HomeMy WebLinkAboutMINUTES - 12071999 - C96-C100 }
TO:' BOARD OF SUPERVISORS $
FROM:
William Walker M.D. Health Services DirectorContra
� `
By: Ginger Marieiro, Contracts .Administrator
DATE: November 10, 1999 � Costa
County
SUBJECT: Approval of Contract #24-949-65 (l) with Margaret Th r, Ph.D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)IIr BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTI :
Approve and authorize the Health Services Director, or his designee
(Donna Wigand) , to execute on behalf of the County, Contract #24-949-
65 (1) with Margaret Thayer, Ph.D. for the period from July 1, 1999 through
June 30, 2000 , 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 Federal Financial Participation and State
Medi-Cal Consolidation.
BACKGROUNWREASON(S) FOR RECOMMENDATION(S) :
On January 14, 1997, the Board of Supervisors adapted Resolution #97/17,
authorizing the Health Services Department to contract' with the State
Department of Mental. Health to assume responsibility for Medi-Cal mental
health specialty services . Responsibility for outpatient trental health
specialty services involves contracts with individual, group and
organizational providers to deliver these services .
On October 20, 1998, the Board of Supervisors approved Contract #24-949-
65 with Margaret Thayer, Ph.D. , for the period from October 1, 1998
through June 30, 1999, for Medi--Cal mental health specialty services .
Approval of Contract #24- 949-65 (l) will allow the Contractor to continue
providing services, through June 30, 2000 .
- NATURE
CONTINUED 014&TTAC
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
° APPROVE OTHER
ACTION OF BOARD ON .e APPROVED AS RECOMMENDED „g OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENTS} 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_I e'G'f r-1 b le-i'" �� I
PHIL BATCHELOR,CLERK OF THE BOARD OF
Contact Person: Dozina Wigand (313-6411) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services(Contracts)
Risk Management
Auditor Controller BY�}'`� 1. L t. 1. ,DEPUTY
Contractor
BOARD ORDER
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TO. BOARD OF SUPERVISORS '
FROM: William Walker, M.D. , Health Servi es irector Contra
By: Ginger Marieiro, Contracts Administrator
-: Costa
DATE: November 10, 1959 County
SUBJECT: .Approval of Contract #24-939-77 with Judith Parent-Smith, M.F.C.C.
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 #24-939-77
with Judith Parent-Smith, M.F.C.C. , for the period from September 1, 1999
through June 30, 2000, 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 Federal Financial Participation, and State
Medi-Cal Consolidation.
BACECR0g=LSON(S) FOR RECOMMENDATION(S) :
On January 14 , 1997, the Board of Supervisors adopted Resolution #97/17,
authorizing the Health Services Department to contractwith the State
Department of Mental Health to assume responsibility for Medi-Cal mental
health specialty services . Responsibility for outpatient mental health
specialty services involves contracts with individual , group and
organizational providers to deliver these services.
Approval of Contract #24-939-77 will allow the Contractor to provide
services through June 30, 2000 .
CONTINUED ON ATTACHMENI: S G AT
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
1
APPROVE OTHER
ACTION OF BOARD ON �' �' zc'�' I% ` APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT-z 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 OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Donna Wigand (313-6411)
CC: Health Services(Contracts)
Risk Management
Auditor Controller By ,DEPUTY
Contractor
c.
oo
-BOARD ORDER
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`O: BOARD OF SUPERVISORS
William Walker, M.D. , Health Services Director
FROM,' By: Ginger Marieiro, Contracts Administrator `y'f �: Contra
Costa
DATE: November 3, 1999
CC}U#ltjl
SUSJECT Approval of Contract #26-294-2 with Staff Care, Inc .
SOECIFIC i2�EST(S)OR RECOMMENDATi#ON(S)A BACKGROUND AND JUSInFICATION
RECQMMENDATION(S)
Approve and authorize the Health Services Director, or his designee
(Frank Puglisi, Jr. ) , to execute on behalf of the County, Contract
#26-294-2 with Staff Care, Inc . , for the period. from December 1,
1999 through November 30, 2002, for the provision of physician
registry services at Contra Costa Regional medical Center and Contra
Costa Health Centers, to be paid in accordance with the rates set
forth in the attached Contract .
