HomeMy WebLinkAboutMINUTES - 10261999 - C70-C74 TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director . , Contra
By: Ginger Marieiro, Contracts Administrator
October 13 , 1999 Costa
[TATE: County
SUBJECT: Approval of Contract Amendment Agreement #22-7421 with
East Bay Perinatal Council
SPECIFIC REQUEST(s)OR RECOMMENDATIONS)A BACKGROUND AND JUSTIFICATION
RECOMMENDATION-(S) :
Approve and authorize the Health Services Director or his designee
(Wendel. Brunner, M.D. ) to execute on behalf of the County, Contract
Amendment Agreement #22-7421 with East Bay Perinatal Council,
effective Sep-tember 30, 1999, to amend Contract #22-742 to extend
the term from September 30, 1999 through November 30, 1999 and to
increase the Payment Limit by $2 , 500, from $40, 000 to a new total
Contract Payment Limit of $42 , 500.
FISCALIMPACT:
This Contract is 100% State funded.
BACKCROUNDIREASON(S) FOR RECOMMENDATION(S) :
On July 27, 1999, the Board of Supervisors approved Contract #22-742
with East Bay Perinatal Council for the period from July 1, 1999
through September 30, 1999 to provide outreach and education
services for County's Medi-Cal outreach Program.
Approval of Contract Amendment Agreement #22-742-1 will allow the
Contractor to continue providing services through November 30, 1999 .
o I u o '
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION of BOARD COMMITTEE
APPROVEOTHER
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X_ UNANIMOUS (ASSENT-
AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE GATE SHOWN.
ATTESTED I- tG€
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Wendel Brunner, M.D. (313-6712)
CC: Health SerAces(Contract)
Auditor-Controller -�,�t,~t
Risk Management BY � � C� �� � DEPUTY
Contractor
TO: BOARD OF SUPERVISORS �✓
William Walker, M.D. , Health Services Director ,
FROM: By: Ginger Marieiro, Contracts Administrator `ate _-#" Contra
Costa
DATE: October 13, 1999 County
SUBJECT:
Approval of Contract #26-883-10 with Rodney J. Chan, DPM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECObUdENDATION(S) :
Approve and authorize the Health Services Director, or his designee,
(Frank Puglisi, Jr. ) to execute on behalf of the County, Contract
#26-883-10 with Rodney J. Chan, DPM (specialty: Podiatry) for the
period from October 1, 1999 through September 30, 2002, to be paid in
accordance with the attached fee schedule .
FINANCIAL IMPACT:
Cost to the County depends upon utilization. As appropriate, patients
and/or third party payors will be billed for services .
REAsoNS FOR RFQ MMENQAT1M$/BACKCR0UND:
On January 19, 1999, the Board of Supervisors approved Contract #26-
883-9 with Rodney J. Chan, DPM, to provide Podiatry services for
Contra Costa Regional Medical Center and Contra Costa Health Centers,
for the period from January 15, 1999 through January 31, 2000 .
Due to a recent study by the Medical. Group Management Association.
(MDMA) Physician Compensation Survey with regard to the salaries of
medical and surgical sub-specialist, the Department is currently re-
negotiating Contract Payment Provisions for the medical and surgical
sub-specialist . County and Contractor have mutually agreed to
terminate the existing services under Contract #26-883-9 and to
substitute Contract #26-883-10 in its place.
Approval of Contract #26-883-10 will reflect an increase in salary
consistent with the MDMA Physician Compensation Survey, allowing Dr.
Chan to continue providing services through September 30, 2002 .
CONTINUED ON&I A . XX YES SIGNATURE
wa
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
ACTION OF BOARD ON C t edAPPROVED AS RECOMMENDED OTHER
1
VOTE OF SUPERVISORS
1 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.
