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Home My WebLink AboutMINUTES - 04191994 - 1.122 TO: BOARD OF SUPERVISORS Contra FROM: /^ Eileen K. Bitten, Acting Director of Personnel os Costa County DATE: April 6, 1994 0 , SUBJECT: SECTION 125 MEDICAL SPENDING ACCOUNT SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Acting Director of Personnel to execute a contract agreement with W.F. Corroon consulting firm to provide assistance in the development and implementation of Section 125, Medical Spending Account, for members of the Deputy Sheriffs' Association. BACKGROUND: The County negotiating team, with the approval of the Board of Supervisors, offered to implement a Section 125, Medical Spending Account, pilot program to all eligible members of the Deputy Sheriffs' Association. The Deputy Sheriffs'Association agreed to participate in the pilot program. In order to insure proper implementation of the program and conformance with governmental regulations, the County contracted with the consulting firm of W.F. Corroon to assist in developing the plan design. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 9�--�9g y APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE __bL UNANIMOUS(ABSENT— AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD 0 ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. 'Contact: Lori Koch (6-4058) cc: Personnel-Benefits ATTESTED Ct C1 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY �, ` -� Q Q ,DEPUTY Contra Costa County Number Standard Form 1/87 SHORT FORM SERVICE CONTRACT Fund/Org f1334 1. Contract Identification. Account B 2310 Other #YPSA11 Department: CCC Personnel Department Subject: Section 125 Medical Spending Account 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: W. F. Corroon Corp. - Calif. (.Also known as P.F. Cor%jn) Capacity: A California Corporation xpayer 94-2673513 Address: 50 Fremont Street, 24th Floor San Francisco, CA 94105-2236 3. Term. The effective date of this Contract is February 1, 1994 and it terminates January 31, 1995 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 7,500.00 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] ' ( ) hour; or [ ] a. FEE RATE: $ per service unit: ( ) session, as defined below; or ( ) calendar (insert day, week or month) NOT TO EXCEED a total of service unit(s). ( J b. Payment in full after approval by the Department. RX] c. As set forth in the attached Payment Provisions'(See Attachment 1• Payment Provisions) 7. Contractor's Obligations. Contractor shall provide the following described services: (See Attachment 2: Service Plan) 8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. SHORT YOKM SKKViCt; WNi'KAGi Number 10. 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. 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 12. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the County, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract 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 Secretary, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, docu- ments, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. 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. 13. Feporting Requirements. Pursuant to Government Code §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. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for.any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servents, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CO CTOR 1 BY BY r` Designee Approved: County Administrator ( esignate official capacity) By Designee Recommended by Department By [Form approved by County Counsel] Attachment 1 PAYMENT PROVISIONS 1. The cost of providing the consulting services outlined in #1 of the Service Plan (see Attachment 2) will be based on the number of hours required to complete the project. The total cost of the project shall not exceed $4,000.00. 2. The fee for providing the consulting services outlined in #2 of the Service Plan (see Attachment 2) will be 5175.00/hour not to exceed a total cost of $3,500.00. t Initial `(Contractor) (County) Attachment 2 SERVICE PLAN 1. Assist Contra Costa County in setting up a Section 125 Medical Spending Account. Consulting services will include: ♦ Developing and recommending plan design for the health care spending account. ♦ Assisting the County in developing eligibility and coverage provisions specific to the spending account. ♦ Preparing illustrations of the advantages of utilizing the spending account for before-tax reimbursement of health care expenses and premium payments. ♦ Preparing a worksheet or folder for employees to: record and organize current year medical care expenses; project medical care expenses into the next year before making their elections; and itemize the major items deductible through the spending account according to the IRS and tax courts. ♦ Drafting a plan document for the flexible benefit plan which would include benefit and eligibility provisions and conform with governmental regulations. ♦ Finalizing the plan document following comments received from the County or its legal counsel. ♦ Preparing a brochure for use in communicating Section 125 benefits to County employees. 2. Assist the County in conducting open enrollment meetings and in interpreting the legality of specific reimbursement situations for Section 125 Spending Accounts. rA Initial /(Contractor) (County)