FISCAL IMPACT:
Funding for this contract is included in the Health Services
Department Enterprise I budget . As appropriate, patients and/or
third.-party payors will be billed for services.
BACKGROUNDIREASOX(S) FOR, RECOMMENDATIONS)
tin December 8, 1998, the Board of Supervisors approved. Contract
#26-294 -1 with Staff Care, Inc. , to provide locum tenens physicians
to work as temporary employees to provide vacation, ', sick Leave, and
extended leave relief for County-employed physicians at Contra Costa
Regional Medical Center and Contra Costa Health Centers, for the
period from December 1, 1998 through November 30, 1999 .
.Approval of Contract #26-294-2 will allow the Contractor to continue
providing physician registry services through November 30, 2002 .
CONJINUED ON A : �YES I A { '
_4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
al T
ACTION OF BOARD OND c ci s i - :?J /�.qy APPROVED AS RECOMMENDED _,K�_ OTHER
VOTE.OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT --j 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 WJ � r s
PHIL BATCHELOR,CLERK OF THE BOARD CIE
CantactPersan: Frank Fuglisi, Jr, (370-5100) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services(Contract)
Auditor-Controller
Risk Management BY , DEPUTY
Contractor
Contra Costa CountyNumber 25--294-2
standard Fore STANDARD CONTRACT / Lt Fund/Org As Coded
(Purchase of Services) Account #
1. Contract identification.
Department: Health Services
Subject: Recruitment of temporary physicians for Contra Costa Regional Medical
Center and Contra Costa Health Centers
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: STAFF CARE, INC.
Capacity: Corporation Taxpayer ID # 75-2404573
Address: 222 W. Das Colinas Boulevard, Suite 1230, Irving, Texas, 75039
3. Term. The effective date of this Contract is December 1 1999 , and it terminates
November 30,...2_002 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $N/A—,..
5. County's Obligations. 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
Snecial Conditions (if any) attached hereto,. which are incorporated herein by
reference.
8. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
NOT APPLICABLE
9, Legal Authority. This Contract is entered into under and subject to ,the following
legal authorities: California Government Code 31000.4.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA,_CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Hoard
of Supervisors and County Administrator
By By XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Qa4-r, /Designee $ept
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 91190
and Corporations Code §313) . All signatures must be acknowledged as set forth on page two.
• opr
Contra Costa Councy Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 26-294-2
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
12 Q-4444 34 GQ1 IN=l
By By
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 he/she/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 Code CIi89)
Contra Costa County PAYMENT PROVISIONS ,re O Standard Form 6/90
(Fee Basis Contracts) , d"
Number 26-294-2
1. Payment Amounts. Subject to--the--Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor: [Check one alternative only.]
[ ] a. $ monthly, or
[ l b. $ per unit, as defined in the Service Plan, or
[ 1 c. $ after completion of all obligations and conditions herein.
[X] d. (1) The applicable billing rate per unit of service (day) , as set forth in
Paragraph 1. (Scope of Service) of the Service Plan.
(2) A recruitment fee in the amount of $21.000 for any physician supplied
to County by Contractor, in the event County offers, and the physician
accepts, pursuant to this Contract, employment with County within two
years of the later of: (a) Contractor's introduction of the physician to
County; or (b) the end of Contractor's placement of the physician with
County.
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. Richt 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.
S. Audit Exce tions. Contractor agrees to accept responsibility dor 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 26-294-2
. . Scope of Services . Upon request received by Contractor from the
County' s Health Services Director, or his designee (Executive Director,
Contra Costa Regional Medical. Center and Contra. Costa Health Centers) ,
Contractor shall provide its locum tenens physicians to provide
temporary physician services at County' s Contra Costa Regional Medical.
Center and the Contra Costa Health Centers, to provide vacation, sick
leave and extended leave relief for County-employed physicians .
