HomeMy WebLinkAboutMINUTES - 10271998 - C50-C54 TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director •� ;
By: Ginger Marieiro, Contracts Administrator Contra
Costa
DATE: October 13, 1998 County
SUBJECT: Approval of Medical Specialist Contract #27-343-1 with
Dennis Osborne, DPM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RSC OIOR{Sl :
Approve and authorize the Health Services Director, or his designee
(Milt Camhi) to execute on behalf of they County, Contract #27-343-1
with Dennis Osborne, DPM, for the period from december 1, 1998
through November 30, 1999, for the provision of professional health
care services for the Contra Costa Health Plan, to be paid in
accordance with the rates provided in the Medi--Cal Schedule of
Maximum Allowances in effect on the date services are rendered.
FISCAL >�MACT`
This Contract is funded by Contra Costa health. Plan member premiums.
Costs 'depend upon utilization. As appropriate, ' patients and/or
third party payors will be billed for services.
BACKgRO A C'N 8 FOR ECO A_TIAltiT S :
On December 16, 1998, the Board of Supervisors approved Medical.
Speci
To: BOARD OF SUPERV)SQRS
FROM: William Walker,' M.D. , Health Services Director
By: Ginger Marieiro, Contracts Administrator Contra
. .
Costa
DATE: October 15, 1998 County
SUBJECT: Approval of Contract ,f24--975 with Recovery Management Services
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
R1gQ =T1.QN }
.Approve and authorize the Health Services Director or his designee
(Donna Wigand) to execute on behalf of the County, Contract #24-975
wi
centra Costa County iruutuGx tar-y
Standind Form 1I87 STANDARD CONTRACT A Fund/Org # 94
(Purchase of Services) Account #. 2320
1. Contract Identification.
Other #
Department: Health Services - Mental Health Division
Subject: Dual Diagnosis Residential Services for Individuals vhb are Seriously and•'
Persistantly Mentally Ill
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: RECOVERY MANAGEMENT SERVICES
Capacity: Non-profit Corporation Taxpayer ID # _-Not- koplicable
Address: 2449 Pacheco Street, Concord, California 94520
3. Term. The effective date of this Contract is September 1. 1-928.-., and it terminates
June 30_, -1,999 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $195.000.
5. County's Oblizations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Pro ect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
County's current Mental Health Services Performance Contract #24-469 with the State
Dept. of Health Services, and any modifications or renewals thereof, which is on file
in the office of the County's Mental Health Director, and incorporated herein by
reference.
9. Legal Authority. This Contract is entered into under and subject* to the following
legal authorities: California Government Cade §§ 26227 and 31000.
10. Siznatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF S VISORS ATTEST: Phil; Batchelor, Clark of the Board
of Supervisors and County Administrator
A
By By
/I3es igne }
CONTRACTOR Rep
B BY
1 Q v1ti s
(Designate busliness capacity A) ( signate business capacity B)
Note to Ccmtraetor: For corporations (profit or nonprofit), the contract mist be signed b7 two officers. Suture A must be ;
that of the president or vice-president and Signature 8 must be that of the secretes' or assistant secretary (Civil Code 51190
and Corporations Code 5313). Al2 signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(tay.1/95)
i..
APPROVALS/ACKNOWLEDGMENT
Number 24-975
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By
Designee
APPROVED: COUNTY ADMINISTRATOR
By:
• D
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA ) \
On �t3-- 2—�1 , before mer-- V "Q,�� j Cay ° �•a i V.
(insert name and title of the officer), personally appearediL\ZED
�1 <--Oh o\,,N N-vg,I- w
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
islare subscribed to the within instrument and acknowledged to me that he/she/they exe=ted the same in
his/'her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument. • -. „
WITNESS MY.HAND AND OFFICIAL SEAL. r
U , .. Harvey Jay HOChhauser'
COMM.91175257
+"• NOTARY PUHl.1C-CALIFORNIA
CONTRA COs7A COUNTY()
gn
Siature COMM.ARAR.3"�' 2
AMNOWLE 713MENr for Carpwdw,r*evm,*,at 1z*rWv9
............_. ..
