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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 WAGE 2 t m m m < O —4 � 0 0 -< 0 m 0 m C z Q m c`o x cnm 0 m :r > -o -n 9 a) I i " c La. M 0 0 -� (n 2 I m C) rn (01 ;u C!} G > 0 j 0 su -0 0 C) N i ( � @ @ � to >> En � � � �' � •-•i cn (J) CD : l< 0 ' o@ ch > n 0 , Imo- � � ,� � m flea tC 0' B _ S+3 @ @ 3 o 3 0- n z Z CD 0 CD (Sa U) `"` < X X m b � ' t1 m � Saa Sas r.+. - ' 0 0 (D i Z w c G (U `' a @ m : nG Saa T. CA (D (D M ' w m w 0 m m m m IM cap m 0 0 U1 0 0 0 0 . 0 0 � 0 <D C ) 0 i ` ` ' � � w <n in tn 4A Imo, l 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 IMAGE 2 4 V+ m< S 0 (J ifil M V t V 1 tip'✓ cp 0 01 W C) VI ` rn M -n > ns) 0 CD m ECD`C X o C� C a' m 0 m M -0 � �l< 0 � C: � C) 0� CD (1) � CD (D m X rn -3 (D0 M a. C c ro m' r 1 (D m vi CD 4 1 C) 0 C? 0 C) 3 3 3 3 B St 5 -0 5 m C� tri rn j cp `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 elqq 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