ATTESTEDC� L— ---� 4/2
PHIL BATCHELOR,CLERK OF THE BOARD OF
Frank ]isi, Jr. (370-5100) SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person:
CC: Health Services(Contract)
Auditor-Controller
Disk Management By lt 'L - DEPUTY
Contractor
Page 2
Board Order
#26-883-10
a. For consultation, training, administration, and medical and/or
surgical procedures, Contractor will be paid as follows :
{1} $8,400.00 per month, for the period from October 1, 1999
through September 30, 2000, not to exceed a total of
$100, 800;
(2) 8, 820 .00 per month, for the period from October 1, 2000
through September 30, 2001, not to exceed a total of
$105, 840;
(3) $9,172 . 83 per month, for the period from October 1, 2001
through September 30, 2002 , not to exceed a total of
$110, 074; and
b. NZA per month for on-call coverage not to exceed an annual
total of N/A
C. N/A per occurrence when Contractor is required to come to
the Hospital during on-call hours for a surgical procedure .
In the event that Contractor works less than a full month at Contra
Costa Regional Medical Center and Contra Costa. Health Centers, County
shall prorate payments to Contractor for that month.
r
TO: BOARD OF SUPERVISORS William Walker, M.D. , (e;lthervicd' �3i" actor
FROM: By: Ginger Marieiro, Contracts Administrator � �` � Contra
Costa
DATE: October 8, 1999 County
SU13JECT: Approval of Contract #26-325-2 with HKA Locum Tenens, Inc .
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
EECOMMEN�ATION(S) :
Approve and authorize the Health Services Director, or his designee
(Frank Puglisi, Sr. ) , to execute on behalf of the County, Contract
##25-325-2 with HKA Locum Tenens, Inc. , for the period from November
1, 1999 through October 31, 2003, for 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.
FIS CAI, 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.
BACKGROM/REASON(S) FOR RECOMMEMATION(S) :
On December 1, 1998, the Board of Supervisors approved Contract #26-
325-1 with HKA Locum Tenens, Inc . , for the period from November 1,
1998 through October 31, 1999, to present locum tenehs physicians to
work as temporary employees to ensure appropriate medical physician
staff coverage at Centra. Costa.. Regional. Medical Center and Contra.
Costa Health Centers .
Approval of Contract #20-325-2 will allow the Contractor to continue
providing physician registry services through October 31, 2003 .
CO I U O AC E SIG r
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVEOTHER
rte`'
ACTION OF BOARD ONC ,Ct i,to u (e ( Cff ! APPROVED AS RECOMMENDED 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 OC_ 4ft cvf
PHIL BATCHELOR,CLERK OF THE BOARD OF
Frank Puglisi, Jr. (370-51.00) SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person:
CC: Health Selrtices(Contracts)
Risk Management
Auditor Controller By C - DEPUTY
Contractor
Contra Costa County Number 26-325-2
Standard Form 1/87 STANDARD CONTRACT Fund/Org# 6544
(Purchase of Services) Account #2822
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: HKA LOCUM TENENS
Capacity: Corporation Taxpayer ID #58_-19544.55 _
Address: 41.70 Ashford-Dunwoody Road, #599, Atlanta, Georgia 30319
3. Term. The effective date of this Contract is November 1 1999 , and it terminates
October 31 2003 unless sooner terminated as provided herein.
4. P_„.yment Limit. County's total payments to Contractor under this Contract shall not
exceed $Noy- Applicable.
S. 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
Special 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 AAuthority. 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
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By ByXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
QhaiiFfAaR/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 § 1190
and Corporations Code 5 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 26-325-2
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
GOUNTY r rtirrr.mcr
By By
Designee Dopuvf
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 names)
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 Cade 41189)
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 26-325-2
1. PayMent Amounts. Sublect_tothe 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
[ ! b. $ per unit, as defined in the Service Plan, or
[ ] 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 Services) , of the Service Plan.
(2) A recruitment fee in the amount of $19,500 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-i5 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. when Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided..
4. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials : _
Contractor County Dept.
SERVICE PLAN
Number 26-325-2
2 . Scope of Services . Upon request received by Contractor from the
County' s Health Services Director, or his designee (Executive Director,
Hospitals and Health Centers) , Contractor shall provide its locum tenens
physicians to provide temporary physician services at County' s Regional
Medical Center and Contra Costa Health Centers, to provide vacation,
sick leave and extended leave relief for County-employed physicians .