....................
Contra Costa County PAYMENT PROVI81ON8 standard Foran 6/90
(Fee Basis Contracts) Number---24-975
1. payment Amounts. Sublect to the Payment Limit of this Contract
and subject to the following Payment Provisions, County will pay
Contractor the following fee as full compensation for all
services, work, expenses or costs provided or incurred by
Contractor: [Check one alternative only. )
[ a. $ monthly;
[ b. $ per unit, as defined in the Service Plan;
[ ] c. $ after :ompletion of all obligations and conditions
. 'herein, or
(S] d. $19.500 per month, for provision of mental 'health dual
diagnosis residential services, as set forth in Service
Plan, Paragraph I. (Service Specifications) .
2. Payment Demands. Contractor shall submit written demands. . Said
demands shall be made on County Demand Form D-15 and in the
manner and form prescribed by County. Contractor shall submit
said demands for payment no later than 30 days from the end of
the month in which the contract services upon which such demand
is based were actually rendered. Upon approval of said payment
demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as
specified in Paragraph 1. (Payment Amounts) above.
3 . Penalty for Late Submission. When Contractor fails to submit to
County a timely demand for payment as specified in Paragraph 2.
(Payment Demands) above, and as a result of Contractor's late
submission the County is unable to obtain reimbursement from the
`State of California or otherwise; to the extent the County's
recovery of funding is prejudiced, County shall not pay
Contractor for such services, even though such services were
fully provided.
4. Right to Withhold. County has the right to withhold payment to
the Contractor when, in the opinion of the County expressed in
writing to the Contractor, (a) the Contractor's performance, in
whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected,
failed or refused to furnish information or to cooperate with any
inspection, review or audit of its program, work or records, or
(c) Contractor has failed to sufficiently itemize or document its
demand(s) for payment.
Initials:
Contractor County Dept.
1 -
e -,%
contra Costa county PAYMENT PROVISIONS Standard Farm 6/90
(Fee Basis Contracts) _ Number 24. 975
5. Financial Statement •.and. Cost Report. Contractor shall prepare,
in the form And manner required by County and the State
Department of Mental Health, a financial statement', and a cost
report verifying the total number of service units actually
provided and covering the costs that are actually incurred in the
provision of services under this Contract. Contractor shall have
the financial statement and the cost report reviewed and verified
by an independent Certified Public Accountant and shall submit
said financial statement and cost report, together with the
Certified Public Accountant's verification, to County not later
than 75 days following the_ termination of this - Contract, -
whichever comes first. The financial statement and -cost report
are required for information only and shall not be used by County
to adjust payments made to Contractor during the term of this
Contract.
6. Audits. County may audit Contractor's billing for, and provision
of, services under this Contract, at any time with fourteen (14)
.3. day advance written notice. County shall conduct its financial
• audits in accordance with generally accepted audit standards and
shall limit such audits to verification that the services billed
by Contractor were actually provided to County clients.
Contractor shall provide County with on-site access to all
appropriate documents, records, and other supportinginformation
and services under this Contract.
7 . Audit Exceptions. Contractor agrees to accept responsibility for
receiving, replying to, and/or complying with , any audit
exceptions by appropriate County, State or Federal audit agencies
occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within' 30 days of
demand by County the full amount of the County's obligation, if
any, to the State and/or Federal government resulting from any
audit exceptions, to the extent such are attributable to the
Contractor' s failure to perform properly any of its obligations
under this Contract.
Initials:
Contractor County Dept.
2
_._. _...._. ......... ......... ....._... ...._.. __. ..._.._.
..... ........ .......... ..._..... ........ ....... ......._.. ......... ....__......._......__.. ..._..... . _. ..
SERVICE LlN Number: 4-975
1. Scone of Services. Contractor shall provide dual diagnosis residential services to
residents of Contra Costa.County who are severely and persistently mentally ill and shall,
at all times, provide guaranteed access and service availability for Fifteen (15) beds for
use by County-authorized clients at its facility known as Brighter Future located at 2025
Port Chicago Highway, Concord. Contractor's programs shall be carried out as set forth
in the Work Plan for this Contract, which is incorporated herein by reference, a copy of
which is on file in the office of the County's Mental Health Director, and a copy of which
County has furnished to Contractor. Contractor shall make its Admissions and Service
Delivery Policies, which are incorporated herein by reference, available to the public for
inspection.
