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HomeMy WebLinkAboutMINUTES - 11031998 - C71-C75 ..................................................................................................... ................................................................... C -71 Contra TO: BOARD OF SUPERVISORS Costa FROM: William Walker, M.D.,Health Services Director County DATE: October 23, 1998 SUBJECT- AUTHORIZATION TO APPLY FOR AND ACCEPT FUNDS FROM CA DHS SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Health Services Director to apply for and accept funds in the amount of$304,481 from the California Department of Health Services in response to a Requestfor Application. BACKGROUND: The California Department of Health Services issued an RFA to all counties to provide outreach activities to Medi-Cal beneficiaries. Grants will be awarded to applicants for developing coalitions or other types of cooperative organizational structures within the county which develop and implement enhanced outreach activities. Health Services is working closely with other County departments including Social Service and Community Development to build a coalition of public and community agencies. FISCAL IMPACT: No impact to County funds. CONTINUED ON ATTACHMENT:None SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE ---OTHER SIGNATURE(S): ACTION OF BOARD APPROVED AS RECOMMENDED OTHER 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. Contact Person- Julie Kelley,HS Administration(5-5056) CC: Wendel Brunner,Public Health Pat Godley,HS Finance Health Services Administration ATTESTED— PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 1<.�r •7 Contra TO: BOARD OF SUPERVISORS Costa FROM: William Waller,M.D.,Health Services Director County DATE: October 28, 1998 SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT MIOCR PLANNING GRANT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE Sheriff Rupf(or designee) to sign Contra Costa County's application for $62,500 from the California Department of Corrections for a Mentally Ill Offender Crime Reduction Planning Grant(MIOCRPG) and identify members of the Strategic Committee to develop the grant. BACKGROUND: The California Department of Corrections will be awarding funds to counties to develop a Local Plan to reduce crime and criminal justice costs related to mentally ill offenders.Each local plan will create a strategy for a comprehensive continuum of response by the County to address needs of the incarcerated mentally ill offender. The state requires that planning grant application be initiated by local Sheriff's Office. Contra Costa Mental Health will take the lead to develop;the planning grant in collaboration with the Sheriff's Office. FISCAL IMPACT: No impact to County funds. Y CONTINUED ON ATTACHMENT:None SIGNATURE: "G"f RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE A— 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. Contact Person: Donna Wigand,Mental Health Division(5-6411) CC: Sheriff Rupf Pat Godley,HS Finance' Health Services Administration ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY C33 TO: BOARD of SUPERVISORS William Walker, M.L . , Health Services Director FROM: By. Ginger Mariei.ro, Contracts Administrator p Contra Costa DATEr October 15, 1998 Counter SUBJECT: Approval of Standard Contract #26-350 with Merritt, Hawkins & Associates SPECIFIC REQUEST(S) OR RECOMMENDATION(S) IIr BACKGROUND AND JUSTIFICATION I. RECgMMMED ACTIC3N: Approve and authorize the Health Services Director, or his designee (Frank Puglisi) , to execute on behalf of the County, Contract #26-350 with Merritt, Hawkins & Associates, for the period: from October 1, 1998 through September 30, 1999, at the rates set forth in the attached contract, for recruitment of two obstetricians/gynecologists. II . FINANC2AL IMPACT: Funding for this Contract is included in the HealthServices Department 's Enterprise I Budget . III . REASONS FOR RECOMMENDATZONS/EACKGR©UNlD: The Department in consultation with the Medical Staff and the Department of OB/GYN of Contra Costa Regional Medical Center has agreed to recruit for two full--time obstetricians/gynecologists. This recruitment has been agreed to by the Board 'of Supervisors and the County Administrator. The addition. of these two physician' specialists will allow for twenty-four hour, seven days per week in-house OB/GYN coverage. CON'T'INUED ON ATTACHMENTt )AW SIGNATU s RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 7;5- 1110 APPROVE OTHER SIG?-IATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED Eft VOTE OF SUPERVISORS UNANIMOUS (ASSENT 1 i HEREBY CERTIFY THAT THIS IS A TRUE AYES. NOES: AND CORRECT COPY OF AN ACTION TAKEN ASSENT: -- ABSTAIN- ANIS ENTERED ON THE MINUTES OF THE BOARD Oi1tc3Ct: Frank Puglisi {370�510d} OF SUPERVISORS ON THE 1tiATE SHOWN. CC. Health Services (Contracts) ATTESTED Risk Management Ph"q*hela,cm*of tt*Nim of Auditor-Controller Suou isors and County'Administrator Contractor M382/7-83 BY ^.2 - ' '', DEPUTY Contra Costa county Number 26-350 Standard Form 1/87 STANDARD CONTRACT Fund/Org # As Coded. (Purchase of Services) Account # Other # 1. Contract Xdentification. Department: Health Services Subject: Advertising services for obstetricians and Gynecologist for Contra Costa Regional Medical Center 2. pasties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: MERRITT, HAWKINS, AND ASSOCIATES Capacity: Corporation Taxpayer ID #33-0309607 Address: 222 W. Las Colinas Blvd. , Irving, Texas, 75039 3. To The effective date of this Contract is October 1„ 1998 and it terminates September 32_, 1999 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $Not jMlitrable 5. county, Obligat pns. 