentage xx.xx % Included in Provisional Hourly
Adm inistrative Overhead Percentage xx.xx % Included in Provisional Hourly
- A - - B -(A X B)
Front Line Staff Labor Costs # of Hours
Provisional
Hourly Rate Total Monthly C
Total Monthly Eligibility I and II Staff Hours
Actual ACD
Hours $ xx.xx $
Monthly Dedicated Management
Site Director-Division Manager $xx,xxx
Quality Assurance Manager xx,xxx
Training Position xx,xxx
Quality Control Position xx,xxx
Total Monthly Dedicated Management $
Total Monthly Labor Costs $
(Front Line Staff Labor + Dedicated Mgmt)
Monthly Lease Cost $
Start Up Costs
Tenant Improvements $xx,xxx
Furniture xx,xxx
Equipment xx,xxx
Launch & Operations Staffing xx,xxx
Total Start Up Costs $ x
Invoice Total: $ x,x
Agreement 12-E9053 Page 1 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
GENERAL TERMS AND CONDITIONS
A. APPROVAL:
This Agreement is of no force or effect until signed by both parties.
B. AM ENDMENT:
This Agreement may be amended by mutual consent of the parties. No alteration or
variation of the terms of this Agreement shall be valid unless made in writing and signed
by the parties. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
C. ASSIGNMENT:
This Agreement is not assignable by the County, either in whole or in part, without the
consent of the Exchange in the form of a formal written amendment.
D. AUDIT:
County agrees that the awarding department (“the Exchange”) and the Bureau of State
Audits, or their designated representatives, shall have the right to review and to copy any
records and supporting documentation directly pertaining to the performance of this
Agreement. County agrees to maintain such records for possible audit for a minimum of
three (3) years after final payment, unless a longer period of records retention is
stipulated. County agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, County agrees to include the same right of
the Exchange to audit records and interview staff in any subcontract related to
performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section
1896).
E. INDEMNIFICATION:
If a legal action or proceeding is instituted against the State, related to County’s
performance under this Agreement, County will indemnify the State from and against the
County’s share of liability for any damage, injury or death of or to any person or the
property of any person, including attorneys fees, that a court determines is directly
attributable to the willful misconduct or the negligent acts, errors or omissions of the
County its officers or employees in carrying out its responsibilities under this
Agreement. County’s obligations under this section are subject to the limitation that, under
no circumstance shall County have any liability to State or to any other person or entity not
a party to this Agreement, for consequential or special damages, or for any claims, causes
of action or damages based on loss of use, revenue, prof its or business opportunities
(collectively referred to herein as “Consequential Damages”).
Agreement 12-E9053 Page 2 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
F. DISPUTES:
Disputes shall be administered in accordance with Paragraph A of Exhibit D of this
Agreement. During any dispute, County shall continue with the responsibilities under
this Agreement, unless directed otherwise by the Exchange in writing.
G. INDEPENDENT CONTRACTOR:
County, and the agents and employees of County, in the performance of this Agreement,
shall act in an independent capacity and not as officers or employees or agents of the
Exchange except for purposes of Civil Code Section 1798.24.
H. RECYCLING CERTIFICATION:
The County shall certify in writing under penalty of perjury, if not exact, percentage of
recycled content, both post-consumer waste and secondary waste as defined in the
Public Contract Code, Sections 12200, in materials, goods, or supplies offered or
products used in the performance of this Agreement, regardless of whether the product
meets the required recycled product percentage as defined in the Public Contract Code,
Section 12209. County may certify that the product contains zero recycled content.
I. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, County and its subcontractors, as well as
their agents and employees, shall not unlawfully discriminate, harass, or allow
harassment against any employee or applicant for employment because of sex, sexual
orientation, race, color, ancestry, religious creed, national origin, physical disability
(including HIV and AIDS), mental disability, medical condition (including health
impairments related to or associated with a diagnosis of cancer for which a person has
been rehabilitated or cured), age (over 40), marital status, and use of family and medical
care leave pursuant to state or federal law. County and subcontractors, as well as their
agents and employees, shall ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and
harassment. The County and subcontractors, as well as their agents and employees,
shall comply with the provisions of the Fair Employment and Housing Act (Government
Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated
thereunder (Title 2, California Code of Regulations, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of
the California Code of Regulations, are incorporated into this Agreement by reference
and made a part hereof as if set forth in full. County and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other Agreement.
County shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
Agreement 12-E9053 Page 3 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
J. CERTIFICATION CLAUSES:
1. DRUG-FREE WORKPLACE REQUIREMENTS:
County will comply with the requirements of the Drug-Free Workplace Act of
1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The person’s or organization’s policy of maintaining a drug-free
workplace;
3) Any available counseling, rehabilitation and employee assistance
programs; and
4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on this contractwill:
1) Receive a copy of the County’s drug-free workplace policy statement;
and
2) Agree to abide by the terms of the County’s statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and County may
be ineligible for award of any future Exchange agreements if the Exchange
determines that any of the following has occurred: (1) the County has made false
certification, or violated the certification by failing to carry out the requirements as
noted above. (GC 8350 et seq.)
2. DOING BUSINESS WITH THE STATE OF CALIFORNIA:
a. CONFLICT OF INTEREST:
County acknowledges the following provisions regarding current or former
state employees. If County has any questions on the status of any person
rendering services or involved with the Agreement the County shall contact
the State immediately for clarification.
Agreement 12-E9053 Page 4 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
1) Current State Employees (PCC 10410):
a) No officer or employee shall engage in any employment, activity
or enterprise from which the officer or employee receives
compensation or has a financial interest and which is sponsored
or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
b) No officer or employee shall contract on his or her own behalf as
an independent contractor with any state agency to provide goods
or services.
2) Former State Employees (PCC 10411):
a) For the two (2)-year period from the date he or she left state
employment, no former state officer or employee may enter into a
contract in which he or she engaged in any of the negotiations,
transaction, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any
capacity by any state agency.
b) For the twelve (12)-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that
state agency in a policy-making position in the same general
subject area as the proposed contract within the twelve (12)-
month period prior to his or her leaving state service.
3) If County violates any provisions of the above paragraphs, such action
by County shall render this Agreement void. (PCC 10420).
4) Members of boards and commissions are exempt from this section if
they do not receive payment other than payment of each meeting of
the board or commission, payment for preparatory time and payment
for per diem. (PCC 10430 (e)).
b. LABOR CODE/WORKERS’ COMPENSATION:
County acknowledges the provisions of law which require every employer
to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions, and County agrees to
comply with such provisions before commencing the performance of the
work of this Agreement. (Labor Code Section 3700.)
c. AMERICANS WITH DISABILITIES ACT:
County certifies that it complies with the Americans with Disabilities Act
(ADA) of 1990, as amended, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
Agreement 12-E9053 Page 5 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
d. NAME CHANGE:
County acknowledges that an amendment is required to change the
County’s name as listed on this Agreement. Upon receipt of legal
documentation of the name change the Exchange will process the
amendment. Payment of invoices presented with a new name cannot be
paid prior to approval of said amendment.
e. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
1) County acknowledges that, when agreements are to be performed in
the state by corporations, the Exchange will verify that the contractor
is currently qualified to do business in California in order to ensure
that all obligations due to the state are fulfilled.
2) “Doing business” is defined in R&TC Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary
gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor performing within the state
not be subject to the franchise tax.
3) Both domestic and foreign corporations (those incorporated outside of
California) must be in good standing in order to be qualified to do
business in California. Agencies will determine whether a corporation
is in good standing by calling the Office of the Secretary of State.
f. RESOLUTION:
A county, city, district, or other local public body must provide the Exchange
with a copy of a resolution, order, motion, or ordinance of the local
governing body which by law has authority to enter into an agreement,
authorizing execution of the agreement.
g. AIR OR WATER POLLUTION VIOLATION:
County acknowledges that, under the State laws, the County shall not be:
(1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2)
subject to cease and desist order not subject to review issued pursuant to
Section 13301 of the Water Code for violation of waste discharge
requirements or discharge prohibitions; or (3) finally determined to be in
violation or provisions of federal law relating to air or water pollution.
h. PAYEE DATA RECORD FORM STD 204:
County acknowledges that this form must be completed by all contractors
that are not another state agency or other government entity.