2. Prior Authorization for Admission. Contractor shall obtain prior authorization from County
before admitting any patient to its treatment program. -County shall appoint a County
Liaison who shall provide Contractor with a completed authorization form prior to each
patient admission. A patient may be admitted without a completed authorization form on
the basis of verbal authorization from County's Liaison by mutual consent of County and
Contractor provided County supplies Contractor with a completed form within three (3) days
from the date of admission.
3. Reports. Contractor shall submit to County, ,with its Demand for payment set forth in
.z, Payment Provisions Paragraph 2. (Payment Demands), a written report, in the form and manner
required by County, indicating the number of clients who received services during the month
for which Contractor is billing.
4. Program Monitoring. Upon County's request, Contractor shall make available to County's
Mental Health Director or her designee (Program Chief for Adult/Older Adult Services) for
review all records and material relevant to the documentation of provision of services
under this Contract. In addition, Contractor shall meet regularly with County's Mental
Health Director or her designee in a time, place, and manner required by the County, and
shall assist said Mental Health Director or her designee in conducting site visits as
requested.
5. Clearances for Ph sicians and Clinical Psychologists. Prior to hiring as an employee,
contracting with, or otherwise procuring the services of any physician or licensed
psychologist to provide services under this Contract, Contractor shall make a formal
inquiry to the Medical Board of California (MBC) pursuant to § 805.5 of the California
Business and Professions Code in order to determine whether such provider has been denied
staff privileges, been removed from any medical staff, or had his/her medical staff
privileges or license suspended, revoked, or restricted in any way.
Further, Contractor shall make such inquiry to MBC for all physicians and licensed
psychologist currently employed by or under contract with Contractor, if Contractor intends
to utilize the services 'bf that provider to provide services under this contract and if
Contractor has not made such inquiry on that provider within the last 60 days. Should
Contractor receive a report from MBC which includes any of the above-listed occurrences
(hereafter referred to as an "adverse report") and Contractor still desires to use that
provider to ,provide services under this contract, Contractor shall provide a copy of the
report to County's Health Services Director, or his designee, within 10 working days after
receipt of the adverse report.
After receiving an adverse report, County may decide, in its sole discretion, that said
provider will not be permitted to provide services under this contract. If such a
determination is made, County shall provide written notice to that effect to Contractor,
and Contractor shall immediately stop utilizing the services of that provider to provide
services under this Contract.
Initials: .
Contractor County Dept.
SPECIM CONDITIONS
Number__24-275
1. Third-Party Payment Liability. Contractor shall be solely responsible .for any
payments due from Contractor to third parties or for any liabilities, obligations,
or commitments of Contractor arising from Contractor's performance of this Contract,
including, but not limited to, any payments that Contractor may owe to contractors
or other suppliers for goads and services received by Contractor in the operating,
equipping, altering, remodeling, renovating, or repairing of Contractor's program and
facilities established under this Contract. In no event shall County be responsible
for any payments due from Contractor to third parties or for any liabilities,
obligations, or commitments of Contractor arising from Contractor's performance of
this Contract.
2. Adjustments for Erroneous Demands and PA33ents.
a. If any payments are demanded by Contractor in violation of the terms of this
Contract (including all applicable statutes, regulations, guidelines,
bulletins, and circulars) , or if County determines that any payment amounts
received by Contractor are erroneous or otherwise invalid, County may deduct
the amount of such erroneous payments from payments otherwise payable to
Contractor in order to recover any such amount erroneously paid in the current
.a or preceding fiscal years.
No such action taken by County shall entitle Contractor to reduce program
operations or salaries, wages, fringe benefits, or services for any program
participant, or client, including Contractor's staff. Any such reduction in
services may be deemed sufficient cause for termination of this Contract.