Physicians providing services under this Contract are not County
employees . For locum tenens physician services, County will pay
Contractor in accordance with the rates set forth below:
WEEKEND HOLIDAY"
,SPECIALTY DAILY OVERTIME ON-CALL ON-CALL
GERI-PSYCHIATRY $685 $96/hr $342 . 50/day* $685/day
GENERAL INTERNAL
MEDICINE/GER.IATRICIAN $595 $80/hr $297 . 50/day* $595/day
**The rete 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 Healthcare Organizations
(JCAHC} . Pursuant to JCAHO 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 JCAHO 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 div of services by
a licensed physician. Portions of a day of temporary work spent by
each paid Contractor' s employee in providing services shall not 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 employee,
beyond eight hours in any workday, and/or beyond forty hours in any
workweek, when said employee is scheduled to work eight hour
shifts .
C . Holiday Shift. For payment purposes, a holiday shift is when the
majority of hours worked by Contractor' s employee, during the shift
are on the actual calendar date of one of the hclidays specified in
Paragraph 8 . , below.
Initials: ---_--_--
Contractor County Dept.
SERVICE FLAN
Number-26-325-2-
4 . Notification of Work Order. Upon notification of a work order for
temporary help by one of the Contractor' s employees 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.
5 . Replaceme;lt. In the event of unsatisfactory performance by Contractor' s
employee as judged by the solve discretion of County' s Health Services
Director, or his designee, County may request replacement of said
employee 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 .
6 . Time Cards . Time cards shall be supplied by Contractor. Time Cards
completed by Contractor' s employee shall be approved by the Department ' s
duly authorized representative (Health Services Director, or his
designee) to whom the employee has been assigned before any payments
will be made by County to Contractor for services rendered by that
employee.
7 . Administrative Responsibility. Contra Costa Regional Medical Center and
Contra Costa Health Centers retain administrative responsibility for the
services rendered hereunder, but this provision shah have no effect on
Paragraph 18 . Indemnification of the General Conditions of this
Contract .
8 . Holiday _Coatpensation. 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 employees, at County' s request, at the rate of 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 existing 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 .
10 . Quality Assurance Requirements . Contractor shall 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 annum performance review forms for Contractors, and for
temporary workers, as applicable .
Initials ---
Contractor County Dept.
SPECIAL CONDITIONS
Number: 26-325-2
2. Insurance. Paragraph 19 . (Insurance) of the General
Conditions is hereby deleted in its entirety and and replaced
in its entirety with the following new provision:
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 . Emp1qyee Security. The Contractor shall provide worker' s
compensation coverage and unemployment compensation coverage
for its employees .
3 . 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 publicity
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 Crista
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 .
Initials :
Contractor County Dept .
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(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,
Incensing, employment and purchasing practices; and wages, hours and conditions of employment, including
nondiscrimination.
2. InsRection. 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. Detention 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 55,000.
5. 'germination.
a. Written Notice. 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.
1
Contra Costa County Standard Form 1/87
GENERAL CONrDMQNS
(Purchase of Services)
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the
event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost
to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under
this Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Funding. notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract 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 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 Contra Costa County Board of Supervisors or, after Board approval, by its
designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor and the
County Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the head of
the County Department for which this Contract is made or his designee or in accordance with the applicable
procedures (if any) required by the State or Federal Government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra
Costa County. State of California.
Contra Costa County Standard Form 1187
GENERAL CONDITIONS
(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 adapted 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 pan 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 Assignment. 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 make, participate in making, or in any way attempt to use the position afforded them by this Contract to
influence any governmental decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents
and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality,
including but not limited to, the identity of persons served under this Contract. their records, or services provided
them, and assures that:
a. All applications and records concerning any individual made or Dept by Contractor or any
public officer or agency in connection with the administration of or relatin¢ 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 ate, sex, race, religion, color, national origin, or ethnic
background, or handicap, and that none shall be used in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and
its officers and employees from any and all claim, costs and liability for any damages, sickness, death, or injury
3
Contra Costa County Standard Form 1/87
(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 sole
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 mare 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 terra 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 Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of
$500,000 for all damn,2es, including consequential damages, due to bodily injury, sickness or disease, or death
to any person or damage to or destruction of property, including the loss of use thereof, arising from each
occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional
insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary
insurance as to the County. the State and Federal Governments, and their officers, azents. and employees, so that
other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any
loss covered under the Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate($) 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 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 General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service flan do not limit any terra 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
GRNERAL 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 lack of dualities 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 Supers isors, County
officers, or others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Re uired Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-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 $100,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit
to the County in the time, form, and manner required by the most current version of Office of Management and
Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the
audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract
amount, whichever is larger. or the final payment, from Contractor until County receives the audit from
Contractor.