Agreement 12-E9053 Page 6 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
K. TIMELINESS:
Time is of the essence in this Agreement.
L. COMPENSATION:
The consideration to be paid County, as provided herein, shall be in compensation for all
of County's expenses incurred in the performance hereof, including travel, per diem, and
taxes, unless otherwise expressly so provided.
M. GOVERNING LAW:
This Agreement shall be administered, construed, and enforced according to the laws of
the State of California (without regard to any conflict of law provisions) to the extent such
laws have not been preempted by applicable federal law. Any suit brought hereunder
(including any action to compel arbitration or to enforce any award or judgment rendered
thereby) shall be brought in the state or federal courts sitting in Sacramento, California,
the parties hereby waiving any claim or defense that such forum is not convenient or
proper. Each party agrees that any such court shall have in personam jurisdiction over it
and consents to service of process in any manner authorized by California law.
N. ANTITRUST CLAIMS:
The County by signing this agreement hereby certifies that if these services or goods are
obtained by means of a competitive bid, the County shall comply with the requirements
of the Government Codes sections set out below.
1. The Government Code Chapter on Antitrust claims contains the following
definitions:
a. "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
b. "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
2. In submitting a bid to a public purchasing body, the bidder offers and agrees that
if the bid is accepted, it will assign to the purchasing body all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by the bidder for sale to
the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the
bidder. Government Code Section 4552.
Agreement 12-E9053 Page 7 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
3. If an awarding body or public purchasing body receives, either through judgment
or settlement, a monetary recovery for a cause of action assigned under this
chapter, the assignor shall be entitled to receive reimbursement for actual legal
costs incurred and may, upon demand, recover from the public body any portion
of the recovery, including treble damages, attributable to overcharges that were
paid by the assignor but were not paid by the public body as part of the bid price,
less the expenses incurred in obtaining that portion of the recovery. Government
Code Section 4553.
4. Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the
assignor has been or may have been injured by the violation of law for which the
cause of action arose and (a) the assignee has not been injured thereby, or (b)
the assignee declines to file a court action for the cause of action. See
Government Code Section 4554.
O. CHILD SUPPORT COMPLIANCE ACT:
In accordance with the Child Support Compliance Act,
1. The County acknowledges the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
2. The County, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
P. UNENFORCEABLE PROVISION:
Should one or more provisions of this contract be held by any court to be invalid, void or
unenforceable, the remaining shall nevertheless remain and continue in full force and
effect.
Q. UNION ORGAN IZING:
By signing this Agreement, County hereby acknowledges the applicability of
Government Code Section 16645 through Section 16649 to this Agreement and agrees
to the following:
1. County will not assist, promote or deter union organizing by employees
performing work on a state service contract, including a public works contract.
2. No state funds received under this agreement will be used to assist, promote or
deter union organizing.
Agreement 12-E9053 Page 8 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
3. County will not, for any business conducted under this agreement, use any state
property to hold meetings with employees or supervisors, if the purpose of such
meetings is to assist, promote or deter union organizing, unless the state
property is equally available to the general public for holding meetings.
4. If County incurs costs, or makes expenditures to assist, promote or deter union
organizing, County will maintain records sufficient to show that no reimbursement
from state funds has been sought for these costs, and that County shall provide
those records to the Attorney General upon request.
5. County will be liable to the Exchange for the amount of any funds expended in
violation of the requirements of Government Section 16645 through Section
16649.
R. DOMESTIC PARTNERS:
Notwithstanding any other provision of law, no state agency may enter into any contract
for the acquisition of goods or services in the amount of one hundred thousand dollars
($100,000) or more with a contractor who, in the provision of benefits, discriminates
between employees with spouses and employees with domestic partners, or
discriminates between employees with spouses or domestic partners of a different sex
and employees with spouses or domestic partners of the same sex, or discriminates
between same-sex and different-sex domestic partners of employees or between same-
sex and different-sex spouses of employees.
S. LEGAL SERVICES REQUIREMENTS:
For all contracts that provide legal services:
1. The contractor shall agree to adhere to legal cost and billing guidelines
designated by the state agency.
2. The contractor shall adhere to litigation plans designated by the state agency.
3. The contractor shall adhere to case phasing of activities designated by the state
agency.
4. The contractor shall submit and adhere to legal budgets as designated by the
state agency.
5. The contractor shall maintain legal malpractice insurance in an amount not less
than the amount designated by the state agency.
6. The contractor shall submit to legal bill audits and law firm audits if requested by
the state agency. The audits may be conducted by employees or designees of
the state agency or by any legal cost control providers retained by the state
agency for that purpose.
T. MINIMUM PRO-BONO CERTIFICATION:
For all contracts over $50,000 that provide legal services, the County agrees to make a
good faith effort to provide a minimum number of hours of pro bono legal services during
each year of the contract equal to the less of 30 multiplied by the number of full time
attorneys in the firm’s offices in the State, with the number of hours prorated on an
Agreement 12-E9053 Page 9 of 9
California Health Benefit Exchange/Contra Costa County
EXHIBIT C
(Public Entity Agreement)
actual day basis for any contract period of less than a full year or 10% of its contract with
the Exchange. Failure to make a good faith effort may be cause for non-renewal of a
State contract for legal services, and may be taken into account when determining the
award of future contracts with the State for legal services.
U. PRIORITY HIRING CONSIDERATIONS FOR RECIPIENTS OF AID:
If this Contract includes services in excess of $200,000, the County shall give priority
consideration in filling vacancies in positions funded by the Contract to qualified
recipients of aid under Welfare and Institutions Code Section 11200 in accordance with
Pub. Contract Code §10353. This requirement shall not interfere with or require a
violation of a collective bargaining agreement, a federal affirmative action obligation for
hiring disabled veterans of the Vietnam era, or nondiscrimination compliance laws of
California and does not require the employment of unqualified recipients of aid.
V. NO THIRD-PARTY BENEFICIARY RIGHTS
Nothing express or implied in this Agreement is intended or shall be interpreted to create
or confer any rights, remedies, obligations or liabilities whatsoever in any third party.
Agreement 12-E9053 Page 1 of 5
California Health Benefit Exchange/Contra Costa County
EXHIBIT D
(Public Entity Agreement)
SPECIAL TERMS AND CONDITIONS
A. Dispute Resolution Provisions
1. This section is applicable where the County disputes an interpretation of this agreement
made by the Exchange. The parties shall deal in good faith and attempt to resolve
disputes informally. If the dispute persists, County may submit a Written Notice of Dispute
to the Exchange Project Representative within 15 calendar days after the date of the
action causing the dispute. The Written Notice of Dispute shall contain the following
information:
a. the decision or issue under dispute;
b. the reason(s) County believes the decision or position taken by the Exchange is in
error (if applicable, reference pertinent contract provisions);
c. identification of all documents and substance of all oral communication which
support County’s position; and
d. the dollar amount in dispute, if applicable.
2. Upon receipt of the Written Notice of Dispute, the Exchange Project Representative,
within 15 calendar days after receipt of the Notice, shall issue a Project Representative’s
Written Decision regarding the dispute. The Project Representative’s Written Decision
must include the following information:
a. a description of the dispute;
b. a reference to pertinent contract provisions, if applicable;
c. a statement of the factual areas of agreement or disagreement; and
d. a statement of the representative’s decision with supporting rationale
3. No later than fifteen (15) working days following receipt of the Project Representative’s
Written Decision, the County may send a Written Appeal of Project Representative’s
Decision to the Exchange Executive Director. No later than thirty (30) calendar days after
receipt of the County’s Written Appeal of Project Representative’s Decision, the Executive
Director shall then issue a Final Decision of Dispute, specifying the reasons for denial. If
the Executive Director does not issue a Final Decision of Dispute within said thirty (30)
day period, the appeal will be deemed denied by the Executive Director. The Executive
Director’s Final Decision of Dispute shall be conclusive and binding regarding the dispute
unless County commences an action in a court of competent jurisdiction to contest such
decision within 30 days following the date of the final decision.
4. Pending the final resolution of any dispute arising under, related to or involving this
Agreement, the County shall diligently proceed with the performance of this Agreement,
including the delivery of goods or providing of services in accordance with the Exchange’s
instructions. County’s failure to diligently proceed in accordance with the Exchange’s
instructions shall be deemed a material breach of this Contract.