Within thirty (30) days of request by County, Contractor shah. reimburse County
for any such erroneous payments which are in violation of this Contract.
b. Contractor shall indemnify County fully and completely for any repayment of
funds made by the County to the State or Federal governments after it has been
determined that such repayment is required from the County due to erroneous,
unauthorized or illegal payment demands by Contractor. The State or Federal
government's determination as to the necessity for any such repayment shall be
conclusive as between County and Contractor.
3. Financial Statement aid Cost ReRort. Paragraph 5. (Financial Statement and Cost
Report) of the Payment Provisions is hereby deleted in its entirety and replaced with
a new paragraph to read as follows:
"S. Financial, Statement and Cost Rettort.
a. Due Date and Procedure. Contractor shall prepare, in the form and manner
required by County, a financial statement and a cost report verifying the
total number of service units actually provided and coveting the costs that
are actually incurred in the provision of services under this Contract.
Contractor shall have the financial statement and the cost report reviewed
and verified by an independent Certified Public Accountant and shall submit
said financial statement and cost report, together with the Certified
Public Accountant's verification, to County not later than 75 days
following the expiration or termination of this Contract, whichever comes
first. The financial statement and cost report are required for
Initials:
Contractor County Dept.
- l
SPECIAL CONDITIONS
Number 24-975
information only and shall not be used by County to adjust payments made
to Contractor during the term of this Contract.
b. Penalty for Late Submission of Financial Statement and Cost Re-port. In the
event Contractor fails to submit an accurate and complete financial
statement and cost report within seventy-five (75) days following the
expiration or termination of this Contract, whichever comes first.,
Contractor shall pay to County a Late Penalty in the amount of One Hundred
Dollars ($100) per day for each calendar day that the financial statement
and cost report is late. The Late Penalty shall commence on the seventy-
sixth (76th) day following the expiration date or the termination date of
the Contract.• - If Contractor does net submit an- accurate and complete
financial statement and cost report by the one' hundred and twentieth
(120th) day, Contractor shall pay to County, upon demand, all amounts
covered by the outstanding_ financial statement and cost report and paid by
County ta Contractor in the fiscal year for which the financial statement
and cost report is outstanding.
c. Annual Audits. In the event Contractor fails to submit an accurate and
complete audit(s) within 180 days following the expiration or termination
of this Contract, whichever comes first, in the form and manner required
by County, all payments due to Contractor under this, or any other
Contracts between Contractor and County for its Health Services Department,
will be suspended until the required audit(s) has been submitted to County.
Upon approval of Contractor's audit(s) by the Health Services Director, or
designee, County will resume any payments due to Contractor under the terms
of the Contract(s) , less any outstanding late cost report submission
penalties as set forth in subparagraph b. , above.
d. Penalty waiver. Penalties pursuant to subparagraph b. above, may for good
cause be waived, either in part or in their entirety, at the sole
discretion of the Health Services Director or his designee. Penalties
pursuant to subparagraph c. above, may for good cause be waived, either in
part or in their entirety, at the sole discretion of the County
Administrator or his designee."
4. Insurance Recuirements. Paragraph 19. (Insurance) of the General Conditions is
hereby modified by the addition of a subparagraph e. to read as follows:
"e. Professional Liability Insurance. Contractor shall provide and keep in effect
a policy or policies of professional liability insurance including coverage
against errors and omissions (malpractice) with a minimum coverage limit of
$1,000,000 per occurrencef$3,000,000 annual aggregate for all damages resulting
from professional services provided by Contractor. Not later than the
effective date of this Contract, Contractor shall provide County with a
certificate(s) of insurance evidencing the above liability insurance.
Contractor shall provide County with new certificates of insurance if there is
any change in coverage. "
Initials:
Contractor County Dept.
2
__. .... ......... _.._..._....1.11.1_. _ ......... ..._._... ......... .... ............
.. _ _..... ........ ........ ....._ ......... ....... .......................................................
GENERAL CONDITIONS ' `
(Purchase of Services)
1. Compliance with Law. Contractor shadbe subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not limited to,
licensing, employment and purchasing practices; and wages, hours and conditions of employment, including
nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are
subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of
California, and the United States Government.