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: 9. Legal ,i�,uthority. This Contract is entered into under and subject to the following legal authorities: 10. Signatures. These signatures attest the parties' agreement hereto: Cbt7NT'y OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman/Designee Deputy CONTRACTOR By BY (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice- president and Signature B must be that of the secretary or assistant secretary(Civil Code 111"and Corporations Code§313). All signatures curet be acknowledged as set forth on page two. ti _ _ Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 25-350 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL' By BV Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Cafe?if IM Contra Costa County Standard Farm 5/90 PA�NT PROVISIONS (Fee Basis Contracts) Number 26-350 1. Pay-mAntAazottnts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: (Check one alternative only.) [ a. $ monthly, [ 3 b. $ per unit, as defined in the Service Plan, [ c. $ after completion of all obligations and conditions herein, or [X] d. (1) Upon receipt and approval by the Health Services Director or his designee (Executive Director, Contra Costa Regional Medical Center, of Contractor's invoices for professional recruitment services actually rendered hereunder during the term of the Contract, not to exceed a total of S40,Q00. (2) In addition, County will reimburse Contractor for miscellaneous expenses actually incurred on behalf of the County, approved in advance by the Health Services Director and his designee, for miscellaneous allowable expenses actually incurred in the ,provision of services hereunder during the term of this Contract. Allowable expenses include, but may not be limited to, costs incurred by candidates who are interviewed, travel for the search consultant and any journal advertising. 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 Counter 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 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. S. Audit Exceptiong. 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. SERVICE PLAN Number 26- 50 1 . Independent Status. Contractor is an independent Contractor and County shall neither direct nor have control over Contractor, Contractor' s activities, or the methods and details by which Contractor fulfills its obligations under this Contract . In providing services hereunder, Contractor shall work cooperatively with the County' s Health Services Director, or his designee (Executive Director, Contra Costa Regional Medical Center and Contra Costa Health Centers) . 2 . County's Activity Support. County shall provide for Contractor certain assistance as may be Mutually determined to be necessary to support Contractor' s activities hereunder, but excluding the use of County cars . 3 . Service Activities. Contractor shall recruit and refer to County qualified physician candidates whom County may hire as specialists in obstetrics/gynecology for Contra Costa Regional Medical Center (CCRMC) and Centra Costa Health Centers (CCHC) . Contractor' s activities shall be carried out as set forth in Contractor' s Proposal dated July 27, 1998, which is incorporated herein by reference, a copy of which is on file in the office of the CCRMC and CCHC Executive Director, located at 2500 Alhambra Avenue, Martinez . Initials: Contractor County Dept. SPECIAL CONDITIONS Number 26-350 Insurance. General Conditions Paragraph 19 . (Insurance) is hereby deleted in its entirety. Initials: Contractor County Dept. �N GKNER AL (Purchase of Services) L Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. ms=tion. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the united States Government. 3. Records, Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any mer period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the united States Government. b. Access to Books and 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 chanzes hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available. to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives. the subcontract and 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. Rep`arting Requirgments. 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. Jermination. a. Written �, iotice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. z GENE, CONDffM (Purchase of Vices) 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 worm 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 ofFunding. 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. n,.tire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further SRe,cifi£ations 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 Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Beard 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. ICI. Choice of Law and Personal 3urisdiction. 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 andprosecuted in the courts of Contra Costa County, State of California. 2 9-ENER—ACQNI- C1NS (Purchase of Services) 11. Conformance with Federal and State R lotions and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No 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 any of the terms and conditions of this Contract. 13. Subc=ract and Ass mment. 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 andshallnot 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 not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents. and employees, shall not matte, 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 held 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 3 ,...Jw' GMNE !C,t313ITItI' 5 '" (Purchase of Services) negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification prevision applies at the sale cost and expense of the Contractor. 19. Insurance, wring the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurange. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease,'or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers,;agents, and employees,so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers" compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(les) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices, All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be.addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed' to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of Ggaeral Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. laic nrenewa1. Contractor understands and agrees that there is no representation, implicatir�n, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim: to or right to the possession of land or improvements, but does not vest ownership of the land or improvements lin the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue 4 ..... ....... }^'i ,::...- {Purchase of Services & Taxation Code Section 107), such interest or improvements may represent:a possessory interest subject tc property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that thisprovisioncomplies with the notice requirements of Revenue &Taxation Code Section 107.6, anc waives all rights to further notice or to damages under that or any comparable'statute. 24. Xo Third-Party Beneficiaries. Notwithstandingmumal recognition that services under this Contract may provide some aid or assistance to members of the County's population, it not the intention of either the County or Contractor that such individuals occupy the position of intended !third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and RE„hts 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 qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity. Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product. as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors. the Board of Supervisors. County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. If Contractor is funded by $25,0(70 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 5100,000 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 i0 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 5 ......... ......... ......... ......... ......... ......... ......... ......... .............__.. _ .. .._.._... ......... ......... ......... ......... ......... ......... ......... ......... ...............__ __.... . ............,....._ TO. BOARD OF SUPERVLSORS William Walker, M.D. , Health Services Director FROM: By: Ginger Marieiro, Contracts Administrator -`,� �,, Contra DATE: October 21, 1998 Costa pP SUBJECT: A roval of Contract #25- 013-1 with James Acuna County SPECIFIC REQUEST(S)OR RECOM MENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Mendel Brunner, M.D. ) to execute on behalf of the County, Contract #25-01341 with James Acuna, in the amount of $38, 626, for the period from November 1, 1998 through October 31, 1999, to provide support services for the Health Care to the Homeless Mobile Medical Team'. FISCAL IMPACT: This Contract is 100% funded by the 330 (h) Homeless Grant . BACKOROUNDfREASON(S) FOR RECOMMENDATION(S) : In August, 1998, 'The County Administrator approved and the Purchasing Services Manager executed Contract #25-013 with James Acuna, for the period from August 10, 1998 through October 31, 1998, for the provisions of support services for the Health Care to the Homeless Mobile Medical Team. Approval of Contract #25--01.3-1 will allow the Contractor to continue providing services through October 31, 1999. CONTINUEMNTINUED ON ATTACHMENT; SIG ATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER BIG URE(S)Aq, 4 . ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OfiHM VOTE OF SUPERVISORS G� 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- � �=s PHIL BATCHELOR,CLERK OF THE BOARD OF Contact Person: Wendel Brunner, M.D. (313_67.12) SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services(Contracts)' Risk Management Auditor Controller BY DEPUTY Contractor _.. ......... ......... ......... ......... ......... ......... ......... ........ . .11.11... ... ........__....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _.. ........ ......... . ........ ......... TO: BOARD OF SUPERVISORS . C-75v William Walker, M.D. , Health Services Director FROM: By: Ginger Marieiro, Contracts Administrator i Centra Costa DATE: October21, 1998 County SUBJECT: Approval of Contract #24- 922-2 with Patricia Murray, R.N. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Donna Wigand) , to execute on behalf of the County, Contract #24-922-2' with Patricia Murray, R.N. , for the period from November 1, 1998 through October 31, 1999, in the amount of $59, 688, for administrative and operational support to the Department' s Mental Health Division with regard to the Medi-Cal Consolidation and Managed Care Programs . FISCAL IMPACT: This Contract is 100% funded by County Mental Health/Realignment . BACKCROMM I REASON(S) FOR RE COMMENDATION-S) : On January 6, 1998, the Board of Supervisors approved Contract #24-922 (as amended. by Contract Amendment Agreement #24-922-1) with Patricia Murray, R.N. , for the period from November 1, 1997 through October 31,' 1998, to provide administrative and operational support to the Department with regard to the Medi-Cal Consolidation and Managed Care Programs. Approval of Contract #24-922-2 will allow the Contractor to continue providing services, through October 31, 1999 . CO UED TA SIGNATURE 'T'— RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVEOTHER SIG S ACTION OF BOARD ON APPROVED AS RECOMMENDED 941!ER J VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT 1 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 OFTHIr ARDOF SUPERVISORS AND COUNTY ADMINISTRATOR ContactPerson: Donna Wigand (313-6411) CC: Health Services(Contracts) Risk Management Auditor Controller BY ./ �-•z..- DEPUTY Contractor