Agreement 12-E9053 Page 2 of 5
California Health Benefit Exchange/Contra Costa County
EXHIBIT D
(Public Entity Agreement)
B. Termination Without Cause
This Agreement may be terminated without cause by either party upon ninety (90) days
written notice to the other party. If either party terminates this Agreement without cause, the
County shall wind down and cease its services under this Agreement as quickly and efficiently
as possible, without performing unnecessary services or activities, and by minimizing
negative effects on the Exchange from such winding down of services. If this Agreement is so
terminated by either party, the Exchange shall be liable for payment in accordance with the
terms of this Agreement for services rendered in accordance with the requirements of this
Agreement before the effective date of termination. Additionally, the Exchange agrees to
compensate County for reasonable and necessary costs that were incurred by County in
performance of this Agreement as a result of the Exchange’s termination without cause, for
undepreciated or unamortized equipment and software licenses, early termination of leases,
and other reasonable and necessary expenses related to performance of this Agreement,
subject to the Exchange’s availability of State and Federal funds and receipt of supporting
documentation from County. Under no circumstances shall the Exchange reimburse such
reasonable and necessary expenses related to performance of this Agreement in the event
the Exchange terminates this Agreement without cause in an amount that exceeds
$3,700,000.
C. Termination For Cause
The Exchange may terminate this Agreement and be relieved of any payments should the
County fail to perform the requirements of this Agreement at the time and in the manner
herein provided, unless otherwise agreed to by the Exchange in writing. Such right of
termination shall be without prejudice to any other remedies available to the State. Before
terminating for cause, the Exchange must provide County with a Written Notice of Breach
identifying the breaches of this Agreement. If, after 30 calendar days of the Written Notice of
Breach, County fails to cure any material breaches of this Agreement which are described in
the Written Notice of Breach, this Agreement may be terminated in whole or in part, with a
Notice of Termination, effective after 30 calendar days from the Notice of Termination.
Upon receipt of a Notice of Termination for this Agreement, the County shall immediately
discontinue all activities affected, unless the Notice of Termination directs otherwise, and the
Exchange may proceed with the work in any manner deemed proper by the Exchange. In
such event, the Exchange shall pay the County only the reasonable value of the services
rendered, and all costs to the Exchange shall be deducted from any sum due the County.
D. REMEDIES
County and Exchange waive their respective rights to trial by jury of any claim or cause of action
arising out of this Agreement. County and Exchange shall have no liability for damages to one
another or to any other person or entity resulting from any violation of this Agreement.
E. A-133 Audit
To the extent applicable, pursuant to Office of Management and Budget (OMB) Circular A-
133 ___.200 “Audit Requirements”, non-federal entities that expend $500,000 or more in a
year in Federal awards from all sources combined shall have a single or program-specific
audit conducted for that year in accordance with the provisions of OMB Circular A-133. All
OMB Circular A-133 audit reports shall meet the reporting requirements established in OMB
Agreement 12-E9053 Page 3 of 5
California Health Benefit Exchange/Contra Costa County
EXHIBIT D
(Public Entity Agreement)
___.320 “Report Submission” and a copy shall be forwarded to the California Health Benefit
Exchange.
F. Allowable Costs
Determination of allowable costs will be made in accordance with the applicable Federal cost
principles, including OMB Circular A-87. Disallowed costs are those charges determined to
not be allowed in accordance with the applicable Federal cost principles or other conditions
contained in this Agreement.
G. Periodic Business Review
1. Weekly and Monthly Operational Meetings.
Throughout the Term, the Exchange and County shall convene for weekly and
monthly meetings to review County’s performance under this Agreement. Exchange
Representative(s) and County Representatives and such additional appropriate
personnel of each Party shall attend the weekly and monthly operational meetings,
which shall take place at mutually agreeable locations, or if mutually agreed, by
telephone conference call or video conference. The attendees shall address, at a
minimum:
a. Performance Standards and other operational issues as identified in the most
recent Reports ("Weekly Performance Reports" and "Monthly Performance
Reports");
b. Issues for escalation to the QBRs (as defined in Section b immediately below);
c. Delinquent actions of either Party;
d. Program status;
e. Forecasts; and
f. Upcoming audits or compliance reviews.
2. Quarterly Financial Report
Within 60 days after the end of each quarter (e.g., May 31 for the quarter ending
March 31), County shall prepare Quarterly Financial Reports reconciling budgeted
expenses and actual costs as well as reconciling actual costs and amount billed both
by month and for the quarter. These amounts will be reconciled in accordance with
Exhibit B, Section J. The Quarterly Financial Reports shall provide financial data
consistent with the format contained in Exhibit B - Attachment 2 - Line Item
Reconciliation.
3. Quarterly Business Reviews (QBR)
Throughout the Term, the Exchange and County shall also convene quarterly
leadership oversight meetings ("Quarterly Business Reviews" or “QBRs”). All such
meetings shall take place at mutually agreeable locations, or if mutually agreed, by
telephone conference call or video conference. These meetings shall be attended by
Exchange Representative(s) and County Representatives (or their designees), as well
as senior leadership from the Exchange and County with appropriate levels of
expertise regarding the Services. The attendees of the QBRs shall:
a. Review
i. periodic reports and trends from the Exchange Representative(s) and
County Representative(s)
ii. monthly performance reports
Agreement 12-E9053 Page 4 of 5
California Health Benefit Exchange/Contra Costa County
EXHIBIT D
(Public Entity Agreement)
b. Advise with respect to strategic and tactical decisions regarding the establishment,
budgeting and implementation of the Exchange's priorities and plans for the
Services;
c. Review County’s overall performance under this Agreement;
d. Review long-term planning with respect to matters related to this Agreement;
e. Consider whether any updates are required to the list of Developed Marks,
Developed Materials or Procedures Manual; and
f. consider such other issues or matters related to the Services or this Agreement as
either Party may from time to time desire.
4. Business Planning
The Parties acknowledge and agree that the Exchange is responsible for the overall
strategic direction, goals and objectives of the Programs on an ongoing basis. The
County shall have involvement and input. The Exchange shall communicate strategy,
and any changes thereto to County on an annual basis in the form of an annual
strategic plan for its business in the coming year (the "Exchange Strategic Plan"), to
be provided on or before September 1 of each calendar year. County shall review the
Exchange Strategic Plan and develop a comprehensive Business Plan that includes
planning and budgetary projections for the coming calendar year (or for the
subsequent Term, if shorter). The Business Plan shall be submitted to the Exchange
on or before November 1 of each calendar year (provided County has received the
Exchange Strategic Plan and Forecast requirements within the timeframes specified
herein) after consultation with the Exchange, shall be consistent with the Exchange
Strategic Plan, and shall be subject to the final approval of the Exchange no later than
December 15 of each calendar year. The County’s Business Plan shall include the
County’s proposed:
a. Recommendations and plans for modifications, updates and enhancements to the
Services as necessary for the Services to keep pace with technological advances
and advances in the methods of delivering similar services, consistent with the
Exchange Strategic Plan;
b. Recommendations and plans for improving the Services, supporting the Programs
and meeting the social welfare needs of the Exchange's constituency, including
proposed investments to improve efficiencies and remain competitive;
c. service and quality objectives, including the addition or deletion of any Services
included in the [Statement of Work] in which the Services are described in detail;
d. financial projections and budget information forecasts;
e. response to regulatory and governmental developments and other external
environmental matters that are relevant to the Programs;
f. staffing goals; and
g. any other County developments material to its delivery of the Services.
5. Meeting Agenda.
For each meeting described in this Section, the County Representative(s) and
Exchange Representative(s) shall agree to distribute an agenda sufficiently in
advance of the meeting to allow meeting participants a reasonable opportunity to
prepare for the meeting. The County Representative(s) and Exchange
Representative(s) shall also prepare, circulate and maintain meeting minutes for the
meetings described in this Section.
Agreement 12-E9053 Page 5 of 5
California Health Benefit Exchange/Contra Costa County
EXHIBIT D
(Public Entity Agreement)
H. Retention and Access Requirements for Records (45 CFR 92.42)
County agrees to comply with the standards set forth in 45 CFR 92.42.
I. Service Center Lease
The lease agreement for the County Service Center site shall not exceed the amount
presented to the Exchange by the County in the County’s proposal. Furthermore, prior to
entering into a lease agreement for the Service Center site, the County must first submit a
written proposal to the Exchange for approval of the lease amount by the Executive Director
of the Exchange or his designee.