3. Records. Contractor shall keep and crake available for inspection and t;oyina by authorized
representatives of the County, the State of California, and the United States Government, the Contractor's regular
business records and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five-years from the date of submission of Contractor's final payment demand or final Cost Report„ for any
further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for
this contract's funding period. Upon request, Contractor shall make these records available to authorized
arepresentatives of the County, the State of California, and the United States Government.
b. Access to Book and Records of Contractor.Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request
and until the expiration of four years after the furnishing of services pursuant to this Contract, make available
to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the
nature and extent of all costs and eharzes hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost
of 510,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon
written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,
the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and books, documents,and records'of the subcontractor that
are necessary to verify the nature- and extent of all costs and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of records
under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract, a
separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the
preparation of each such document or written report. This section shall apply only if the payment limit under
this Contract exceeds $5,000.
5. Termination.
a. Written Notice. This Contract may be terminat�_d by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual
consent.
1
.....
,r Vaaaa+A vvurw vvr+aa w, ..... ....... ..... _ arrai.aa4�iiaaY iva ata i1 v
GENERAL CONDTI` QNS
(Purchase of Services)
b. Failure to Perform. The County, upon+written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the
event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost
to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under
this Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Funding?. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract bontains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of
this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this'Contract, including but not limited to, monitoring, evaluating, auditing, billing, or
regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and
,,the County. Such Informal Agreements shall be designated as such ind shall not be amendments to this Contract
except to the extent that they further detail or clarify that which is already required hereunder. Such Informal
Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid
the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County
Department for which this Contract is made or his designee.
8. Modifications and. Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its
designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor and the
County Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the head of
the County Department for which this Contract is made or his designee or in accordance with the applicable
procedures (if any) required by the State or Federal Government. -
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra
Costa County, State of California.
.....
..... .... ._... , .
0LdUAU4A u X vi ut 110/
GENERAL CUMMQQI S
(Purchase of Services)
:deral and State Regulations and Laws. Should Federal'or State regulations Ia Contractor will res' he m e
)f this Contract be adopted or revised during the term hereof, this Contract I make by reason of the matters
1
conformance with such Federal or State requirements. defend any claims or litigation
the Contractor.
Subject to Paragraph 9. (Disputes)of these General Conditions,inspections
sion or modification thereof, le
ry officer, agent or employee of the County indicating the Contractors ,e requirements unless otherwise
nplies with the requirements of this Contract, or acceptance of the whole or
)ayments therefor, or any combination of these acts, shall not relieve the
is Contract as prescribed; nor shall the County be thereby estopped from Iaprehens ve liability insurance,
enforcement arising from anyy failure to comply with atfy of the-terms and �mbined single limit cdverage of
y, sickness or disease, or desk
:si�nment. This� Contract binds the heirs, successors, assigns and r use thereof, arising from each
., cars and employees as additio0i
..ontractor shall not enter into subcontracts for any work contemplated under
s Contract or monies due or to become due, without the prior written consent policies shall constitute primay
designee, subject to any required State or Federal approval. s, agents,and employees, so that
t be required to contribute to any
atus. .This Contract is by and between two independent contractors and is
)nstrued to create the relationship between the parties of agent, servant, corkers' compensation insurage
or association.
Contractor, its officers, partners, associates, agents, and employees, shall
in any way attempt to use the position afforded them by this Contract to County with (a) certificates)of
a in which he or she knows or has reason to know that he or she has a herein no later than the effective
overnment Code Sections 87100, et seq., or otherwise. )r acquire either a new insuraV
y at any time during the term
actor agrees to comply and to require its officers,partners, associates,agents ice.