Physicians providing services under this Contrast are not County
employees . For locum tenens physician services, County will pay
Contractor in accordance with the rates set forth below:
WEEK
JOB NIGHT WEEKEND
SPECIALTY DAILY OVERTIME ON-CALL ON-CALL
PSYCHIATRY $690-$720* $145/hr $125/hr $345/day**
*For payment purposes, the daily rate specified above depends upon the
experience level of the Psychiatrist.
**The rate for weekend "on-call" is defined as one weekend day,
consisting of a 24 hour period, worked by Contractor's physician(s)
beyond the regular 40 hour workweek, payable by County to Contractor at
half the daily rate specified above.
2 . JCAHO Standards . Contractor shall comply with all applicable standards
of the Joint Commission on Accreditation of Health Care Organizations
(JCARO) . Pursuant to JCA.HO requirements and upon written request from
County, Contractor shall make available to authorized County
representatives its personnel files, policy and procedure manuals,
health certificates, licenses, and similar documents, for auditing
purposes of JCAHC Standards .
3 . Definitions .
a. Unit of Service. A unit of service, for payment purposes, shall be
defined as the provision of one full-eight hour' day of services by
a licensed physician. Portions of a day of temporary work spent by
each paid Contractor' s physician in providing services shall be
reported, except as the cumulative totals equal one full eight hour
day. Time spent in travel and other such activities involving no
services shall not be included.
b. Overtime. For payment purposes, overtime is the provision of
temporary work, at County' s request, by a Contractor' s physician,
beyond eight hours in any workday, and/or beyond forty hours in any
workweek, when said physician is scheduled to work eight hour
shifts .
Initials:
Contractor County Dept.
SERVICE PLAN
Number- 26-294-2
C . Holiday Shift. For payment purposes, a holiday shift is when the
majority of hours worked by Contractor' s physician during the shift
are on the actual calendar date of one of the holidays specified in
Paragraph 8 . , below.
4 . Notification of Work Order. Upon notification of a work order for
temporary help by one of the Contractor' s physician as set forth in
Paragraph 1 (Scope of Services) , above, Contractor shall contact
County' s Health Services Director, or his designee, in order to
ascertain the exact duties and responsibilities of the job involved.
S . Replacement . In the event of unsatisfactory performance by Contractor' s
physician as judged by the sole discretion of County' s Health Services
Director, or his designee, County may request replacement of said
physician within the first four hours of work without charge to County.
After the first four hours, County may request replacement at any time
with charge being made for hours worked, on a prorated basis .
5 . Time Cards . Time cards shall be supplied by Contractor. Time cards
completed by Contractor' s physician shall be approved by the
Department ' s duly authorized representative ;Health Services Director,
or his designee) to whom the physician has been assigned before any
payments will be made by County to Contractor for services rendered by
that physician.
7 . Administrative Responaibility. Contra Costa Regional Medical Center and
Contra Costa Health Centers retain administrative responsibility for the
services rendered hereunder, but this provision shall have no effect on
Paragraph 18 . Indemnification of the General Conditions of this
Contract .
8 . Holiday Compensation. County and Contractor each recognize the
following holidays . Independence Day, Labor Day,' Thanksgiving Day,
Christmas Day, New Year' s Day, and Memorial Day. On these holidays,
County will reimburse Contractor for services rendered to County by
Contractor' s physician, at County' s request, at the rate of one and one-
half times the normal daily billing rate specified in Paragraph 1 .
(Scope of Services) , above .
9 . Medical Staff Membership. Any and all physicians referred and placed at
Contra Costa Regional Medical Center and Contra Costa Health Centers by
Contractor must be members of County' s medical staff and be credentialed
through the medical staff process . Contractor understands and agrees
that there shall be no payment to Contractor for any services rendered
under this contract by a physician who is not a member in good standing
of the County' s medical staff or who does not have the appropriate
clinical privileges .
Initials :
-2-
Contractor County Dept.