Agreement 12-E9053 Page 1 of 3
California Health Benefit Exchange/Contra Costa County
EXHIBIT E
(Public Entity Agreement)
ADDITIONAL PROVISIONS
A. Intellectual Property Rights
1. All deliverables as defined in the Scope of Work originated or prepared by the County
pursuant to this agreement including papers, reports, charts, and other documentation,
but not including County’s administrative communications and records relating to this
Agreement, shall upon delivery and acceptance by the California Health Benefit
Exchange become the exclusive property of the California Health Benefit Exchange and
may be copyrighted by the California Health Benefit Exchange.
2. All inventions, discoveries or improvements of the techniques or programs or materials
developed pursuant to this agreement shall be the property of California Health Benefit
Exchange. The California Health Benefit Exchange agrees to grant a nonexclusive
royalty-free license for any such invention, discovery, or improvement to the County and
further agrees that the County may sublicense additional persons on the same royalty-
free basis.
3. This Agreement shall not preclude the County from developing materials outside this
Agreement, which are competitive, irrespective of their similarity to materials which
might be delivered to the California Health Benefit Exchange pursuant to this
Agreement. All preexisting intellectual property, copyrights, trademarks and products
shall be the sole property of the County.
B. Confidentiality
The County agrees to protect the personal information of all individuals by following
applicable federal and Exchange privacy and security requirements.
All financial, statistical, personal, technical, and other data and information related to the
California Health Benefit Exchange’s operations that are not publicly available and that
become available to County shall be protected during or after its relationship with the
California Health Benefit Exchange by County from unauthorized use and disclosure.
County agrees that County shall not use any Confidential Information for any purpose other
than carrying out the provisions of the Agreement.
Confidential Information includes, but is not limited to, all proprietary information of the
California Health Benefit Exchange including without limitation: the Deliverables; trade
secrets; know-how; concepts; methods; techniques; designs; drawings; specifications;
computer programs, including the Exchange’s software; support materials; information
regarding the Exchange’s business operations and plans; client, customer, or supplier lists;
pricing information; marketing plans or information; or other records concerning the
Exchange’s finances, contracts, services, or personnel.
At the conclusion of its relationship with the California Health Benefit Exchange, County
shall return any and all records or copies of records relating to the California health Benefit
Exchange, or its business, or its Confidential Information. County shall take such steps as
Agreement 12-E9053 Page 2 of 3
California Health Benefit Exchange/Contra Costa County
EXHIBIT E
(Public Entity Agreement)
may be reasonably necessary to prevent disclosure of Confidential Information to others
and shall not disclose Confidential Information to others without the prior written consent of
the California Health Benefit Exchange. County agrees that Confidential Information
disclosed to it under the terms of this Agreement may be disclosed only to its employees or
agents who have a need to know such Confidential Information.
This Agreement not to disclose Confidential Information will continue to apply after
termination of this Agreement, and until such time as the Confidential Information becomes
public knowledge through no fault of County. County will report to the California Health
Benefit Exchange any and all unauthorized disclosures of Confidential Information. County
acknowledges that any publication or disclosure of Confidential Information to others may
cause immediate and irreparable harm to the California Health Benefit Exchange, and if
County should publish or disclose Confidential Information to others, California Health
Benefit Exchange shall be entitled to injunctive relief or any other remedies to which it is
entitled under law or equity, without posting a bond.
C. Severability
If any provision in this Agreement is invalid or unenforceable in any jurisdiction, the other
provisions herein shall remain in full force and effect in such jurisdiction and shall be
liberally construed in order to effectuate the purpose and intent of this Agreement, and the
invalidity or unenforceability of any provision in this Agreement in any jurisdiction shall not
affect the validity or enforceability of any such provision in any other jurisdiction.
D. Waiver of Breach
The waiver by the California Health Benefit Exchange of any breach by County of any
provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by County.
E. County Limitations
County acknowledges that, in governmental contracting, even the appearance of a conflict
of interest is harmful to the interest of the Exchange. Thus, County agrees to refrain from
any practices, activities or relationships that could reasonably be considered to be in conflict
with County's fully performing County’s obligations to the Exchange under the terms of this
Contract. County shall inquire about and require disclosure by its Staff and Subcontractors
of all activities that may create an appearance of conflict. In the event that County is
uncertain whether the appearance of a conflict of interest may reasonably exist, County
shall submit to the Exchange Project Manager a full disclosure statement setting forth the
relevant details of any activity which the County reasonably believes may have the
appearance of a conflict of interest for the Exchange's consideration and direction. Failure
to promptly submit a disclosure statement setting forth the relevant details for the Exchange
consideration and direction shall be grounds for Termination of this Contract.
Consistent with the Public Contract Code Section 10365.5, no person, firm or subsidiary
who has been awarded a consulting services contract may submit a bid, nor be awarded a
contract, for the provision of the services, procurement of goods or supplies, or any other
Agreement 12-E9053 Page 3 of 3
California Health Benefit Exchange/Contra Costa County
EXHIBIT E
(Public Entity Agreement)
related action that is required, suggested, or otherwise deemed appropriate in the product
of the consulting service contract. This does not apply to:
(a) Any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting
services contract which amounts to no more than 10 percent of the total monetary
value of the consulting services contract.
(b) Consulting services contracts subject to Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code.
Additionally, County agrees that its employees will present Qualified Health Plan offerings to
Service Center Customers in a neutral and unbiased manner.
F. Force Majeure
Neither County nor the Exchange shall be liable or responsible for delays or failures in
performance resulting from events beyond the reasonable control of such party and without
fault or negligence of such party. Such events shall include but not be limited to acts of God,
strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures,
nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other
disasters, whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except Subcontractors).
Agreement 12-E9053 Page 1 of 4
California Health Benefit Exchange/Contra Costa County
Exhibit F
(Public Entity Agreement)
PERFORMANCE STANDARDS
i. Performance Standards and Remedy for Non-Performance
a. Performance Standards are defined by Service Level Agreements
(SLAs) in this contract. The initial Performance Standards are
established by Table F-1 – “Initial Service Level Agreement.”
b. At the end of the Baseline Period described in Section c below,
Service Level Agreements (SLAs) will be continuously monitored,
measured, and recalibrated, as determined necessary by the
Exchange. At its sole discretion, the Exchange may add or delete
Performance Standards that will be measured and monitored across
all Exchange Service Center operations.
c. During the first six (6) months after October 1, 2013 that the County
first starts to take operational calls (the "Baseline Period"), the parties
will work together to evaluate and refine Service Level expectations
and key Performance Indicators as defined in Table F-1. During the
Baseline Period, the County will use reasonable business efforts to
appropriately staff and utilize workforce management with the goal of
meeting or exceeding the initial Service Levels as defined in Table F-
1. At the end of the Baseline Period, based upon actual performance
and historical data the Exchange will finalize the SLA’s to become
binding after the Baseline Period.
d. Failure to Meet Performance Standards
ii. Performance Standards will be discussed during the Weekly and
Monthly Operational Meetings set forth in Exhibit D, Section G.
iii. Root Cause Analysis / Corrective Action. In the event of the County’s
failure to meet any Service Level in any calendar month (whether or
not the failure is excused), the County will promptly develop a
Corrective Action Plan as defined below
a. A Corrective Action Plan should at least include the following
information:
i. Investigation: a report of the investigation of the root
cause of the problem;
ii. Root Cause Identification: identification of the root
cause of the problem
iii. Remedy: where applicable, a plan that identifies a
remedy for the cause of the failure to meet a Service
Level
iv. Implementation Plan: a detailed report of the measures
taken by the County to prevent recurrences if the
performance failure is otherwise likely to recur, and
Agreement 12-E9053 Page 2 of 4
California Health Benefit Exchange/Contra Costa County
Exhibit F
(Public Entity Agreement)
v. Recommendations: recommendations to the Exchange
for improvements in procedures.
iv. Independent of whether or not the County has submitted a Root
Cause Analysis, at its sole discretion, the Exchange may determine
that the County has failed to remedy a Performance Standard and the
Exchange may send a Corrective Action Notice to the County
regarding the failure to meet a Performance Standard.
a. In response to a Corrective Action Notice, the County must
create and implement a Corrective Action Plan as defined
above to cure such failure within 30 days after receiving a
Corrective Action Notice from the Exchange.
b. At the Exchange’s sole discretion, the 30-day correction period
may be extended an additional 30 days if the actions required
to correct the failure are unusually complex, provided that the
County has demonstrated significant progress in implementing
the Corrective Action Plan to correct the failure by the end of
the initial 30-day correction period.
c. In the event the County does not correct the deficiency in
accordance with this subsection, the Exchange in its discretion
may terminate this Agreement for cause subject to Exhibit D,
Section C, with the exception that no additional cure period will
be required before termination. This remedy shall not apply to
the extent that the County’s failure to meet the Performance
Standards is attributable to an event described in Exhibit E,
Section F (Force Majeure.)