)plicable State or Federal statutes or regulations respecting confidentiality, provided by the Contractor sb i
ity of persons served under this Contract, their records, or services provided P y
talion or material changes of the
Ad records concerning any individual made or kept by Contractor or any
.on with the administration of or relating to services provided under this n iting and may be delivered by
:1I not be open to examination for any purpose not directly connected with be addressed to the head of the
actor shall be addressed to tk
iblish or disclose or permit or cause to be published or disclosed, any list ie date of deposit in the mails ar
as may be required in the administration of such service. Contractor agrees = the date of receipt by the hey
i partners of the above provisions, and that any person knowingly and
tion other than as authorized by law may be guilty of a misdemeanor. hich expressly supersede Genesi
vices. Contractor agrees that all goods and services under this Contract shall :erm of the General Conditions•
regardless of age, sex, race, religion, color, national origin, or ethnic D representation, implication, Or
)ne shall be used, in whole or in part, for religious worship or instruction. I be purchased by County under
s all rights or claims to notice or .
contractor shall defend, indemnify,save, and hold harmless the County and from Contractcr.
nd all claims, costs and liability for any damages, sickness, death, or injury avin possession of, claim to or
without limitation all consequential damages, from any cause whatsoever g P
connected with the operations or services of the Contractor or its agents, 'the landor improvements in t
-s hereunder, save and except claims or litigation arising through the sole nts on tax exempt land (Revery t
n
.... ✓�ar►a.aawa-aN y arra uu.....N.t v/r
(Purchase of Services)
b. Failure to Perform. The County, upon written notice.tt, Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the
event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost
to the County of completing Contractor's performance shall be deducted from any sura due the Contractor under
this Contract, without: prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Fundina. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire kxreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of
this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further S aecifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or
regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and
,,the County. Such informal Agreements shall be designated as such and shall not be amendments to this Contract
except to the extent that they further detail or clarify that which is already required hereunder. Such Informal
Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid
the Contractor as provided herein. informal Agreements may be approved and signed;by the head of the County
Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General .A,rnendmenis. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after.Board approval, by its
designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor and the
County Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. DisRutes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination;in writing by the head of
the County Department for which this Contract is made or his designee or in accordance with the applicable
procedures (if any) required by the State or Federal Goverment.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall, be instituted and prosecuted in the courts of Contra
Costa County, State of California.
�..✓aa�aaa `..VJi4 �.,.V"au1.J ::: ...... JW11LL4LU XV1111 1./O/
rFiVRRAL CONDITIONS
(Purchase of Services)
Conformance with Federal and State Reaulations and Laws. Should ederal'or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract
shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Conditions,inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or
any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the
Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from
bringing any action for damages or enforcement arising from any,failure to comply with.aiiy of the-terms and-
conditions of this Contract.
13. Subcontract and Assi nment. - This' Contract binds the heirs, 'successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under
this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent
of the County Administrator or his designee, subject to any required State or Federal approval.
14. Independent Contractor Status. .This Contract is by and between two independent contractors and is
"snot intended to and shall not be construed to create the relationship between the parties of agent, servant,
employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this Contract to
influence any governmental decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,partners, associates, agents
and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality,
including but not limited to, the identity of persons served under this Contract, their records, or services provided
them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under this
Contract will be confidential, and will not be open to examination for any purpose not directly connected with
the administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor agrees
to inform all employees, agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall
be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic
background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury
to person(s) or property, including without limitation all consequential damages, from any cause whatsoever
arising directly or indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole
GENERAL CON rr QM
(Purchase of Services)
negligence or sole willful misconduct of the County or its officers or employees. Contractor gill reimburse the
County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters
that are the subject of this indemnification, and if requested by the County will defend any claims or litigation
to which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise
expressed in the Special Conditions:
a. Liahility Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimuiu combined single limit eti
U{.t{"U41u XU1111 1/01
' GEIlRAL CONDITIONS Y
(Purchase of Services)
& Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to
property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor
agrees that this provision complies with the-notice requirements of Revenue &Taxations Code Section 107.6, and
waives all rights to further notice or to damages under that or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract
may provide some aid or assistance to members of the County's population, it is not the intention of either the
County or Contractor that such individuals occupy the position of intended third-parry beneficiaries of the
obligations assumed by either party to this Contract.