C ;
SERVICE PLAN
Number-26-294-2 -
10 .
umber26-294-210 . Quality Assurance Requirements. Contractorshall comply with
requirements and procedures established by the County, State, and
Federal governments for County' s ongoing Quality' Assurance Program,
including but not limited to the following: (1) submission to County of
quality assurance reports, in the time from and manner requested by
County; and. (2) providing assistance to County regarding completion of
CCRMC' s annual performance review forms for Contractors, and for
temporary workers, as applicable .
Initials:
Contractor County Dept.
G
SPECIAL CONDITIONS
Number:- 26-294-2--
1 .
umber: 26-294-21. . Insurance. Paragraph 1.9 . (Insurance) of the General
Conditions is hereby deleted in its entirety and replaced with a
new paragraph to read as follows :
1119 . Professional Liability Insurance. During the entire term
of this Contract and any extension or modification
thereof, Contractor shall provide and keep in effect a
policy or policies of professional liability insurance
with a minimum coverage of $1, 000, 000 per
incident/$3 , 000, 000 annual aggregate for all damages or
losses because of errors, omissions or malpractice
arising from the provision of professional' services under
this Contract .
The Contractor shall provide the County with (a)
certificate (s) of insurance evidencing its professional
liability insurance coverage specified above no later
than the effective date of this Contract . If the
Contractor should renew the insurance policy(ies) or
acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at
any time during the term of this Contract, then
Contractor shall provide (a) current certificate (s) of
insurance . "
2 . Exn: 10yee Security, The Contractor shall provide worker' s
compensation coverage and unemployment compensation coverage for
.its employees .
initials:
Contractor County Dept.
Contra Costa County Stannard Fr orm118 i
GENERAL CONDITIONS G ' ��
(Purchase of Services)
1. 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. Ins ep ction. Contractor's performance, place of business and records pertaining to this Contract are
subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of
California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the Contractor's regular
business records and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any
further period that is required by law, and until all Federal/State audits are complete and exceptions resolved for
this contract's funding period. Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United States Government.
b. Access to Books and 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 charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost
of $10,000 or more over a twelve-month period, such subcontract shall contain',a clause to the effect that upon
written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,
the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and 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 terminated by eitherparty, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled'immediately by written mutual
consent.
1
Contra Costa County _ Standard Form 1i8'
GENERAL CONDITIONS e►•
(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 l 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 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. Farther 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 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 Centra 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 Federalapproval, 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 govemed 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.
2
Contra Costa County Standard Form IIS
GENERAL CONDITI NS • "'�''
(Purchase of Services)
11. Conformance with Federal and State Regulations 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 b County. Subject to Paragraph 9. (Disputes)of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or
any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the
Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from
bringing any action for damages or enforcement arising from any failure to comply with any of the terms and
conditions of this Contract.
13. Subcontract and Assiornent. 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 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 mare, 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 lotherwise.
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
back-round, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction.
zn
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
3
Contra Costa County _ Standard Form 1187
GE'ERAL CONDITIONS .' 190
(Purchase of Services)
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 sale
negligence or sole willful misconduct of the County or its officers or employees'. Contractor will reimburse the
County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters
that are the subject of this indemnification, and if requested by the County will defend any claims or litigation
to which this indemnification provision applies at the sole cost and expense of the Contractor.
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. Liabilitv Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of
$500,040 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' Cornoensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificates) of
insurance evidencing liability and worker's compensation insurance as required herein no later than the effective
date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance
policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of
this Contract, then Contractor shall provide (a) current certificate(s) of insurance'.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes of the
above specified coverage.
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 nate 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.
2l. Primaev of General 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. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County under
a new contract following expiration of termination of this Contract. and waives all'',rights or claims to notice or
hearing respecting any failure to continue purchase of all or any such services from Contractor.
4
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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 in the
same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue
& Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to
property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor
agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and
waives all rights to further notice or to damages under that or any comparable statute.
24. 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-party beneficiaries of the
obligations assumed by either party to this Contract.
25. Copyrights 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
qualities or lath 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 Supen,isors, 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 $25,0100 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-1:33. 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 $100,0700 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, forth, 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.