5
r Contra
TO: BOARD OF SUPERVISORS
Costa .
+'ihHmn
FROM: Jahn Cullen, Director " County
Employment and Human Services DLlent
DATE: October 8, 1999
SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director, or
Designee, to AMEND contract 21-501 with PharmChem Laboratories, to add use
of sweat patch testing for Court ordered substance abuse testing services.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to Amend
contract#21-541 with PharmChem Laboratories to add use of sweat patch testing for Court ordered
substance abuse testing services.
FINANCIAL IMPACT:
These casts are Child Welfare System (CWS) non-federal Title IV-E funding, (70I State, 30% County) and
are included in the Employment and Human Services Department budget. No additional cost is projected at
this tirne.
CHILDREN'S IMPACT STATEMENT:
This contract supports one of Centra Costa County's community outcomes: "Families that are Safe, Stable
and Nurturing," by helping parents address their substance abuse issues.
BACKGROUND:
On February 28, 1999, the Employment and Human Services Department issued a Request for Proposal,
(RFP #1051) to provide court ordered random substance abuse testing. Board authority, dated May 4, 1999,
was given to enter into a contract with PharmChem Laboratories as a result of their RFP response. The
contract was limited to substance abuse testing resulting from the collection of urine samples. It has since
been requested by Juvenile Court that Patch Testing be added as an alternative means of testing for substance
abuse. Since PharmChem Laboratories had included that as an available additional service in their RFP
response, EHSD is seeking to add Patch Testing to the existing contract.
CONTINUED ON ATTACHMENT; y SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON 0 CA�_'be Y- 6 , j 9 APPROVED AS RECOMMENDED 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
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact; DANNA.FABELLA,3-1583
ce: EHSD CONTRACTS UNIT(CC)
COUNTY ADMINISTRATOR BY 1 :«.�v DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR
js t Contra `
TO: BOARD OF SUPERVISORS
Costa
FROM: Jahn Cullen, Director
County
Employment and. Human Services Department
DATE: October 11, 1"9
SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee,
to reimburse out-of-county living expenses for Adela Brower through the D-15 process for the
period from December 1, 1999 through June 30, 2044.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to reimburse
out-of-county living expenses for Adela Brower through the D-15 process for the period of December 1,
1999 through June 30, 2004.
FINANCIAL. IMPACT:
No County cost. All expenses are claimable under the State Travel Policy as 100%reimburseable.
BACKGROUND:
During the period of Development and Implementation for the Ca1WORKS Information Network(CaIWIN)
Program Ms. Brewer will be assigned out-of-county as the Contra Costa representative. Her housing,travel,
meals, and some utility costs incurred in this assignment are reimburseable under the States' travel policy. It is
the suggestion of the Auditor's Office that the D-15 process be utilized for the payment of these expenses to
facilitate prompt processing.
CONTINUED ON ATTACHMENT: Xzg� SIGNATURE: ,f
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _ _OTHER
SIGNATURE(S)Z�6/11k_&_,�z 4�
ACTION OF BOARD ON E �> `f' 2 2 J' 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: N09S: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN:_ _ _ OF SUPERVISORS O,N THE DATE SHOWN.
ATTESTED L..�`C4e' 6f i . <:;?6 j /fg/'
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: DON CRUZE,3-1582
cc: EHSD CONTRACTS UNIT"(CCC)
COUNTY ADMINISTRATOR BY �'� � �y�� ����� ,DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR