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HomeMy WebLinkAboutMINUTES - 12032002 - D3 TO: BOARD OF SUPERVISORS ontr 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 2 D-r - 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 Jr� {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. ttx N � t1) C3 Cr r- C � C ttf W m m LLQ n o ca U U- LL `� c f Z Z � ui W U i+wul Olgawoop w Z C3 � uo VU o 0 to u Q o lu SE� 243 KAPATTACH-HENT #3 568 CONTRA COSTA OUN'Fy 0 PINDLE POINT up AR INE WIN, * g s v � i aw T e i 1L' r sy N f J C } m PAYNE r' 0.y Soo GRIFFIN bR `I`aN' 2 -+JOHNSON R �H LIANS y ! f op ma Tali PAZHE57E 1 �y "r" i `? 7' - j!I RICH a . 11007 y rr i O l�lll fj 5EE r 5 � it MAP 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)