25. Coy riehts and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from: activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the
Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part,
and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County
''publicly endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute
dualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established
and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any cornmercially-produced
advertisements designed to promote a particular brand name or commercial product, even if Contractor is not
publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the
foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-133. If
Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County
in the time, form, and manner required by the most current version of Office of Management and Budget
Circular A-133 and by County. If Contractor is funded by$100,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit
to the County in the time, form, and manner required by the most current version of Office of Management and
Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the
audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract
amount, whichever is larger, or the final payment, from Contractor until County receives the audit from
Contractor.
c
OF SUPERVISORS rte'" •
TO: BOARD � e
FROM: William Walker, M.D. , Health Services Director ' �`�=,�" Centra
By: Ginger Marieiro, Contracts Administrator Costa
DATE: October 15, 1998 County
SUBJECT;
Approval of Contract #26-347 with Medstaff
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION
RZCQ]MMTI AT10N(S) ;
Approve and authorize the Health Services Director, or his designee
(Frank Puglisi, Jr. ) , to execute on behalf of the County, Contract
#26--347 with Med.staff, in the amount of $150, 000, for the period from
September 1, 1998 through August 31, 1999, for the provisions of
temporary nursing registry services .
FISCAL IMPACT;
Funding for this Contract is included in the ' Health Services
Department ' s Enterprise I budget.
F3ACKGROUi�F�3` jRRA,SOX(S) FCR RECO +iMRNDATI{} t t S)
For several years the County has contracted with nursing registries to
provide temporary licensed nursing personnel to assist Contra Costa
Regional Medical Center and Health Centers during peak loads, temporary
absences and emergency situations . There is a nationwide nursing and
healthcare staff shortage, and in spite of persistent efforts to
recruit nurses and other healthcare staff, the Department has experi-
enced great difficulty in filling any vacant positions. Therefore, the
Department has had to rely heavily on the registry services in order
to provide quality nursing care for patients.
Under Contract #26-347, Contractor will provide nursing registry
services through August 31, 1999 .
CONTINUED ON ATT M SI N TUR
L-�--
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
ACTION OF BOARD ON APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE GATE SHOWN.
ATTESTED .? Z�� - _.
PHIL BATCHEI.t?R, RK OF BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Frank Puglisi (370-5104)
CC: Health Services(Contracts)
Risk Management
Auditor Controller BY
-.DEPUTY
Contractor
.; cp
TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director
Contra
By: Ginger Marieiro, Contracts Administrator '
Costa
DATE: October 15, 1998 County
SUBJECT: .Approval of Contract #24-949-68 with Luisito Roxas, M.D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMKNDED ACTJON s
Approve and authorize the Health Services Director, or his designee
(Donna Wigand) , to execute on behalf of the County, Contract #24-949-68
with Luisito Roxas, M.D. , for the period from October 1, 1998 through
June 39, 1999, to provide Medi-Cal mental health specialty services, to
be paid in accordance with the rates set forth in the attached fee
schedule.
FISCAL IMPACT:
This Contract is funded by State and Federal FFP Medi-Cal Funds .
HACKQR_OUND/REASON(S`) FOR RECOMMENDATIONS:
On January 14, 1997, the Board of Supervisors adapted Resolution #97/17,
authorizing the Health Services Director or his designee (Donna Wigand',
LCSW) to contract with the State Department of Mental Health to assume
responsibility for Medi-Cal specialty mental health services as of July
1, 1997. Responsibility for outpatient specialty mental health services
involves contracts with individual, group and organizational providers to
deliver these services .
Approval. of Contract #24-949-68 will allow the Contractor to provide
mental health specialty services through June 30, 1999 . '
CONTINUED ON AMCHMENI: SIGNATUR9 ____ L
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
A APPROVE OTHER
$QN-ATUREM Qk"�&
ACTION OF BOARD ON APPROVED AS RECOMMENDED 0 ,C _ *!
VOTE OF SUPERVISORS
y I HEREBY CERTIFY THAT THIS IS A`TRUE
UNANIMOUS (ASSENT AND CORRECT COPY of AN ACTION TAKEN
AYES: NOES, _-_ _ _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN:- OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED �' ,
PHIL BATCHELOR,CLERK oFFTHE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Donna wigand (313-6411)
CC: Health Sep+ices(Contracts)
Risk Management
Auditor Controller BY DEPUTY
Contractor
r 1r13
G � .-, -7
Beard Order
page two (2)
". CMHP OUTPATIENT SPECIALTY MENTAL HEALTH SERVICES FEE SCHEDULE--Revised 1219137.
CPT COBE PROCEt7URE M.D Ph.D L.C.S.W, M.F.C.C.
Leval 3Codes 90830 Test Arttntntstration- i Itzuur trtax S} - $30 - -
90887 Tis-!Scoring- I hour(max 2) $30
90843 Individual PsySholtreraj) - 1/2 hour $30 _
90844 tndividttal Psychothera r - i trotrr � $60 $30_ $30 $30_
90846 Farrtity Tfie!aL)y-w'tlitout pa#ienl $30 $30 $30
90847 Family Therapy-cotr'o1 irt# - $30 $30 $30_
90883 Grotrj Ttrerajr ty j er I>ersort->ez visi#-i 1121tr max $12 $12 $12
90862 Pharmacological irrarr�ement $30
90870 ECT-Single Seizure $60
X_9544 Case Con_feretrce- 112 hour $30 $15 $15 � $15
54
X96 Carse Confeuence- Mom $60 $30 $30 $30
Hospital hi t. Service 99221 flos Atai Care Visit-10tial-30 minuses $30
99222 Hospital Cure Visit-initial-50 minutes $60
_ 9'9232 ii-os-pit-a-1-Cate Visit.Sttbsegmml-30 minutes $iii
otitpatientConsults 99242 Office Consuilation New Patien!-30 minutes $30
_ 95244 Office Cottsttl#aliour New Paliettl 60 trrinutes $60
11wLifiertt Consults 99251 JnL)i eett Consultation New Patient-30 minutes $30
_.__._ 999253 lthatietit Consultation New Patient-60 minutes $60 -
1 turshjq Fac Assess 99301 Evaluation and Manatgeinen_l-30 minutes $30
_99303 Evaluation and_Marta etrment-60 mimiles W $60
99311 Subsequent Nursing Facility Cate-15 mimites �$15
_______ 95313 Subsequent Nursing Facility Cate-30 minutes $30
lies#—1it>ttte et At Svc. 99323 Evaluation of New Patient $60
__ _ 99333 Evaluation of Established Paiient $30
fiome Services 99341 Evaluation of New Patient $60
99353 f=valualion of Established Patient $30
These are the only outpatient services which CCMIiP will authorize and the only
codes for which providers will be reimbursed.
__._.._... . _..._. ......... ......... ........._.... .. _. ....
... ........_... ....._...._....__............._..... ......... ......... ......... .........
_. __....._. _........ ......... .........
TO: BOARD OF SUPERVISORS 4✓`(�`
William Walker, M.D. , Health Services Director
FROM: By: Ginger Marieiro, Contracts Administrator
Contra
Costa
DATE: October 15, 1998 County
SUBJECT:
Approval of Contract #26-046-23 with Julie 0. Fulford. (dba Valley
Audiology)
o o
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Frank Puglisi) , to execute on behalf of the County, Contract #26-046-23
with Julie 0. Fulford (dba Valley Audiology) , in the amount of $82, 500,
for the period from October 1, 1998 through December 31, ', 1999, to provide
audiological services to County-referred patients .
FISCAL IMPACT:
This Contract is funded in the Health Services Department Enterprise I
Budget . As appropriate, patients and/or third-party payors will be
billed for services'.
BACKGROUND/REASON'(S) FOR RECOMMENDATION(S) :
On October 28, 1997, the Board of Supervisors approved Contract #26-
046-21 (as amended by Contract Amendment Agreement #26--046-22) , with
Julie 0. Fulford (dba Valley Audiology) , for the period from October 1,
1997 through September 30, 1998, for the provision of audiological
services for County-referred patients .
Approval of Contract #26-046-23 will allow the Contractor to continue to
provide services through December 31, 1999 .
i
CONTINUECONTINUE12 ON TTAC SIGNATURE 3
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVEOTHER
ACTION Of BOARD ON APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR,CLERK THE 80ARL7 CSF
Contact Person: Frank Puglis (370-5100) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services(Contracts)
Risk Management
Auditor Controller B DEPUTY
Contractor