Agreement 12-E9053 Page 3 of 4
California Health Benefit Exchange/Contra Costa County
Exhibit F
(Public Entity Agreement)
Table F-1 – Initial Service Level Ag reement
General.
The Service Level Schedule table sets forth the Performance Indicators and their associated Service Levels. In performing the Services, the
County will use Commercially Reasonable Efforts to meet (or exceed) the Service Levels.
SERVICE LEVEL SCHEDULE
Service
Category
Performance
Indicator
Measurement Definition Measurement
Tool
Measurement
Frequency
Service Level
Contact
Handling
Phone Call
Average
Handle Time
Average Handle Time measures the average
amount of time it takes agents to complete a call,
including wrap time. Average Handle Time shall be
the amount of time, expressed in minutes,
determined by dividing (i) the cumulative length of all
inbound calls (as applicable) handled by agents, as
measured from the time a call is answered by the
agent until the time the call and associated after-call
work is completed (including hold time during the
call), by (ii) the total number of inbound calls (as
applicable) answered by agents.
ACD
Monthly 2013 Phone
AHT SLA:
General Inquiry
– 420 seconds;
Application
Enrollment –
1800 seconds;
Application
Quick Sort - 360
seconds;
Ongoing
Support – 480
seconds;
Schedule
Adherence
Schedule
Adherence
Percentage
Measures the percentage of tim e an agent is
actively logged into the ACD Queue compared to the
forecasted scheduled time the agent is supposed to
be logged into the ACD Queue.
ACD Monthly 97% schedule
adherence
Quality Quality
Monitoring
Quality Monitoring measures the quality of agent
interactions with consumers, including the accuracy
of information provided to consumers, adherence to
established procedures, the accuracy of data entry
NICE (or
equivalent
tool)
Monthly Quality
Monitoring
Average Score
of at least 91%
Agreement 12-E9053 Page 4 of 4
California Health Benefit Exchange/Contra Costa County
Exhibit F
(Public Entity Agreement)
Service
Category
Performance
Indicator
Measurement Definition Measurement
Tool
Measurement
Frequency
Service Level
into the systems based on an average of data
attributes and customer relations skills. The
Exchange shall monitor a minim um of ten (10) Agent
interactions per month. For each monitored call, the
Exchange shall complete a monitoring form that
rates the Agent’s performance. The Exchange shall
rate each Agent’s performance in a fair, accurate
and consistent manner. At the Exchange request,
from time to time, the parties shall conduct
calibration sessions in which a sampling of calls will
be jointly monitored and rated by the parties to
ensure consistency in the rating of Agent
performance. The average score received by each
Agent during the measurement period shall be
calculated and the sum of such average scores shall
be divided by the total number of Agent’s whose
calls were monitored and scored to produce an
overall Quality Monitoring AverageScore.
Quality Satisfaction
Tracking
Independent Survey measures the level of
consumer satisfaction in their interactions with the
Service Center at an agent level. Measures include
areas within the agent’s control such as courtesy,
understanding, knowledge, and problem resolution.
Surveys shall be administered to a random sample
of consumers who have had a recent contact with
the Service Center. Both State and County Service
Center agents will be measured by the same
Independent Survey. Survey measures may change
over time, based on the needs of the Exchange and
consumer population.
Independent
Survey
Evaluations
Monthly/Quarterly/
YTD
Customer
Satisfaction
Index (CSI)
score >= 87
Agreement 12-E9053 Page 1 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (this “Agreement”) dated _________, 2013, between the
California Health Benefit Exchange ("Covered Entity") and Contra Costa County (“Business
Associate”) is entered into in accordance with the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA"), as codified at 42 USCA §1320d-d8, and its implementing
regulations at 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Regulations"); and the Health
Information Technology for Economic and Clinical Health Act, enacted as part of the American
Recovery and Reinvestment Act of 2009, and its attendant regulations and guidance (the
"HITECH Act").
Purpose of the Agreement
Business Associate provides certain services on behalf of Covered Entity that require the
Covered Entity to disclose certain identifiable health information to Business Associate. The
parties desire to enter into this Agreement to permit Business Associate to have access to such
information and comply with the business associate requirements of HIPAA, the HIPAA
Regulations, and the HITECH Act, as each may be amended from time to time in accordance
with the terms and conditions set forth in this Agreement. The Parties (Business Associate and
Covered Entity) hereby agree as follows:
Definitions: Unless otherwise specified, in this Agreement, all capitalized terms used in this
Agreement not otherwise defined have the meaning established for the purposes of Title 45
parts 160 and 164 of the United States Code of Federal Regulations, as amended from time to
time, and the HITECH Act.
I. Business Associate Obligations.
1. Applicable Law. The terms and conditions set forth in this Agreement shall become
effective on the later of the effective date of this Agreement, April 14, 2003, or any
new mandatory compliance date established for HIPAA, the HIPAA Regulations
and/or the HITECH Act. The parties acknowledge and agree that the HIPAA
Regulations and HITECH Act may be amended and additional guidance and/or
regulations may be issued after the date of the execution of this Agreement and may
affect the parties’ obligations under this Agreement (“Future Directives”). The parties
agree to abide by such Future Directives as these Future Directives may affect the
obligations of the parties. If Future Directives affect the obligations of the parties,
then Covered Entity shall notify Business Associate of Future Directives in writing
within thirty (30) days before Future Directives are effective. The notification of
Business Associate by Covered Entity of Future Directives that affect the obligations
of the parties related to the Business Associate relationship shall be considered
amendments to this Agreement binding on both parties.
2. Permitted Uses and Disclosures. Business Associate shall not, and shall ensure
that its directors, officers, employees, contractors and agents do not, further use or
disclose patient individually identifiable health information (“Protected Health
Information” or “PHI”) received from or created for the Covered Entity in any manner
Agreement 12-E9053 Page 2 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
that would violate the HIPAA Regulations, HITECH Act or Future Directives.
Business Associate agrees to abide by the HIPAA Regulations with respect to the
use or disclosure of Protected Health Information it creates, receives from,
maintains, or electronically transmits for the Covered Entity as if the Business
Associate were considered a health care provider under the HIPAA Regulations.
Business Associate further agrees that it will not use or disclose Protected Health
Information beyond the purposes set forth in the Agreement. Except as otherwise
limited in this Agreement, Business Associate may use or disclose PHI to perform
functions, activities, or services for, or on behalf of, the Covered Entity as specified in
that certain Agreement between the parties, provided that such use or disclosure
would not violate HIPAA, the HIPAA Regulations or the HITECH Act if done by
Covered Entity or the minimum necessary policies and procedures of the Covered
Entity.
3. Compliance with Business Associate Agreement and HITECH Act. Effective
February 17, 2010, Business Associate may use and disclose PHI that is created or
received by Business Associate from or on behalf of Covered Entity if such use or
disclosure, respectively, complies with each applicable requirement of 45 C.F.R. §
164.504(e) and the HITECH Act. The additional requirements of Subtitle D of the
HITECH Act that relate to privacy and that apply to covered entities also will apply to
Business Associate and are incorporated into this Agreement by reference.
4. Use of PHI for Administrative Activities. Notwithstanding Section I.2 above,
Business Associate may use or disclose PHI for management and administrative
activities of Business Associate or to comply with the legal responsibilities of
Business Associate; provided, however, the disclosure or use must be required by
law or Business Associate must obtain reasonable assurances from the third party
that receives the Protected Health Information that they will (i) treat the Protected
Health Information confidentially and will only use or further disclose the Protected
Health Information in a manner consistent with the purposes that the Protected
Health Information was provided by Business Associate; and (ii) promptly report any
breach of the confidentiality of the Protected Health Information to Business
Associate. Provided further that, Business Associate will notify Covered Entity
immediately upon receipt of a request for any disclosure of PHI required by law.
5. Accounting. Business Associate agrees to document disclosures of PHI and collect
information related to such disclosures as would be required for Covered Entity to
respond to a request by an Individual for an accounting of disclosures of PHI in
accordance with 45 C.F.R. § 164.528 and, if required by and upon the effective date
of, Section 13405(c) of the HITECH Act and related regulatory guidance.
a) Business Associate agrees to provide to Covered Entity or an Individual
upon Covered Entity's request, information collected in accordance with this
Section, to permit Covered Entity to respond to a request by an Individual for an
accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528 and, if
required by and upon the effective date of, Section 13405(c) of the HITECH Act
and related regulatory guidance.
Agreement 12-E9053 Page 3 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
6. Restriction. Effective February 17, 2010, and notwithstanding 45 C.F.R.
§ 164.522(a)(1)(ii), Business Associate must comply with an Individual's request
under 45 C.F.R. § 164.522(a)(1)(i)(A) that Business Associate restrict the disclosure
of PHI of the Individual if (1) except as otherwise required by law, the disclosure is to
a health plan for purposes of carrying out payment or health care operations (and is
not for purposes of carrying out treatment); and (2) the PHI pertains solely to a health
care item or service for which the health care provider involved has been paid out of
pocket in full.
7. Fundraising. Any written fundraising communication occurring on or after February
17, 2010 that is a health care operation shall, in a clear and conspicuous manner
and consistent with guidance to be provided by the Secretary, provide an opportunity
for the recipient of the communications to elect not to receive any further such
communication. An election not to receive any further such communication shall be
treated as a revocation of authorization under Section 45 C.F.R. § 164.508.
However, no communication pursuant to this Section may be made by Business
Associate without prior written authorization by Covered Entity.
8. Sale of PHI. Upon the effective date of Section 13405(d) of the HITECH Act ,
Business Associate shall not directly or indirectly receive remuneration in exchange
for PHI that is created or received by Business Associate from or on behalf of
Covered Entity unless: (1) pursuant to an authorization by the Individual in
accordance with 45 C.F.R. §164.508 that includes a specification for whether the PHI
can be further exchanged for remuneration by the entity receiving PHI of that
Individual; or (2) as provided in Section 13405(d)(2) of the HITECH Act and
regulations to be issued by the Secretary, upon the effective date of such
regulations. However, in no instance may Business Associate receive remuneration
pursuant to this Section without Covered Entity's written authorization.
9. Marketing. A communication occurring on or after February 17, 2010 by Business
Associate that is described in the definition of marketing in 45 C.F.R. §164.501(1)(i),
(ii) or (iii) for which Covered Entity receives or has received direct or indirect payment
(excluding payment for treatment) in exchange for making such communication, shall
not be considered a health care operation unless: (1) such communication describes
only a drug or biologic that is currently being prescribed for the recipient of the
communication and any payment received in exchange for making such a
communication is reasonable in amount; or (2) the communication is made by
Business Associate on behalf of the Covered Entity and the communication is
otherwise consistent with this Agreement. However, no communication pursuant to
this Section may be made by Business Associate without prior written authorization
by Covered Entity.
10. Safeguarding the Privacy of PHI. Business Associate agrees that it shall utilize
physical, administrative and technical safeguards to ensure that PHI is not used or
disclosed in any manner inconsistent with this Agreement or the purposes for which
Business Associate received PHI from or created PHI for the Covered Entity.
Business Associate further agrees to implement administrative, physical and
technical safeguards that reasonably and appropriately protect the confidentiality,
Agreement 12-E9053 Page 4 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
integrity and availability of any PHI that Business Associate creates, receives,
maintains or transmits electronically on behalf of Covered Entity under the
Agreement. Upon request, Business Associate shall provide the Covered Entity with
a written description of the physical, administrative and technical safeguards adopted
by Business Associate to meet its obligations under this Section.
11. Security Safeguards. Business Associate acknowledges that, effective February
17, 2010, 45 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 will apply to
Business Associate in the same manner that such sections apply to covered entities
and are incorporated into this Agreement by reference. The additional requirements
of the HITECH Act that relate to security and that apply to covered entities also will
apply to Business Associate and are incorporated into this Agreement by reference.
Business Associate agrees to implement the technical safeguards provided in
guidance issued annually by the Secretary for carrying out the obligations under the
Code of Federal Regulation sections cited in this Section and the security standards
in Subpart C of Part 164 of Title 45 of the Code of Federal Regulations.
12. Breach Notification. Business Associate agrees to implement response programs
and record-keeping systems to enable Business Associate to comply with the
requirements of this Section and 13402 of the HITECH Act and the regulations
implementing such provisions, currently Subpart D of Part 164 of Title 45 of the Code
of Federal Regulations, when Business Associate detects or becomes aware of
unauthorized access to information systems or documents that contain PHI.
Business Associate agrees to mitigate any effects of the inappropriate use or
disclosure of PHI by Business Associate.
a) Business Associate agrees to notify Covered Entity, by facsimile or
telephone, of any breach or suspected breach of its security related to areas,
locations, systems, documents or electronic systems which contain unsecured
PHI, including, without limitation, any Security Incident, instance of theft, fraud,
deception, malfeasance, or use, access or disclosure of PHI which is inconsistent
with the terms of this Agreement (an "Incident") immediately upon having reason
to suspect that an Incident may have occurred, and typically prior to beginning
the process of verifying that an Incident has occurred or determining the scope of
any such Incident, and regardless of the potential risk of harm posed by the
Incident. Notice shall be provided to the Covered Entity’s representative
designated in this Agreement. Upon discovery of a breach or suspected
Incident, Business Associate shall take:
i. Prompt corrective action to mitigate any risks or damages involved with
the breach and to protect the operating environment; and
ii. Any action pertaining to such unauthorized disclosure required by
applicable Federal and State laws and regulations.
b) In the event of any such Incident, Business Associate shall further provide
to Covered Entity, in writing, such details concerning the Incident as Covered
Entity may request, and shall cooperate with Covered Entity, its regulators and law
Agreement 12-E9053 Page 5 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
enforcement to assist in regaining possession of such unsecured PHI and prevent
its further unauthorized use, and take any necessary remedial actions as may be
required by Covered Entity to prevent other or further Incidents.
c) If Covered Entity determines that it may need to notify any Individual(s) as
a result of such Incident that is attributable to Business Associate's breach of its
obligations under this Agreement, Business Associate shall bear all reasonable
direct and indirect costs associated with such determination including, without
limitation, the costs associated with providing notification to the affected
Individuals, providing fraud monitoring or other services to affected Individuals and
any forensic analysis required to determine the scope of the Incident.
d) In addition, Business Associate agrees to update the notice provided to
Covered Entity under Section 12(a) of this Agreement of such Incident to include,
to the extent possible and as soon as possible working in cooperation with
Covered Entity, the identification of each Individual whose unsecured PHI has
been, or is reasonably believed by Business Associate to have been accessed,
acquired, used or disclosed during the Incident and any of the following
information Covered Entity is required to include in its notice to the Individual
pursuant to 45 C.F.R. §164.404(c):
i. A brief description of what happened, including the date of the Incident
and the date of discovery of the Incident, if known;
ii. A description of the types of unsecured PHI that were involved in the
Incident (e.g. Social Security number, full name, date of birth, address,
diagnosis);
iii. Any steps the Individual should take to protect themselves from potential
harm resulting from the Incident;
iv. A brief description of what is being done to investigate the Incident,
mitigate the harm and protect against future Incidents; and
v. Contact procedures for Individuals to ask questions or learn additional
information which shall include a toll-free number, an e-mail address, Web
site, or postal address (provided, Subsection v is only applicable if Covered
Entity specifically requests Business Associate to establish contact
procedures).
e) Such additional information must be submitted to Covered Entity
immediately at the time the information becomes available to Business Associate.
f) If the cause of a breach of PHI is attributable to Business Associate or its
agents, subcontractors or vendors, Business Associate is responsible for all
required reporting of the breach as specified in 42 U.S.C. section 17932 and its
implementing regulations, including, without limitation, notification to media outlets
and to the Secretary of the Department of Health & Human Services. If a breach
Agreement 12-E9053 Page 6 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
of unsecured PHI involves more than 500 residents of the State of California or its
jurisdiction, Business Associate shall notify the Secretary of the breach
immediately upon discovery of the breach. If Business Associate has reason to
believe that duplicate reporting of the same breach or incident may occur because
its subcontractors, agents or vendors may report the breach or incident to Covered
Entity in addition to Business Associate, Business Associate shall notify Covered
Entity, and Covered Entity and Business Associate may take appropriate action to
prevent duplicate reporting.
13. Subcontractors and Agents of Business Associate. Business Associate agrees
to enter into written contracts with any of its agents or independent contractors
(collectively, "subcontractors") who receive PHI from Business Associate or create,
maintain, or transmit electronically, PHI on behalf of the Covered Entity, as a
subcontractor to Business Associate, and such contracts shall obligate Business
Associate’s subcontractors to abide by the same conditions and terms as are
required of Business Associate under this Agreement. Upon request, Business
Associate shall provide the Covered Entity with a copy of any written agreement or
contract entered into by Business Associate and its subcontractors to meet the
obligations of Business Associate under this Section.
a) Business Associate shall, upon knowledge of a material breach by a
subcontractor of the subcontractor's obligations under its contract with Business
Associate, either notify such subcontractor of such breach and provide an
opportunity for subcontractor to cure the breach; or, in the event subcontractor
fails to cure such breach or cure is not possible, Business Associate shall
immediately terminate the contract with subcontractor.
b) To the extent that any of Business Associate’s subcontractors will have
access to any PHI that is created, maintained or transmitted electronically,
Business Associate shall require such agents and subcontractors to agree to
implement reasonable and appropriate safeguards to protect such electronic PHI.
14. Availability of Information to Covered Entity and Individuals. Business Associate
agrees to provide access and information:
a) Business Associate shall provide access as may be required, and in the time
and manner designated by Covered Entity (upon reasonable notice and
during Business Associate’s normal business hours) to PHI in a Designated
Record Set, to Covered Entity (or, as directed by Covered Entity), to an
Individual, in accordance with 45 CFR section 164.524. Designated Record
Set means the group of records maintained for Covered Entity that includes
medical, dental and billing records about individuals; enrollment, payment,
claims adjudication, and case or medical management systems maintained
for Covered Entity health plans; or those records used to make decisions
about individuals on behalf of Covered Entity. Business Associate shall use
the forms and processes developed by Covered Entity for this purpose and
shall respond to requests for access to records transmitted by Covered Entity
Agreement 12-E9053 Page 7 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
within fifteen (15) calendar days of receipt of the request by producing the
records or verifying that there are none.
b) If Business Associate maintains an Electronic Health Record with PHI, and
an individual requests a copy of such information in an electronic format,
Business Associate shall provide such information in an electronic format to
enable Covered Entity to fulfill its obligations under the HITECH Act, including
but not limited to, 42 U.S.C. section 17935(e).
c) If Business Associate receives data from Covered Entity that was provided to
Covered Entity by the Social Security Administration, upon request by
Covered Entity, Business Associate shall provide Covered Entity with a list of
all employees, contractors and agents who have access to the Social
Security data, including employees, contractors and agents of its
subcontractors and agents.
15. Access by Covered Entity and Secretary of Health & Human Services.
Business Associate agrees to allow Covered Entity and the Secretary of the
Department of Health & Human Services access to its books, records and internal
practices with respect to the disclosure of PHI for the purposes of determining the
Business Associate’s compliance with the HIPAA Privacy Regulations. If Business
Associate is the subject of an audit, compliance review, or complaint investigation by
the Secretary or the Office of Civil Rights, U.S. Department of Health and Human
Services, that is related to the performance of its obligations pursuant to this HIPAA
Business Associate Agreement, Business Associate shall notify Covered Entity and
provide Covered Entity with a copy of any PHI that Business Associate provides to
the Secretary or the Office of Civil Rights concurrently with providing such PHI to the
Secretary. Business Associate is responsible for any civil penalties assessed due to
an audit or investigation of Business Associate, in accordance with 42 U.S.C. section
17934(c).
II. Termination of Ag reement.
1. Termination Upon Material Breach. The Covered Entity may, in its sole discretion,
terminate the Agreement, including this Agreement, upon determining that Business
Associate violated a material term of this Agreement. If the Covered Entity makes
such a determination, it shall inform Business Associate in writing that the Covered
Entity is exercising its right to terminate this Agreement under this Section II.1 and
such termination shall take effect immediately upon Business Associate receiving
such notification of termination.
2. Reasonable Steps to Cure Material Breach. At the Covered Entity’s sole option,
the Covered Entity may, upon written notice to Business Associate, allow Business
Associate an opportunity to take prompt and reasonable steps to cure any violation
of any material term of this Agreement to the complete satisfaction of the Covered
Entity within ten (10) days of the date of written notice to Business Associate.
Business Associate shall submit written documentation acceptable to the Covered
Entity of the steps taken by Business Associate to cure any material violation. If
Agreement 12-E9053 Page 8 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
Business Associate fails to cure a material breach within the specified time period,
then the Covered Entity shall be entitled to terminate this Agreement under Section
II.1 above, if feasible, or, if it is not feasible to terminate this Agreement, to report
Business Associate’s material breach to the Secretary of the Department of Health
and Human Services.
3. Amendment. Covered Entity may terminate this Agreement upon thirty (30) days
written notice in the event (i) Business Associate does not promptly enter into
negotiations to amend this Agreement when requested by Covered Entity pursuant
to Section VI of this Agreement, or (ii) Business Associate does not enter into an
amendment to this Agreement providing assurances regarding the safeguarding of
PHI that Covered Entity, in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA Regulations and/or the HITECH
Act.
4. Return of PHI to Covered Entity Upon Termination. Upon termination of the
Agreement for any reason, Business Associate shall return all PHI to the Covered
Entity. The Covered Entity may request in writing that Business Associate destroy all
PHI upon termination of this Agreement rather that returning PHI to the Covered
Entity. If the return or destruction of PHI is not feasible upon termination of the
Agreement, then Business Associate shall explain in writing, directed to the Covered
Entity’s Chief Privacy Officer, why such return or destruction is not feasible. If such
return or destruction is not feasible, then Business Associate agrees that it shall
extend its obligations under this Agreement to protect the PHI and limit the use or
disclosure of PHI to the purposes, which make return or destruction of PHI infeasible.
III. Conflicts. The terms and conditions of this Agreement will override and control over
any conflicting term or condition of other agreements between the parties. All non-conflicting
terms and conditions of such agreements shall remain in full force and effect.
IV. No Third-Party Beneficiary Rights. Nothing express or implied in this Agreement is
intended or shall be interpreted to create or confer any rights, remedies, obligations or liabilities
whatsoever in any third party.
V. Notice. Except as otherwise provided in Section I.12(a), any notice permitted or
required by this Agreement will be considered made on the date personally delivered in writing
or mailed by certified mail, postage prepaid, to the other party at the address set forth in the
execution portion of this Agreement.
VI. Amendment. The Parties agree to take such action as is necessary to implement the
standards, requirements, and regulations of HIPAA, the HIPAA Regulations, the HITECH Act,
and other applicable laws relating to the security or confidentiality of health information. Upon
Covered Entity's request, Business Associate agrees to promptly enter into negotiations with
Covered Entity concerning the terms of any amendment to the Agreement consistent with the
standards, requirements and regulations of HIPAA, the HIPAA Regulations, the HITECH Act or
other applicable laws.
VII. Relationship of the Parties. The Parties hereto acknowledge that Business Associate
Agreement 12-E9053 Page 9 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
shall be and have the status of independent contractor in the performance of its obligations
under the terms of this Agreement as to Covered Entity. Nothing in this Agreement shall be
deemed or construed to create a joint venture or partnership between Covered Entity and
Business Associate.
VIII. Indemnification.
1. Indemnification by Business Associate. Business Associate shall protect,
indemnify and hold harmless the Covered Entity, its officers and employees from all
claims, suits, actions, attorney’s fees, costs, expenses, damages, judgments or
decrees arising out of the failure by Business Associate to comply with the
requirements of this Agreement, the Privacy Regulations and all Future Directives;
provided however that such indemnification shall be conditioned upon the Covered
Entity giving prompt notice of any claims to Business Associate after discovery
thereof and cooperating fully with Business Associate concerning the defense and
settlement of claims.
IX. Miscellaneous.
1. Exception to Limitations and Exclusions. Business Associate's obligations
under this Agreement and any breach by Business Associate of the obligations in
this Agreement shall not be subject to any limitations on damages suffered by
Covered Entity that may be specified in any agreement, invoice, statement of work
or similar document setting forth the services Business Associate is providing to
Covered Entity ("Contract"). No limitation or exclusion in any Contract shall limit
Covered Entity's rights to recover from Business Associate damages, losses or
sanctions suffered by Covered Entity to the extent of amounts recovered by, or
sanctions awarded to, a third party which are caused by Business Associate's
breach of the obligations in this Agreement, regardless of how such amounts or
sanctions awarded to such third party are characterized.
2. Assistance in Litigation or Administrative Proceedings. Business Associate
shall make itself and any subcontractors, employees or agents assisting Business
Associate in the performance of its obligations under this Agreement, available to
Covered Entity at no cost to Covered Entity to testify as witnesses, or otherwise, in
the event of litigation or administrative proceedings being commenced against
Covered Entity, its directors, officers or employees based upon claimed violation of
HIPAA, the HIPAA regulations or other laws relating to security and privacy, which
involves inactions or actions by the Business Associate, except where Business
Associate or its subcontractor, employee or agent is a named adverse party.
3. Modification. This Agreement contains the entire understanding of the parties
regarding the privacy and security obligations of Business Associate under HIPAA
and will be modified only by a written document signed by each party.
4. Waiver. The waiver by Business Associate or Covered Entity of a breach of this
Agreement will not operate as a waiver of any subsequent breach. No delay in
Agreement 12-E9053 Page 10 of 10
California Health Benefit Exchange/Contra Costa County
Exhibit G
(Public Entity Agreement)
acting with regard to any breach of this Agreement will be construed to be a waiver
of the breach.
5. Assignment. This Agreement will not be assigned by Business Associate without
prior written consent of the Covered Entity. This Agreement will be for the benefit
of, and binding upon, the parties hereto and their respective successors and
permitted assigns.
6. Interpretation. The terms and conditions in this Agreement shall be interpreted as
broadly as necessary to implement and comply with HIPAA, the HITECH Act, the
HIPAA regulations and applicable state laws. The parties agree that any ambiguity
in the terms and conditions of this Agreement shall be resolved in favor of a
meaning that complies and is consistent with HIPAA, the HITECH Act and the
HIPAA regulations.
7. Governing Law. The interpretation and enforcement of this Agreement will be
governed by the laws of the State of California. Exclusive venue shall be in
Sacramento County, California.
8. Headings. The section headings contained in this Agreement are for reference
purposes only and will not affect the meaning of this Agreement.
9. Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original, but all of which together will constitute one and
the same.
IN WITNESS WHEREOF, Covered Entity and Business Associate execute this Agreement to be
effective on the last date written below, or, if no date is inserted, the Execution Date of the other
Agreement referenced above.
COVERED ENTITY: The California Health
Benefit Exchange
By:
Printed Name: David Maxwell-Jolly
Title: Chief Deputy Executive Director,
Strategy
Date:
BUSINESS ASSOCIATE: Contra Costa County
By:
Printed Name: Federal D. Glover
Title: Chair, Contra Costa County Board of
Supervisors
Date:
Notice Address: 560 J Street, Suite 290,
Sacramento, CA 95814
Telephone: (916) 323-3625
Fax: (916) 323-3564
E-mail: David.Maxwell-Jolly@hbex.ca.gov
Notice Address: 40 Douglas Drive, Martinez, CA
94533
Telephone: (925) 313-1579
Fax: (925) 313-1575
E-mail: Kathy.gallagher@ehsd.cccounty.us
Community Comparison
Demographic Profiles (2010/11)
Richmond Concord California
Population Estimate
105,380 124,055 37,683,933
White Population
31.4% 64.5% 57.6%
African American Population
26.6% 3.6% 6.2%
Asian Population
13.5% 11.1% 13%
High School Graduate or Higher (persons aged 25+)
78.4% 87.3% 80.8%
Education- Bachelor’s Degree or Higher (persons aged 25+)
26.6% 31% 30.2%
Median Household Income
$54,554 $65,769 $61,632
Persons Below Poverty Level
17.5% 11.2% 14.4%
Total Foreclosures from 2005-June 2012 within a 10 mile radius from proposed site
10,289 12,692 N/A
Source: US Census Bureau State & County QuickFacts
Unemployment Rates
Richmond Concord Contra Costa County
December 2012
13.3% 8.9% 8.2%
2012 Average
14.6% 9.8% 8.9%
2011 Average
16.8% 11.3% 10.5%
2010 Average
18.1% 12.3% 11.4%
Source: Workforce Development Board of Contra Costa County/December from EDD website
CalWORKs Clients
Richmond Concord
CalWORKs Approved and Pending Cases
875 580
Population Density Per Square Mile
6,304 3,587
Population Density : Number of CalWORKs Approved Clients
13.8% 16.1%
Clients Speaking English as a Primary Language
82% 57%
Clients Speaking Spanish as a Primary Language
17% 40%
Source: Contra Costa County Employment and Human Services Department
Childcare Sites
Richmond Concord
Total Slots
992 1,069
*84% of the slots in Richmond and 40% of slots in Concord are Head Start slots serving only
children 5 years of age and younger.
*Head Start slots are federally mandated to be 100% filled at all times. As a result of the
movement of the five (5) year old students into the formal education system, slot availability
does increase between the months of June and September yearly. There are waiting lists for Head
Start placements and immediate access is not typically available.
Richmond Area
Head Start Centers
Age
Groups
Served # of Slots
Concord Area
Head Start Centers
Age
Groups
Served
# of
Slots
Balboa 0 to 5 177 George Miller Concord 0 to 5 131
Brookside 3 to 5 128 Cambridge - Parkhaven 3 to 5 32
Crescent Park 3 to 5 84 Cambridge - Lacey Lane 3 to 5 40
GM III 3 to 5 200 Crossroads 0 to 3 20
Las Deltas 0 to 5 34 Concord Child Care 0 to 5 48
Verde 3 to 5 80 Martinez Early Childhood 0 to 5 64
Cameron 0 to 3 14 We Care 3 to 5 48
Richmond College Prep 3 to 5 48 Martinez Early Childhood 3 to 5 40
Lincoln 3 to 5 18
YMCA - Richmond CDC 3 to 5 20
YMCA - Richmond High 0 to 3 35
11 Centers 838 8 Centers 423
Child Care Council / PACE-App
Richmond Concord
Number of Centers
62 41
# that Serve Children Ages 0-2
9 22
# that Serve Children Ages 2-5
37 37
# that Serve Children 2-12
30 32
Source: Child Care Council of Contra Costa County and Community Service Bureau of the Department of
Employment and Human Services (Head Start Provider)
Public Transportation
1450 Marina Way, Richmond 2500 Bates Ave., Concord
Bus Agency
AC Transit County Connection
Route
74 28
Nearest Bart Station
Richmond North Concord/Martinez
Miles from Bart to Location
2.5 1.25
Walking time from Bart to Location
37 minutes 19 minutes
Frequency of Bus Agency to Bart- Weekdays
24 trips / every 43 minutes 12 trips / every 76 minutes
Frequency of Bus Agency to Bart- Weekends
22 trips / every 38 minutes No service
Miles from Location to Closest Bus Stop
1/2 mile 1/10 mile
Walking Time from Location to Closest Bus Stop
8 minutes 2 minutes
Frequency of Bus Agency to Closest Bus Stop Weekdays
24 trips / every 43 minutes 12 trips / every 76 minutes
Frequency of Bus Agency to Closest Bus Stop- Weekends
22 trips / every 38 minutes No service
Bus Agency Hours of Operation to Closest Bus Stop- Weekdays
6:54am – 10:15pm 6:47am – 8:46pm
Bus Agency Hours of Operation to Closest Bus Stop- Weekends
7:45am – 8:06pm No Service
Source: AC Transit, County Connection, and BART