5
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TO: BOARD OF SUPERVISORS }rr... . ;_ ;:' _- $. CONTRA
�... :. COSTA
FROM: Phil Batchelor, County Administrator COUNTY
1y
DATE: December 7, '1999
SUBJECT: Amendment of Contract with Barbara Ellis
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONM:
APPROVE and AUTHORIZE the County Administrator, or designee, to amend the contract with
Barbara Ellis to decrease the contract payment limit by $4,000 to new contract limit of $44,268
and extend the contract term to december 30, 20010 to permit continued clerical and
administrative support for the Children's Future Corps planning project.
BACKGROUNDIREASON(S) FOR RECOMMENDATION(S):
On February 23, 1999, the Board of Supervisors approved a contract with Barbara Ellis to provide
clerical and administrative support to the planning project to develop and implement the concept
of the Contra Costa Children's Future Corps (CCFuture Fund). This project will continue in 2000
and support is still needed. This support will be provided at no alti nal cost to the County.
CONTINUED ON ATTACHMENT: ____Y SIGNATURE:
RECOMMENDATION Or COUNTY ADMINISTRATOR_,_„RECoMMENOATIoN OF OMMrrTEE
APPROVE .OTHER
SIGNATURE($): `
ACTION OF BOARD'
O RD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
�t f HEREBY CERTIFY THAT THIS IS A
f` UNANIMOUS(ABSENT _____) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,335-1090
ATTESTED CCt N tr �i
PHIL.BATCHELOR,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
CC CAO
KathyAnmtnxig(AS CAO) 0't CLt u,...r-._, ,DEPUTY
Contra
TO: HOARD OF SUPERVISORS lot
Creta
FROM: John Cullen, Director ' Countyro.
Employment and Human Services Depart en sA.�
DATE: November 10, 1999
` `
SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee,
to implement the CaIWORKs Information Network (CalWin) Program by contracting with
Electronic Data Systems (21-559) and Renaissance Government Solutions, Inc. (21-560) as
awardees resulting from an open bid process.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to implement
the CaIWORKs Information Network (CalWin) Program by contracting with Electronic Data Systems (EDS)
and Renaissance Government Solutions, Inc. (RGS) as awardees resulting from an open bid process, as
follows:
Contractor Service Period Amount
EDS Development, Implementation, & Maintenance 1/15/00-5/31/08 $20,774,538
RGS Quality Assurance (during dev. & imp.) 1/15/00-5/31/04 $ 11,569
FINANCIAL IMPACT:
The total county cost for FY 99/00 is $38,236 for both contracts. The EDS contract will be reimbursed by
$19,066,613 State and Federal funds leaving a County cost of$1,693,356 over nine years (aver. $1$8,151 per
year). The RGS contract will cost the County $11,569 over approximately five fiscal years (aver. $2,314 per
year).
CHILDREN'S IMPACT STATEMENT:
This contract supports all five of Contra Costa County's community outcomes: 1) "Children Ready for and
Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3)
"Families that are Economically Self-Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5)
"Communities that are Safe and Provide a High Quality of Life for Children and Families." EHSD is
dependent on automation for the payment of benefits and delivery of services. An updated and refined
automation system will support all of the community outcomes.
BACKGROUND:
The Welfare Case Data System. (WCDS), is the means by which EHSD provides benefits to CalWORKS,
Employment Services, Food Stamp, and Medical clients. WCDS is approximately 30 years old and can no
longer meet the legislative requirements and operational needs of programs currently in effect. Contra Costa
is one of the 18 counties in the WCDS consortium. The Consortium released a public bid in December 1997.
That bid, along with the resulting choice of service providers, was reviewed and approved by a number of
State agencies and the Department of Agriculture, Food and Nutrition Services and the Department of Health
and Human Services at the Federal level. The contracts span approximately 51 months for development and
implementation and 48 months for maintenance.
CONTINUED ON ATTACHMENT; ,'y SIGNATURE:
Z1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Lx' APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON << ">J r' �i %`� 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,a:,2ff-t`T NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: •� ABSTAIN: , OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: DON CRUZE,31582
ce: EHSD CONTRACTS UNIT(CCC)
COUNTY ADMINISTRATOR BYY DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR