HomeMy WebLinkAboutMINUTES - 12032002 - D3 TO: BOARD OF SUPERVISORS
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FROM: John Sweeten •'
County Administrator , Costa
DATE: December 3, 2002 °°;,�- - County
SUBJECT: RFP FOR WEST COUNTY DETENTION MEDICAL SERVICES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. AUTHORIZE the County Administrator, in cooperation with the Health Services
Department (HSD) and the Sheriff, to issue the attached Request for Proposals (RFP) to
solicit proposals from private vendors interested in assuming contractual responsibility
for medical and psychiatric care at the West County Detention Facility (WCDF) in
Richmond.
2. DIRECT the parties to bring a contracting recommendation to the Board for its
consideration during February, 2003.
FISCAL IMPACT:
The Board appropriated $1.087 million net County cost in the Health Services Department's
current year budget for the six-month cost of a forensic medical unit at WCDF. Until RFP's
are responded to, it is not possible to determine if the service can be obtained at the
budgeted level anticipated in the current year budget.
BACKGROUND:
The Main Detention Facility (MDF) in Martinez is overcrowded. The facility is rated by the
California Board of Corrections to house 655 inmates, but average inmate populations
range from 800 to 855. The inmate population at MDF is similar to such populations
elsewhere in that inmates are typically older and sicker than used to be the case. A
substantial percentage of the inmates at MDF are in need of ongoing medical and/or
psychiatric attention. It has been estimated that 50% of the population is typically in need of
mental health intervention of one type or another.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
----------------------------------------_-_--_.--------------------------------------------------------- f ----- - -- C� � �.------
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAn' OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
----------------------------------------------------------------------------------------------—-----------------------------------—-----------..------------------------------
ACTION OF BOARD ON December 3 , 2002APPROVE AS RECOMMENDED XX OTHER
See Attached Addendum
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
III III IVV None BOARD OF SUPERVISORS ON THE DATE
AYES: S NOES: SHOWN.
ABSENT: ABSTAIN: one
ATTESTED December 3 , 2002
CONTACT: Chuck Deutchman 313-6350 JOHN SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services Department
Sheriffs Office
County Administrator
BY •� �L •-~�-- ,DEPUTY
{_;-13
Page 2
The overpopulation at MDF, and the special needs of that population, make adequate
custodial supervision and medical/psychiatric care exceedingly difficult. Largely for that
reason, the Board of Supervisors approved a proposal to open a 24/7 medical-psychiatric
facility at WCDF, where there is sufficient room to accommodate such a unit. Were that
done, the facility could house at least 1001 additional inmates, and permit a more efficient
segregation of inmates of various categories at both MDF and WCDF. This would reduce
the overcrowding at MDF, and improve the level of care provided for inmates at both
facilities. Sufficient funds were included in the FY 2002-03 County Budget to pay for this
"forensic medical unit" beginning in January 2003 —the date by which it was hoped the
necessary staffing could be on board.
In fact, HSD and Human Resources have been remarkably unsuccessful in recruiting and
hiring the 21.9 nursing staff needed to get this program underway'. This lack of success
mirrors the same problems that have been encountered at MDF, where there are six current
nurse vacancies as of November 20, 2002. Detention facilities are not desirable
assignments, and nurses are free to transfer to other assignments when they become
available. This is so even though nurses working in detention facilities receive a "detention
facility differential" supplement to their normal pay. The problem of staffing in the detention
facilities is not new, and it shows no sign of abating.
It has been suggested that the County consider contracting with a private service provider to
provide medical services at WCDF. Detention medical services are provided by private
vendors in sixty facilities in twenty-six counties in California and many more elsewhere in
the country.
It is possible that a forensic medical/psychiatric unit at WCDF could be operational near the
January time frame contemplated by the Board of Supervisors when it adopted the current
year budget if a vendor were retained to provide the needed services. It is nearly certain
that in the absence of such outside assistance it will not be possible to open such a unit in
the foreseeable future.
For all the reasons stated above, it is my recommendation that the Board instruct the
County Administrator, the Director of Health Services and the Sheriff to take steps
immediately to identify and bring to the Board's attention a vendor that has the qualifications
and experience needed to assume responsibility on a temporary basis for detention
medical/psychiatric duties at WCDF.
1. HSD has conducted two hiring fairs attempting to recruit nurses, and has mailed individual solicitations to
22,000 nurses in the Bay Area.
2. Alameda,Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Humboldt, Imperial, Kings, Lake, Mendocino,
Merced, Monterey, Napa, Nevada, Placer, San Diego, Santa Barbara, Shasta, Siskiyou, Sonoma, Stanislaus,
Tuolumne, Ventura, and Yolo counties. Oakland City Jail also contracts.
„TO: BOARD OF SUPERVISORS Contra
FROM: William Walker, M.D.
Health Services Director
Costa
M
l 1f+
DATE: November 5, 2002 County SUBJECT: Pro used Amendments to the Industrial Safety Ordinancey
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Accept the attached report from the Hazardous Materials Commission and the Public and
Environmental Health Advisory Board.
2. Consider and adopt the recommendations made in this report concerning proposed changes to the
Industrial Safety Ordinance and endorse proposed changes to the implementation guidelines.
BACKC ROUND:
At the December 4, 2001 meeting, the Board of Supervisors asked the Hazardous Materials
Commission and the Public and Environmental Health Advisory Board to review and provide
recommendations on four proposed amendments to the County's Industrial Safety Ordinance (ISO).
Two of these proposed amendments dealt with the role of Inherently Safer Systems in conducting
Process Hazard Analyses at facilities. The third proposed amendment recommended changes to the
contractor training requirements contained in the ordinance. The fourth proposed amendment
suggested incorporating the elements of a specific accident prevention program, the Triangle of
Prevention program, into the ordinance.
The Hazardous Materials Commission had previously held a retreat on March 22, 2001 to plan their
priorities for the upcoming year. One of the priorities that emerged from that planning process was to
undertake a comprehensive review of the ISO. In response to the December 4, 2001 referral from the
Board,the Hazardous Materials Commission decided to review and develop recommendations for
these four new proposed amendments as part of their comprehensive review of the ISO.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: lylr✓ /60e
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE OTHER
SIGNATURE(S):d r
ACTION OF B ON DEMUM3,2002 APPROVE AS RECOMMENDED OTHER
AND—VOM.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF
SUPERVISORS ON THE DATE
AYES`. NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTEDDEMIM 3, 2002
CONTACT: Michael Kant(925)313-6557 W
JOHN
SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
CC:
r
BY
DEPUTY
DECEMBER 3 2002
Can this date,the Board considered adopting recommendations of the Hazardous Materials
Commission{"Commission") and the Public and Environmental Health Advisory Board
(`°PEHAB") concerning proposed amendments to the Industrial Safety Ordinance("ISO"),
and changes to the implementation guidelines.
The Board also considered adopting an ordinance to amend the Industrial Safety Ordinance
with regard to contractor worker skills training and skills testing,drug and alcohol testing,
and contractor safety record("Contractor Safety Amendment").
Silvano Marehesi,County Counsel,reported on legal issues pertaining to the California
Environmental Quality Act and recommended that an environmental impact report C'EIR")
be prepared if the Board was considering adopting the Contractor Safety Amendment.
The following persons presented testimony:
Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez;
Tom Adams, Contra Costa Building Trades Council, 176 Valdeflores Drive,Burlingame;
The Board discussed various issues relating to the Contractor Safety Amendment, including
consideration of economic impacts of out-of-state workers being employed at refineries
located in Contra Costa County.
Chairman Gioia MOVED and Supervisor Uilkema SECONDED the following motion:
The Community Development Department is directed to prepare an EIR on
the Contractor Safety Amendment in a timely manner;
Staff is directed to study and report on the impact of out-of-state workers on
fiscal issues in Contra Costa County or the environment(which could,be an update
of previous studies conducted on the subject), said studies to be conducted to the
extent feasible in conjunction with the EIR, otherwise parallel to the preparation of
the EIR; and,provide a history of refinery assessments;
The County Administrator is directed to explore funding alternatives within
and outside of County government for preparing the EIR; and report back to the
Board in 60 days.
The vote on the motion was as follows:
AYES: 11, III, IV, V, I
NOES: None
ABSENT: None
ABSTAIN: None
1
!CT > 2
The motion PASSED.
The Board discussed the Inherently Safer Systems Amendment to the Industrial Safety
Ordinance.
Supervisor Gerber MOVED, and Supervisor DeSaulnier SECONDED the following motion:
Staff shall place the Inherently Safer Systems Amendment on the Board's
agenda for consideration at the same time the Board considers the Contractor Safety
Amendment.
The vote on the motion was as follows:
AYES: III, IV, I
NOES. II, V
ABSENT: None
ABSTAIN: None
The motion PASSED.
The Board considered the recommendations of the Commission and PEHAB pertaining to
the Industrial Safety Ordinance. The staff report was given by Michael Kent.
FOLLOWING DISCUSSION BY THE BOARD:
1. Supervisor Uilkema MOVED and Supervisor Glover SECONDED the following motion:
County Counsel is directed to assist PEHAB in preparing an amendment to
the ISO pertaining to incident investigations(Section 450-8.016(A)(9)},to ensure
that facilities investigate the largest number of incidents that may lead to an impact on
the surrounding community and environment, ager PEHAB completes its
consideration of what amendment will be recommended,
The vote on the motion was as follows:
AYES: IT, III, IV,V, I
NOES: None
ABSENT: None
ABSTAIN: None
The motion PASSED.
2. Supervisor Uilkema MOVED and Supervisor DeSaulnier SECONDED the following
motion:
The Board endorses the Commission's recommendation that the guidelines to
facilities include direction to the facilities to make reasonable and timely progress
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towards concluding root cause analyses and provide an update to the County every 30 '
days.
The vote on the motion was as follows:
AYES: II, III, IV, V, I
NOES: None
ABSENT: Nene
ABSTAIN: None
The motion PASSED.
3. Supervisor Uilkema MOVED and Supervisor Gerber SECONDED the following motion:
The Health Services Department, Hazardous Materials Program Division,
shall develop definitions of the terms"Incident Investigation,""Safety Inspection,"
and"Incident Safety Inspection,"and report these definitions to the Board before
inclusion in the TSO guidance document.
The vote on the motion was as follows:
AYES: II, III, IV,V, I
NOES: None
ABSENT: None
ABSTAIN: None
The motion PASSED.
4. Supervisor Uilkema MOVED and Supervisor Gerber SECONDED the following motion:
The Health Services Department,Hazardous Materials Program Division, is
directed to develop language recommending completion of future audits within one
year,and a table on recommended timelines for implementing the ISO. The language
and table shall be reported to the Board before inclusion in the ISO guidance
document.
The vote on the motion was as follows:
AYES: II, III, IV,V, I
NOES: Mone
ABSENT: None
ABSTAIN: None
The motion PASSED.
5. Supervisor DeSaulnier MOVED and Supervisor Glover SECONDED the
following motion:
3
,
/--v
The Health Services Department,Hazardous Materials Program Division, is
directed to develop a plan and schedule to complete the public information bank
required by the ISD and, by,Tune 1, 2003,have electronic access available.
The vote on the motion was as follows:
AYES: II, III, IV,V, I
NOES: None
ABSENT: None
ABSTAIN: None
The motion PASSED.
6. Supervisor Glover MOVED and Supervisor Uilkema SECONDED the following motion:
The Board endorses changes in the Health Service Department,Hazardous
Materials Program's Public Participation Policy,to reflect the need for enhanced
public outreach,to make it more proactive, and to add staff as necessary to
accomplish this policy.
The vote on the motion was as follows:
AWES: H, III, IV,V, I
NOES: None
ABSENT: None
ABSTAIN: None
The motion PASSED.
7. Supervisor Uilkema MOVED and Supervisor Gerber SECONDED the following motion:
County Counsel is directed to prepare an ordinance amending the ISO as
follows:
A. Amend section 418-8.418(A)by adding the following four
sentences immediately before the last sentence:
"Public comments on the Safety Plan shall be taken by the
Department for a period of 45 days after the Safety Plan is made available to
the public. The Department shall schedule a public meeting on the Stationary
Source's Safety Plan during the 45-day comment period. The public meetings
shall be held in the affected community on evenings or weekends. The
Department shall respond in writing to all written comments received during
the 45-day comment period and to all oral comments received and not
addressed at the public meeting."
B. Amend section 418-8.018(B)(4)by adding at the end:
4
"The Department shall respond in writing to all written
comments received during the 45 day comment period and to all oral
comments received and not addressed at the public meeting.,,
C. Make those housekeeping amendments to be recommended
by the Commission.
The vote on the motion was as follows:
AYES: H,III, IV,V, I
NOES: None
ABSENT: Nene
ABSTAIN: None
The motion PASSED.
5
1 �r
Attachment 1
Actions Requested of the Board of Supervisors in Response to
Recommendations Made by the Public and Environmental Health
Advisory Board and the Hazardous Materials Commission
Concerning the industrial Safety Ordinance.
Attachment 1
Actions Requested of the Board of Supervisors in Response to Recommendations
Made by the Public and Environmental Health Advisory Board and the Hazardous
Materials Commission Concerning the Industrial Safety Ordinance
At the December 4, 2001 meeting,the Board of Supervisors asked the Hazardous
Materials Commission(HMC) and the Public and Environmental Health Advisory Board
(PEHAB)to review and provide recommendations on four proposed amendments to the
County's Industrial Safety Ordinance(ISO). Two of these proposed amendments dealt
with the role of''Inherently Safer Systems in conducting Process Hazard Analyses at
facilities. The third proposed amendment recommended changes to the contractor training
requirements contained in the ordinance. The fourth proposed amendment suggested
incorporating the elements of a specific accident prevention program,the Triangle of
Prevention program, into the ordinance.
The Hazardous Materials Commission had previously held a retreat on March 22, 2001 to
plan their priorities for the upcoming year. One of the priorities that emerged from that
planning process was to undertake a comprehensive review of the ISO. In response to the
December 4, 2001 referral from the Board,the Hazardous Materials Commission decided
to review and develop recommendations for these four new proposed amendments as part
of their comprehensive review of the ISO.
On September 17, 2002 the Hazardous Materials Commission and the Public and
Environmental Health Advisory Board presented their recommendations to the Board of
Supervisors in a Board Order dated July 23, 2002.At that meeting the Board of
Supervisors took action on some of those recommendations. In response to other
recommendations they asked for additional information to be presented to them for further
consideration. They were not able to consider the remaining recommendations because of
time constraints. This report describes the status of each recommendation and the specific
action requested of the Board of Supervisors in response to each of these
recommendations.
I. Recommendations Concerning the Role of Inherently Safer Systems in
Conducting Process Hazard Analyses
At their September 17, 2002 meeting the Board of Supervisors endorsed the following
recommendation made by both PEHAB and HMC concerning Inherently Safer Systems;
No changes to the language of the Industrial Safety Ordinance pertaining to these
proposed amendments should be made at this time.
1
" . s
• Hazardous Materials Programs staff should add a section to the existing guidelines
for implementing the Industrial Safety Ordinance describing how to conduct
Inherently,Safer Systems analyses as part of, or in conjunction with, the P.I1IA
process, while not limiting the analyses to PHA mitigation item& This addition to
theguidelies should reflect a definition of I.SSs that is limited to the inherent and
passive layers of'protection.
• .The addition to the guidelines should provide.a working definition of`feasibility"
that takes into consideration overall risk of a proposed action, and the need to
balance negligible benefits against large cosh
In response to this recommendation,Hazardous Materials Programs staff made changes to
the guidelines for implementing the Industrial Safety Ordinance. These changes are in
Attachment 2. No additional actions are requested of the Board of Supervisors at this time.
U. Recommendation Concerning Contractor Training Requirements
At their September 17 and October 8, 2002 meetings the Board of Supervisors considered
the recommendations made on this issue by PEHAB and HMC. They directed staff to
prepare a proposed amendment for consideration at the November 5, 2002 Board meeting.
This proposed amendment is being addressed under a separate Board Order.
III. Incorporating the Triangle of Prevention Program into the Ordinance
At the December 4, 2001 Board of Supervisors meeting,while discussing the other three
proposed amendments to the ISO discussed above,the Board of Supervisors requested
PEHAB and the HMC to consider the appropriateness of incorporating elements of the
Triangle of Prevention(TOP)program into the ordinance. Rather than mandate this
particular program,PEHAB and HMC felt facilities should be given a general mandate to
improve safety and should select the program that best farts their particular circumstance.
They recommended against incorporating elements of the TOP program directly into the
ordinance.
However,PEHAB felt that the language of section 450-8.016(AX9)—Incident
Investigation—should be strengthen to ensure that facilities investigate the largest number
of incidents that may lead to an impact on the surrounding community and environment.
They felt a wider range of accidents would be investigated using the term Major Chemical
Accident or Release rather than the term Catastrovluc Release as is currently used in the
ordinance. Therefore,they recommended that the language of section 450-8.016(AX9Xa)
be amended to read:
The Stationary Source shall investigate each incident which resulted in, or could
reasonably have resulted in a Major Chemical Accident or
Release of a regulated substance.
2
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{Note--if this motion is adopted,the wording of section 450-8.016(A)and (D)
may need to be changed for all processes at a covered facility to be subject to this
requirement.)
At their September 17, 2002 meeting the Board of Supervisors considered this proposed
amendment and alternate language verbally presented by hazardous Materials Programs
staff designed to achieve the same goal. They directed staff to return with the following
side-by-side written comparison of the two alternatives for their consideration.
The current definition of Catastrophic Release used in the ordinance is:
A major uncontrolled emission,fire,or explosion,involving one or more
regulated substances that presents an imminent and substantial
endangerment to public health and the environment.
PEHAB recommends using the term Major Chemical Accident or Release that is defined
as:
An incident that meets the definition of a Level 3 or Level 2 Incident in the
Community 'Warning System incident level classification system defined in
the September 27, 1997 Contra Costa County guideline for the Community
Warning System as determined by the Department; or results in the release
including, but not limited to, air, water, or soil of a Regulated Substance and
meets one or more of the following criteria:
(1) results in one or more fatalities;
(2) results in greater than 24 hours of hospital treatment of three or
more persons,
(3) causes on and/or off-site property damage(including clean-up
and restoration activities)initially estimated at$500,000 or
more.
On-site estimates shall be performed by the Stationary Source.
Off-site estimates shall be performed by appropriate agencies
and compiled by the Department.;
(4) results in a flammable vapor cloud of more than 5000 pounds.
The definition of a level 2 incident is.
1. Off--site impact where eye,skin,nose and/or respiratory irritation may be
possible.
2. Explosion with noiselpressure wave impact off-site.
3. Fire/smoke/plume(other than steam)visible off-site(does not include fire
training exercises).
(Note--W if this motion is adopted,the wording of section 450-8.016(A)and(D)
may need to be changed for all processes at a covered facility to be subject to this
requirement.)
At their September 17, 2002 meeting the Board of Supervisors considered this proposed
amendment and alternate language verbally presented by Hazardous Materials Programs
staff designed to achieve the same goal. They directed staff to return with the following
side-by-side written comparison of the two alternatives.for their consideration.
The current definition of CataArqphic Releasee used in the ordinance is
A major uncontrolled emission,fire,or explosion,involving one or more
regulated substances that presents an imminent and substantial
endangerment to public health and the environment.
PEHAB recommends using the term Major Chemical Accident or Release that is defined
as:
An incident that meets the definition of a Level 3 or Level 2 incident in the
Community Warning System incident level classification system defined in
the September 27, 1997 Contra Costa County guideline for the Community
Warning System as determined by the Department; or results in the release
including, but not limited to, air,water, or soil of a Regulated Substance and
meets one or more of the following criteria:
(1) results in one or more fatalities;
(2) results in greater than 24 hours of hospital treatment of three or
more persons;
(3) causes on and/or off-site property damage (including clean-up
and restoration activities)initially estimated at$500,000 or
more.
On-site estimates shall be performed by the Stationary Source.
Off--site estimates shall be performed by appropriate agencies
and compiled by the Department.;
(4) results in a flammable vapor cloud of more than 5000 pounds.
The definition of a level 2 incident is:
1. Off-site impact where eye,skin,nose and/or respiratory irritation may be
possible.
2. Explosion with noise/pressure wave impact off--site.
3. Fire/smoke/plume(other than steam)visible off-site(does not include fire
training exercises).
3
The term Safety Inspection is used in section 450-018(lj),"The Department may,within
30 days of a Major Chemical Accident or Release, conduct a safety inspection to review
and audit the Stationary source's compliance with the provisions of Section 450-8.016.
The tern.Incident Safety Inspection is used in section 450-018(G), 'Vithin 30 days of a
Major Chemical Accident or Release the Department may commence an incident safety
inspection with respect to the process involved in the incident pursuant to the provisions
of Section 450-8.016(C).
The Commission noted that these terms are used at different places in the ordinance, but
no definitions are given distinguishing the difference between them.
The Hazardous Materials Commission recommends that working definitions of
these terms be included in the guidance document
3. The Adequacy of the Overall Timelines and. Deadlines of Section 450-8.018
Section 450-8.018 lays out the schedule for implementing the review, audit and inspection
elements of the ordinance as follows.
• A Stationary Source submits their Safety Plan.
• The Department provides a written notice of Deficiencies, if any(no time
requirement).
• The Stationary Source has 60 days(with a 30-day optional extension)to correct
deficiencies.
• The Department determines that the Safety Plan is complete(no time requirements)
• The Department holds a public meeting to take public comment(no time
requirement).
• The Department conducts an initial audit of the Stationary Source's Safety Program
within one year of the submission of the Safety Plan to determine compliance.
• The Department issues a Preliminary Determination that explains the basis for any
modificationsor additions required to bring the Safety Plan or Safety Program into
compliance with the requirements of the Ordinance(no time requirement).
• The Stationary Source has 90 days to respond to the Preliminary:Determination,
stating that they will incorporate the required revisions, or that they reject the
revisions, in whole or in part. For each rejected revision,the Stationary Source shall
5
explain the basis for rejecting such revision. Such explanation may include substitute
revisions.
• The Department opens a 45 day public comment period and holds a public meeting on
the Safety Flan once the Stationary Source's response has been received.
• The Department may require modifications or additions to the Safety flan or.Safety
Program based on the Stationary Source's responses or public comments, know as the
Final Determination (no time requirement)
• Within 30 days of the Department's Final Determination,the Stationary Source and/or
any person may appeal the Final Determination to the Board of Supervisors.
The Commission reviewed the language of section 450-8.01 S, specifically focusing on the
issue of the timelines for completing required steps of reviewing and approving safety
plans and safety programs. Concern had been raised that while the Ordinance had
timelines for the facility to complete certain steps in the process, it did not contain many
timelines for the County to accomplish their tasks. The Commission noted that the only
timeline describe for the County to meet was the requirement that the County shall,within
one year of the submission of the safety plan, conduct an initial audit and inspection of the
facility's safety program to determine compliance with the ordinance.
The Hazardous Materials Commission recommends that the guidance docum en tfor
implementing the ordinance contain guidance that there should be a one-year time
limit for the County to complete future required audits of as facility. The Commission
also recommends that the guidelines contain a table describing the required
timelines in the approval process for ease of understanding.
4. The Adequacy of the Public Information Bank Deadline and Requirements
(Section 450-8.024)
Section 450-8.024 of the Industrial Safety Ordinance requires the Hazardous Materials
Programs to make publicly available information relevant to this program, including the
use of electronic accessibility as reasonably available,by December 31, 2000. An
electronic database has not been developed to date. The focus of the Commission's
discussion was to determine if they should recommend amending this section to either
establish a new timeline or to change the requirement.
It was noted that leaving the said date as is would add pressure to complete the database
electronically.While very few people have asked to look at this data,it was also noted
that if people aren't informed as to the availability of the information, it is unlikely they
will ask for it. If they do have an interest in this topic,they will not be able learn where to
find this information by searching the Internet,because the database isn't on the Internet
yet. It was suggested that the Commission might want to recommend amending the time
6
ADDENDUM TO ITEM D.3
December 3, 2002
On this date, John Sweeten, County Administrator, presented background
information concerning the medical and psychiatric care at the West
County Detention Facility in Richmond and he presented the
recommendation to issue a Request for Proposals (RFP) to solicit
proposals from private vendors interested in assuming contractual
responsibility for these services.
William Walker, M.D., Health Services Director, stressed the importance of
opening up the West County Detention Facility to full utilization as quickly
as possible. He advised the County has been unsuccessful in hiring
nurses for that facility as part of the countywide, statewide and nationwide
nursing shortage and that it is not a high desirability-marketing tool to get
people to come work in a detention facility; and that there appears to be
contractors out there who are able to do that and have done it elsewhere.
Rollie Katz, Public Employees Local #1, P.O. Box 222, Martinez, CA
94553 spoke on this issue.
Supervisor Gerber requested that the performance reports include data
regarding medication errors, infection rates, mortality suicides and
attempted suicides and that vendors should be prepared to demonstrate
their performance.
Supervisor Glover moved the recommendation with Supervisor Gerber's
request; the motion was seconded by Supervisor Uilkema.
The vote on the motion was as follows: AYES: Uilkema, Gerber,
DeSaulnier and Glover; NOES: None; ABSTAIN: None; ABSENT: Gioia
County Administrator Contra. Board of Supervisors Z�
����� John M.Glola
County Administration Building 1"District
651 Pine Street, 11th FioorCounty
ti����� Gayle B.Uilkema
C
Martinez, California 94553-1229 211 District
(925) 335-1080 Donna Gerber
(925) 335-1098 FAX 3'd District
` Mark DeSaulnler
John Sweeten 4i1 District
County Administrator
,R iS Federal D.Glover
r 51"District
'rt e
December 3, 2002
To Potential Adult Detention Facility Health Care Providers
The County of Contra Costa is hereby issuing the attached Request for Proposal (RFP)to identify a
qualified provider with which to contract for the provision of comprehensive health care services for the
adult inmates in the County's West County Detention Facility, located in Richmond, California.
If your organization is interested in providing this service and has the capacity to meet the requirements
outlined in this RFP, please submit your RFP Response Package so that it is received by January 21,
2003, as specified in the attached RFP instructions.
If you are interested in participating in a group conference call or in joining a site visit/tour of the
detention facility, contact Bob Proctor, Special Projects Administrator, Contra Costa County Health
Services Department(CCHS),by December 18,2002,by faxing or emailing your expression of intent
and contact information to fax#(925) 370-5098 or email hRMcLoro--b-sd.co.co=a-costa.ca.us.
Yours truly,
JOHN SWEETEN,
County Administrator
cc: William B. Walker, LVID,Health Services Director and Health Officer
Warren E. Rupf, County Sheriff-Coroner
Patrick Godley, CCHS CFO
~ POTENTIAL RPPISERVI E PRU I ER LIST—November 2002
1. CHD Meridian Health Care,Inc. Ownership: Same
Attn: Stuart Clark,V.P.--Sales&Marketing
20 Burton Hills Blvd., Suite 200
Nashville,`IN 37215 Phone: (615)665-9500
2. Correctional Medical Services,Inc. [CMS] Ownership: Same
Attn: Gary McWilliams,V.P.-Sales&Marketing
12647 Olive Blvd.
St.Louis,MO 63141 Phone: (800)325-4809
3. First Correctional Medical,Inc. finers i : Same
Attn:Dr.Norma Peal,Dir.of Business Development
12795 N.Wildlife Ave.
P.O.Box 69370
Oro Valley,AZ 85737 Phone: (520)498-1360
4. Health Professionals Ltd. C,�wneershhi : Same
Attn:Megan Feinerman,Account Executive
9000 N.Lindbergh Dr.
Peoria,IL 61615 Phone: (309)676-4900
5, NaphCare,Inc. erste: Same
Attn:Rachel Spradlin,Health Care Sales&Marketing Mgr
950-22"St.North,Suite 825
Birmingham.,AL 35203 Phone: (800)834-2420(x8608)
6. PrimeCare Medical,Inc. Ownership: Same
Attn:Bill Anderson,V.P.-Marketing
3940 Locust Lane
Harrisburg,PA 17109 Phone:(800)245-7277
7. Prison Health Services,Inc. [PHS] O aer, i :
Western Regional Office Prison Health services,Inc.
Attn:JoRene Kerns,Regional V.P. 105 Westpark Dr.,Suite 300
1150 Ballena Blvd, Suite 200 Brentwood,TN 37027
Alameda,CA 94501
Phone: (510) 521-9602
8. Team Health,Inc. w erste:Same
Attn:Christal Case,Admin.Coord.-Marketing
1900 Winston Rd., Suite 300
Knoxville,TN 37919 Phone: (800)342-2898
9. Wexford Health Sources,Inc. Ownership:Bantry Group
Attn:Bob Matonte,Sr.V.P.-Business Development [Same address]
381 Mansfield Ave.,Suite 205
Pittsburg,PA 15220 Phone:(412)937-8590
10.California Forensic Medical Group,Inc. [CFMG] Ownership:: Same
Attn:Dan Hustedt,VP-Finance
300 Foam St.
Monterey,CA 93940 Phone:(831)649.8994
OFFICE OF THE DIRECTOR
BOARD OF SUPERVISORS
WILLIAM B. WALKER, M.D. >4c,
DIRECTOR & HEALTH OFFICER JOHN GIOIA, 1ST DISTRICT
�-�r ` GAYLE B. UILKEMA,2ND DISTRICT
Mart20 Allen Street i O N T R �y C O S T A DONNA GERBER,3RD DISTRICT
94553-31 California CONTRA 1 i MARK DESAULNIER ATH DISTRICT
Ph (92 ) 37 HEALTH SERVICES FEDERAL D. GLOVER, STH DISTRICT
Ph (925) 370.5003
Fax (925) 370-5098 COUNTYADMINI5TRATOR
JOHN R. SWEETEN
PEQL Z S L FDP PROPOSAL
[Attention: Health Care Provider Organizations]
To Contract for the Provision of Adult Detention Facility Health. Care Services-
West County Detention Facility
Contra Costa County is seeking a qualified provider to enter into a Purchase of Services Contract to
provide a comprehensive program of medical, mental health, dental, and other health care services that are
needed by adult inmates in the County's West County Detention Facility, located at 5555 Giant High-way
in Richmond, California [see Attachments#1, #2, & #3,Bay Area and County location maps].
The Contra Costa County Health Services Department(CCHS)will continue to provide these services at
the County's other detention facilities. A qualified provider is needed to provide comprehensive health
care services at the West County Detention Facility(WCDF), expanded to 24 hours per day, 7 days a
week, as follows:
1. Basic Program Requirements. We are seeking a provider for the WCDF who will be able to expand
the current, County-operated health care service program and be able to economically maintain a high
quality of comprehensive services in accordance with National Commission on Correctional Health
Care accreditation standards and Title 15 (California Code of Regulations).
2. Inmate Health Care Services Needed at WCDF. The West County Detention Facility(WCDF)
currently has an average daily population of 700 adult inmates(averaging 70%males and 30%
females, ranging in age from 18 to 60 or older, and averaging from 30 to 35 years of age). But we
need to plan for a service capacity of up to 864 inmates to start and be able in the future to serve up to
1,054 inmates (40%males and 60% females). The inmate population enters the WCDF after intake
booking at the Martinez Detention Facility(MDF)where all inmates receive a health screening (a
brief physical exam). Inmates are transferred from the MDF to the WCDF unless they need
hospitalization. All inmates in WCDF must be ambulatory and able to take meals in the group mess
hall and stay in their own cell bed. The new provider would be responsible for taking care of any and
all health care needs upon admission of inmates to the WCDF, including conditions that are present
upon admission or that might be the result of pre-booking injuries. Should health problems develop in
the WCDF, inmates can currently call the facility clinic through a"sick call"telephone system and
request urgent care, related routine medical follow-up, and pharmacy services, including assistance
with wound dressing, dental problems, alcohol withdrawal, and mental health problems. WCDF
inmates may be allowed to administer their own medications under a Self Administration Policy. In
addition, inmates need to be provided with non-routine, urgent dental care services. If any WCDF
inmate is determined to need more intensive medical care or hospitalization,the provider would be
responsible for transferring the inmate to a hospital and procuring such care, following security
procedures dictated by the Sheriff s Department.
• Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health • Contra Costa Health Plan
• Contra Costa Hazardous Materials Programs •Contra Costa Mental Health • Contra Costa Public Health • Contra Costa Regional Medical Center • Contra Costa Health Centers
West County Detention Facility Health Care RFP Page 2
3. Ancillary and External Services. The new provider would be responsible for procuring and
providing:
(1) Pharmacy services, including provision of all needed medications and take-home drugs,
(2) Outpatient specialty clinic services,
(3) Ancillary and diagnostic services, including lab and x--ray services,
(4) Acute inpatient medical care, and
(5) Inpatient psychiatric treatment.
The new provider would be responsible for providing some of the ancillary services on-site and for
obtaining and providing the external services at the facilities of its choice, subject to approval by the
County Sheriff's Department.
It is not necessary for the new provider to procure these services from CCHS or its Richmond
Health Center or its Contra Costa Regional Medical Center in Martinez.
4. Purchase of Services Contract. The selected provider will be required to enter into a Standard
Purchase of Services Contract following final contract negotiations. A sample Standard Contract is
attached [Attachment#4], consisting of.
(1) Contract Identification and Signature Pages(2 pages)
(2) Approvals/Acknowledgment Page(1 page)
(3) Payment Provisions (1 page)
(4) Service Plan(as many pages as necessary to clearly specify the service provisions)
(5) Special Conditions (as many pages as necessary to specify special conditions, including
liability insurance coverage requirements, and any additional provisions required by the
provider)
(6) General Conditions (6 pages)
The final contract Payment Provisions, Service Plan, and Special Conditions will be subject to
contract negotiations.
5. Security Clearances for New Hires. All staff must pass an initial provisional security screening
before they can be allowed into the WCDF. This provisional security clearance can be completed by
the Sheriff's Department in 2 to 3 days to allow a health care staff person to enter the WCDF to work,
subject to any subsequent final security clearance(e.g., a finger print check).
West County Detention Facility Health Care RFP Page 3
6. RFP Emponsc Package and Instructions. If your organization is qualified and interested in
providing these comprehensive health care services for the inmates in the West County Detention
Facility,please respond by submitting an RFP Response Package, supplying the following RFP
Response Items:
a. RFP RESPONSE ?'EMS: [to be submitted in this structured order and format]
(1) Cover Letter and OrgAnizational Structure. A cover letter signed by an authorized official,
with a copy of your organization's current organizational structure attached, showing the lines
of authority and responsibility from the Board ofDirectors/Owner down to the Customer's
Detention Facility level.
(2) Experience. A brief description of your organization's recent past experience providing
health care services for adult inmates in locked correctional or detention facilities, including
all business experience and customers in California(if any).
(3) Customers. A list of all correctional/detention facility customers, covering at least the past
10 years and showing:
(a) Name and address of the organization, (e) Beginning and ending dates of the
(b) Contact person's name and title, first&the most recent service contracts.
(c) Phone number, (f)If mental health services were/are
(d) Fax number. included.
(4) Financial Health of the Organization. A copy of the company's most recent financial
statement.
(5) Service Plan for WCDF. An outline of your proposed health care service delivery plan,
philosophy, and program concept to serve the WCDF, for each of the following;
(a) Physician services delivered on-site,
(b) Nursing services delivered on-site,
(c) Mental health services delivered on-site,
(d) Pharmacy services,including provision of pharmaceuticals,
(e) Dental services for non-routine, urgent dental cares
(f) Lab,x-ray, and other ancillary services,
(g) Specialty and diagnostic services,
(h) Needed inpatient medical care delivered off--site; and
(i) Needed inpatient psychiatric care delivered off--site.
(6) Job Classifications and_Pay Levels. A list of the employee job classifications you would
use and the pay range for each one that you expect to pay.
(7) Contragtors. List the types of non-employee service providers you would contract with.
(8) Staffing Pattern(s). An outline of the staffing pattern you would propose to serve an 864
inmate average daily census at the WCDF, showing the number of positions (full-time
equivalents) for each job classification/discipline (including contractors), 7 days/week, for:
(a) The day shift, (b) the swing shift, (c)the graveyard shift, and(d) any other schedules.
West County Detention Facility Health Care RFP Page 4
(9) Labor Unions. A description of any labor union agreements that your organization
currently has in effect.
(10) CMA Standards. Describe the extent to which your services would meet California
Medical Association(CMA) accreditation standards for health services in local detention
facilities.
(11) Facility Administrative Structure. A description of the proposed administrative/
management structure for the WCDF service program that you would propose to use to
manage inmate care and control costs.
(12) Cost Controls. A description of cost control or cost containment measures that you
would utilize to minimize costs.
(13) E sk-Sharing. Describe your proposal for handling high-cost catastrophic illnesses,
such as non-routine,high-cost inpatient care, and any risk- or cost-sharing arrangements
that you would propose to enter into with the County.
(14) Cost to the County. A statement of the maximum payment amounts that you would
require from the County to provide the BASIC comprehensive health care services(i.e.,
excluding costs for nonroutine, catastrophic conditions) for 24 months for an 864
inmate average daily census, i.e., the maximum payment amount for:
(a) The first 12 months, and
(b) The following 12 months.
(15) Payment Method. Identify the monthly payment method and state the monthly fee
payment amount(s) that you would propose under the Standard Contract, as set forth in the
Contract Payment Provisions page in Attachment#4 of this RFP.
(16) Additional Contract Provisions. List and describe any Additional Provisions that you
would require in the Standard Contract as part of the Contract Special Conditions section
shown in Attachment#4 of this RFP, or any concerns about the sample contract.
b. When and Where. Submit the RFP Response Package Cone original and one unbound copy],
so that it is received by 5:00 p.m. on January 21, 2403, to:
Bob Proctor, Special Projects Administrator
Contra Costa County Health Services Department
20 Allen St., Martinez, CA 94553
7. Providers' Conference Call and WCDF Site Visit. If you are interested in participating in a group
conference call or in joining a one-time-only site visit/tour of the detention facility sometime in late
December or early January, contact Bob Proctor, Contra Costa County Health Services Department,
by December 18, 2402,by faxing or emailing your expression of intent and contact information to fax
# (925) 370-5098 or email bproctorOhsd.co contra-costa ca us. Specific RFP questions can be answered
during the conference call prior to submission of RFP Response Packages.
8. General Procedural Questions. Any advance procedural questions may be directed to Bob Proctor
at phone# (925) 370-5013, fax# (925) 370-5098, and email: bproctor@hsd.co.contra-costa.ca.us.
West County Detention Facility Health Care RFP Page 5
GENERAL S TIP MATIONS
A. No Reimbursement for RFP Expenses. There is no expressed or implied obligation for Contra
Costa County to reimburse respondents for any expenses incurred in preparing and submitting
proposals in response to this request and County will not reimburse respondents for any such
expenses.
B. Certification of l ull RFP Enderstanding. It is the responsibility of each respondent to fully
understand the RFP and all specifications,terms and conditions, and the site condition. By
submission of a proposal,the respondent certifies that, if awarded a contract, it will not make any
claim against the County based on ignorance of conditions or any misunderstanding of the
specifications, service needs, and requirements. Participation in the providers' conference call and/or
in the facility site visit are strongly encouraged and recommended,but are not mandatory.
C. R.esRonse Deadline. Responses [one original and one unbound copy] must be complete and received
by the Contra Costa County health Services Department no later than 5.00 p.m. on January 21, 2003,
at 20 Allen St., Martinez, California 94553. Contra Costa County is not responsible for lateness or
non-delivery by mail, carrier, or other such delivery methods.
D. No RFP Fax Submittals. Fax or telegraphic transmissions of RFP Response Packages are NOT
ACCEPTABLE.
E. Ownership of RFP Response Packages. All IFP Response Packages become the property of
County.
F. Response Ideas and Concepts. Contra Costa County reserves to itself the right to adopt or use for its
benefit,without obligation of any kind, any concept,plan, or idea contained in a proposal submitted in
response to this RFP.
C. Right to Reject. Contra Costa County reserves the right to reject any or all proposals and to waive or
disregard any informality or technical defect in any proposal.
H. Evaluation and Recommendation. RFP Response Packages will be evaluated by an RFP Evaluation
Committee,which will make recommendations to the County Administrator.
1. Finalists and Discussions for a Final and Best Offer. If more than one respondent are
recommended for consideration,they will be designated as Finalists to engage in discussions with the
County for the purpose of clarifying proposals and to make a final and best offer.
J. Award of Contract and Contract Negotiations. If a most responsive qualified provider can be
identified, contract negotiations will be entered into, subject to the approval of the County
Administrator, and all aspects of the contract will be subject to negotiations and approval by the
County Board of Supervisors.
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ATTACHMEN`P #4
Contra Costa County STANDARD CONTRACT. Number
Standard Farm L-1 (Purchase of Services-Long Form) Fund/Org#
Revised 2002 Account#
Other#
1. Contnet fdentifteldon.
Department: <To be determined>
Subject: Provision of Comprehensive.Health Care Services for the West County Detention Facility
2. PaWes The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor:
Capacity:
Address:
3. The effective date of this Contract is March 1. 2003. It terminates on Febnmary 28. 2005,unless sooner
terminated as providedherein.
4. PaXlgat Limit. County's total payments to Contractor under this Contract shall not exceed
$
5. CounUls Obligations, County shall mare 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 MgAdons. 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. Ggaeral and SRujoll Conditions. This Contract is subject to the General Conditions and Special Conditions
(if any)attached hereto,'which are incorporated herein by reference.
8. Prgjec , This Contract implements in whale or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
Not Applicable.
Initials:
Contractor County Dept.
L-1 (Page 1 of 2)
s 1 - eA3--0,J--Y
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services -Long Form)
Revised 2002
9. mal Authority. This Contract is entered into under and subject to the following legal authorities:
California Code of Regulations, Title 15; add
California Government Code, Sections 26227 & 31000.
10. Signatures. These signatures attest the parties'agreement hereto:
COUM OF CONTRA COSTA,CAJUF EMA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By' By
Chairman/Designee Deputy
CONTRACTQ
Name of business entity Name of business entity
By By
(Signature of individual or.officer) (Signature of individual or officer)
(Print name and title A, if applicable) (Print name and title B,if applicable)
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 Section 1190 and Coxporations
Code Section 313). All signatures must be acknowledged as set forth'on Form L-2.
L-1 (Page 2 of 2)
Contra.Costa County APPROVALS/ACKNOWLEDGMENT Number f
Standard Form L-2 (Purchase of Services-Long Form) -�0
Revised 2042
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
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 IVIS'HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1184)
L-2 (Page 1 of 1)
Contra,Costa County PAYMENT PROVISIONS Number /7
Standard Form P-1 (Fee Basis Contracts-Long and Short Form) 0, ,
Revised 2002 �`
1. Payment Am�nts.. Subiect to the P&=cnt 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
[3 b. $ per unit, as defined in the Service Plan, or
Mc. $ after completion of all obligations and conditions herein.
�] d. Other;
2. pfj„yment I>ems.Contractor shall submit written demands for payment on County Demand Form D-15
in the manner and farm 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 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. If County is unable to obtain reimbursement from the State of California
as a result of Contractor's failure to submit to County a timely demand for payment as specified in
Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent
County's recovery of funding is prejudiced by the delay even though such services were fully provided.
4. Right to ff thhold. County has the right to withhold.payment to Contractor when,in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to fiernish
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 Ewen ns. Contractor agrees to accept responsibility for receiving,replying to, and/or complying
with any audit exceptions by appropriate county, state or federal audit agencies resulting from its
performance of this Contract. 'Within 30 days of demand, Contractor shall pay County the full amount of
County's obligation,if any, to the state and/or federal ,government resulting from any audit exceptions,to
the extent such are attributable to Contractor's failure to perform properly any of its obligations under this
Contract.
Initials:
Contractor County Dept.
Form P-1 (Page 1 of 1)
SERVICE PLATY
(Purchase of Services)
Number
1. IndeRendent Status. Contractor is an independent contractor and County shall neither direct nor have
any control over Contractor, Contractor's activities,or the methods and details by which Contractor
fulfills its obligations under this Contract. In providing services hereunder, Contractor shall work
cooperatively with County's Health Services Director or his designees and with County's Sheriff or his
designees.
2. Scope of Services. Contractor shall provide a comprehensive program of health care services 24 hours
per day, 7 days a week, including all needed medical,pharmacy, dental, diagnostic, ancillary, and
mental health services, for the adult inmate population(including both males and females)housed in
County's West County Detention Facility(WDCF),located at 5555 Giant Highway in Richmond,
California. Contractor shall provide most of these services within the WCDF, and some services, such as
acute inpatient care, may be provided by Contractor at approved outside facilities, subject to security
arrangements required by the County Sheriff's Department. Contractor shall be responsible for taking
care of any and all health care needs upon admission of inmates to the WCDF, including conditions that
are present upon admission or that might be the result of pre-booking injuries. Contractor shall provide
these services for an average daily adult inmate population of from 800 up to 1,050 inmates at any given
time, ranging in age from 18 to 60 years of age or older.
3. Sgrvices. Contractor shall provide a comprehensive program of health care services for the adult inmates
in County's West County Detention Facility(WCDF), in accordance with National Commission on
Correctional Health Care accreditation standards and Title 15 of the California Code of Regulations.
Contractor shall provide all needed staff, equipment,materials,medications, supplies, and services to
treat the medical,mental health, and health care needs of the inmates in the WCDF. Contractor's
services under this Contract shall include,but not be limited to,the following:
a. Basic On-Site Services. Contractor shall provide the following basic health care services within.the
WCDF;subject to security policies and procedures established by the Sheriff s Department, as
appropriate to meet the health care needs of the WCDF inmates:
(1) Nursing services;
(2) Physician services;
(3) Mental health services;
(4) Pharmacy services,including all needed medications and drugs;
(5) Dental services for non-routine, urgent dental care.
(6) Diagnostic and x-ray services;
(7) Medication monitoring;
(8) Prenatal care;
(9) Monitoring inmates in restraints, isolation, and other safety cell services;
(10) Delousing and scabies treatment;
(11) Monitoring syringes and needles;
(12) Preventive care;
(13) Detoxification from drugs and alcohol;
(14) Communicable disease screening;
Initials:
-1- Contractor County Dept.
SERVICE PLAN
(Purchase of Services)
Number
(15) Emergency services;
(16) Prescription of special medical diets; and
(17) Bagging of contaminated linens and disposal of contaminated waste.
b. Off-Site Services. Contractor shall provide the following specialty, ancillary, and inpatient services at
outside facilities approved by the Sheriffs Department:
(1) Laboratory services;
(2) Specialty clinic services;
(3) Diagnostic services;
(4) Inpatient medical care; and
(5) Inpatient psychiatric treatment.
c. Non-Routine Catas=phic Medical Conditiong.
[to be negotiated]
4. Emergency First Aide. Contractor's on-site personnel shall respond and provide emergency first aid to
County staff and/or visitors.
5. Service Limitations. Contractor's services under this Contract are limited as follows:
a. Contractor's responsibility for the medical care of an inmate commences with the physical placement
of the inmate into the WCDF, following booking and a health screening at County's Martinez
Detention Facility.
b. Inmates on a temporary release from the WCDF are not the responsibility of the Contractor during
their absence from the facility. Persons arrested for criminal acts within Contra Costa County or who
are in the custody of other police or penal jurisdictions located outside of Contra Costa County are
not the responsibility of Contractor until they enter WCDF.
6. Service Unit Definition.
[to be negotiated]
7. Number of Service Units.
[to be negotiated]
Initials:
-2- Contractor County Dept.
SERVICE PLATY
(Purchase of Services)
Number
8. County's Provision of WCDF Facilities for C'ontractor's Use. County shall provide for Contractor's
use at no charge to Contractor the following:
[to be negotiated]
Contractor and its personnel shall safeguard and protect County's property, facilities,materials, and
equipment from damage and misuse.
9. Inmate Security and processing Procedures. Contractor shall work with the Sheriff s Department and
establish written policies and procedures, subject to the approval of the Sheriff's Department, for the
processing of inmates and for the maintenance of security and custody, including procedures for the
transportation, guarding, and return of inmates who leave the WCDF for outside health care services,
such as inpatient psychiatric treatment.
10, Security Clearances and Entry of Staff into the WCDF. Contractor shall follow policies and
procedures required by the Sheriff's Department for Contractor's employees and contract staff to enter
and leave the WCDF. The County Sheriff s Department reserves the right to perform background or
security checks on Contractor's employees and contract staff'as a condition of granting them entry into
the WCDF. The Sheriff s Department shall have the sole discretion to determine security and
acceptability of all of Contractor's personnel at any time during the term of this Contract and any such
personnel found to be an unacceptable security risk shall not be given access to the WCDF.
11. Coun 's Protection of Contractor's Staff. The County Sheriff's Department shall provide for the
safety and security of Contractor's employees and contract staff in the same manner as it provides for
County employees working in the WCDF.
12. Contractor's Training of County's Detention Faci tv De uties.
[to be negotiated]
13.Medical Records. Existing medical records and medical records prepared by Contractor for WCDF
inmates shall be the property of County and shall be maintained by Contractor during the term of this
Contract. Contractor shall not remove any such medical records from the WCDF. County shall have
sole responsible for the destruction of any and all medical records. No later than the final termination
date of this Contract, Contractor shall relinquish to County physical custody of any and all such medical
records.
14. Sharing of Medical Records. Contractor and County shall allow access by each other's authorized
personnel to inmate medical records in a timely manner for inmates who are transferred back and forth
between the Martinez Detention Facility(MDF) and the WCDF, including access to medical records
pertaining to care provided for inmates in outside facilities by outside providers, in accordance with
pertinent laws and regulations.
Initials:
-3- Contractor County Dept.
SERVICE PLAN �2 j
(Purchase of Services)
Number
15. Performance nce Regortts. Contractor shall prepare and submit to County such periodic performance
progress reports as may be required by County's Department. No later than the following
deadline dates or 60 days following the termination of this Contract,whichever comes first, Contractor
shall prepare and subunit to County the following performance reports, in the form and manner prescribed
by County:
a. A Contract Start-Up Completion Report by September 1,2003,
b. An Annual Contract Performance Report by March 1, 2004, and
c. A Near-End Contract Performance Report by December 24, 2004.
16. Research.
[to be negotiated]
17. Quality Assurance Proaraw.
[to be negotiated]
Initials:
Contractor County Dept.
-4s
SPECIAL CONDITIONS
(Purchase of Services)
Number
1. Cage in Ad_yance Termina + miotic Period. Subparagraph a. (Written Notice)of Paragraph 5.
(Termination and Cancellation)of the General Conditions specified herein(and attached hereto)is
hereby modified to change the advance written notice period from thirty days to ninety days,to read as
follows:
"a. Written Notice. This Contract maybe terminated by either party,in its sole discretion,upon
120-day advance written notice thereof to the other,and may be cancelled immediately by written
mutual consent."
2. C'hanee in Insurance I.is t�l�y Coyerage Amount. The minimum combined single limit coverage
amount specified in General Conditions Subparagraph 19.a. (Liability Insurance)is hereby increased
from 11$500,000"to"$1,000,000 per occurrence".
3. Pr fe ion, a� bi=Insurance Cover=. General Conditions Paragraph 19. (Insurance)is hereby
modified by the addition of a new Subparagraph e. to read as follows:
"e. Professional Liabffily Insurance. Contractor shall provide and Keep in effect a policy or policies of
professional liability insurance,including coverage against errors, omissions, and malpractice,with a
minimum coverage limits of$1,000,000 per occurrence, $5,000,000 per annum in the aggregate, and
$15,000,000 excess umbrella coverage for all damages arising from the provision of professional
services under this Contract. Not later than the effective date of this Contract, Contractor shall
provide County with(a) certificate(s) of insurance evidencing the above liability insurance.
Contractor shall provide County with new certificates of insurance if there is any change in
coverage."
4. UAW rman_celIn emn_ity Bond. Contractor shall provide for County a Faithful Performance/
Indemnity Bond in the amount of$ 3,000,000 issued by a responsible surety company to protect County
and supply County with funding to procure or hire(a) substitute service provider(s), in the event that
Contractor is unable to provide services for County as specified herein for the full term of this Contract.
The County of Contra Costa shall be named as the payee on said Bond. Contractor shall submit said
Band to County for County's inspection and approval no later than the effective date of this Contract.
5. Failure to Deliver Services. The services rendered under this Contract are critical to the legally
mandated responsibilities of the'Sheriff and the County Board of Supervisors. Therefore, Contractor
shall reimburse County for all expenses incurred by County in providing any health care services which,
under the provisions of this Contract and any modifications or amendments thereto, are Contractor's
responsibility for the care of WCDF inmates. Any and all such expense(s)may, at County's sole
discretion, be subtracted from any payments due to Contractor from County under this Contract.
Initials:
Contractor County Dept.
_1_
L3 iq
193
SPECIAL CONDITIONS
(Purchase of Services)
Number
6. Trd-Party Pay meta Liability. Contractor shall be solely responsible for any payments due from
Contractor to third parties or for any liabilities,obligations,or commitments of Contractor arising from
Contractor's performance of this Contract, including,but not limited to, any payments that Contractor
may owe to contractors, subcontractors,vendors, or other suppliers of goods or services received by
Contractor in the operating, equipping, altering, or otherwise providing services under this Contract. In
no event shall County be responsible for any payments due from Contractor to third parties or for any
liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this
Contract.
7. Conn 's Right to Offer Emgloym®nt to Contractor's EMloyees. County shall not be precluded
from either offering employment to or hiring any of Contractor's employees beginning 6 months before
the termination date of this Contract.
8. Addi anal Provisions.
[other provisions requested by the contractor/service provider, subject to contract negotiations]
Initials:
Contractor County Dept.
-z-
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
1. ComPliance nth Law. Contractor shall be subject to and comply with all applicable federal, state and local
laws and regulations 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. 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. Wills. 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. 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 County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly
authorized representatives,this Contract and books,documents, and records of Contractor 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,the Secretary,the Comptroller General,or
any of their duly authorized representatives, the subcontract and books, documents, and records of the
subcontractor 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 Rea 'rements. 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.
Initials:
Contractor County Dept.
L-5 (Page 1 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
5. 19miAation and QwceUation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day
advance written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Eerform. County,upon written notice to Contractor,may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such ternnina4gn,
County may proceed with the work in any reasonable manner it chooses. The cost to County of completing
Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice
to County's rights to recover damages.
c. Cessation of Fund n . 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 Ascreement. 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 Speciileations for O erp ating 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 developed and set forth in a written Informal Agreement between Contractor and
County. 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. Informal Agreements may not
enlarge in any manner the scope of this Contract, including any sums of money to be paid 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 its designee.
8. MQdLfi ations and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
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 Contractor and the County Ad-
ministrator(or designee), subject to any required state or federal approval, provided that such administrative
amendment may not materially change the Payment Provisions or the Service Plan.
9. Disputes.utes. Disagreements between County and Contractor concerning the meaning, requirements, or
performance of this Contract shall be subject to final written determination 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 Qf 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.
L-5 (Page 2 of 6) Initials:
Contractor County Dept.
Contra Costa County GENERAL CONDITIONS 1 � .s
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
11. -Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws
touching upon the subjectof this Contract be adopted or revised during the term hereof, this Contract shall be
deemed amended to assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or
approvals, or statements by any officer, agent or employee of County indicating 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 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 Ascii This Contract.binds the heirs, successors, assigns and representatives of
Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or
federal approval,is required before the Contractor may enter into subcontracts for any work contemplated under this
Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law
or otherwise.
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 they know or have reason to know they have a financial interest under California
Government Code Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and
employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including
but not limited to,the identity of persons served under this Contract,their records, or services provided them,and
assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer
or agency in connection with the administration of or relating to services provided under this Contract will be
confidential, and will not be open to examination for any purpose not directly connected with the administration
of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons
receiving services, except as may be required in the administration of such service. Contractor agrees to inform
all employees, agents and partners of the above provisions, and that any person knowingly and intentionally
disclosing such information other than as authorized by law may be guilty of a misdemeanor.
Initials:
Contractor County Dept.
L-5 (Page 3 of 6)
if
Contra Costa County GENERAL CONDITIONS 12- J °
Standard Form L-5 (Purchase of Services-Long Form)
Devised'2002
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, ethnic background,
disability,or sexual orientation, and that none shall be used,in whole or in part,for religious worship or instruction.
18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its officers and
employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or
property, including without limitation all consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of 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 County or its officers or employees. Contractor will reimburse County for any expenditures,
including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this
indemnification, and; if requested by County,will defend any claims or litigation to which this indemnification
provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall
keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the
Special Conditions:
a. Liability Insurance. Contractor shall provide comprehensive liability insurance, including coverage for
owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000 for all
damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person
or damage to or destruction of property,including the loss of use thereof, arising from each occurrence. Such
insurance shall be endorsed to include 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
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 Contractor's insurance policy or policies.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its
employees.
C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance
evidencing liability and worker's compensation insurance as required herein no later than the effective date of
this Contract. If the Contractor should renew the insurance policy(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 Contractor shall include a
provision for thirty (30) days written notice to County before cancellation or material change of the above
specified coverage.
20. Noliggs. 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 County shall be addressed to the head of the county department for
Initials:
Contractor County Dept.
L-5 (Page 4 of b)
Cbntra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
which this Contract is made. Notices to 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 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 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 or termination of this Contract, and waives all rights or claims to notice or hearing respecting
any failure to continue purchasing all or any such services from Contractor.
23. Possessory In # If this Contract results in Contractor having possession of,claim 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 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,County reserves the right to copyright, and Contractor agrees not to copyright,such
material. If the material is copyrighted, County reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce,publish, and use such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse
or oppose the use of any particular brand name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities
to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific
basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not participate or appear in any commercially produced advertisements designed to promote a
particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on
behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to
other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of
Initials:
Contractor County Dept.
L-5 (Page 5 of 6)
Contra Costa County GENERAL CONDITIONS IT- 3 �rf
StandardForm L-5 (Purchase of Services-Long Form) !9--co j--6'a-
Revised 2002
Supervisors or by law to receive such views.
27. Rewired Audit. (A)If Contractor is funded by$300,000 or more in federal grant funds in any fiscal year from
any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set
forth in the most current version of Office of Management and Budget Circular A-133. (B)If Contractor is funded
by less than$300,000 in federal grant funds in any fiscal year from any source,but such grant imposes specific audit
requirements; Contractor shall provide to County an audit conforming to those requirements. (C)If Contractor is
funded by less than$300,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from
federal audit requirements for that year,however, Contractor's records must be available for and an audit may be
required by, appropriate officials of the federal awarding agency,the General Accounting Office(GAO),the pass-
through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit.
With respect to the audits specified in(A),(B) and(C) above, Contractor is solely responsible for arranging for the
conduct of the audit, and for its cost. 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.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor,represents
and warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
Initials.
Contractor County Dept.
L-5 (Page 6 of 6)