HomeMy WebLinkAboutMINUTES - 07121994 - 1.69 TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts Administra Costa
DATE: June 24, 1994 County
SUBJECT: Approve Standard Agreement (Amendment) #29-203-56 with the State
Department of Health Services for the Women, Infants and Children
Sunplemental Food Proaram (WIC)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute
on behalf of the County, Standard Agreement (Amendment) #29-203-56
(State #93-17682-A2) with the State Department of Health Services,
effective March 1, 1994, for the Supplemental Food Program for
Women, Infants and Children (WIC) .
II. FINANCIAL IMPACT:
This amendment formally encumbers $145, 905 in State funding
(Federal funds) for the WIC Program, for a new total of $1, 148, 818,
for the 1993-94 Federal Fiscal Year. No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The WIC Program is a nutrition education, counseling, and food
supplement program for low-income, pregnant, postpartum and breast-
feeding women, infants and children at nutritional risk, and is
mandated under the Community Health Services Division of the State
Department of Health Services.
The State has notified the Department of a supplementary award of
$145, 905 to support a revised caseload of 12, 000 (or 2, 000
additional) clients. Standard Agreement (Amendment) #29-203-56
formally encumbers the additional monies and allows minor revisions
to line items in the budget.
The Board Chair should sign eight copies of the agreement, seven of
which should then be returned to the Contracts and Grants Unit. In
addition, three certified/sealed copies of the Board Order should
be returned to the Contracts and Grants Unit for submission to the
State Department of Health Services.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Q �
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
J UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED la
Auditor-Controller (Claims)
State Dept. of Health Services Phil atchelor,Clerk of the Board of
Supenrisars std County AdmML*aW
M3e3/�-es BY — dam l�a.�SLa�J DEPUTY
STATE OF CALIFORNIA
:' APPROVED BY THE - CONTRACT NUMBER AM.No.
STANDARD AGREIEMENT.. ,; 'ATTORNEY.-,9IsNEFiQ4 s3-17682 A2
STDZ(REV.5-91) �O .. `• .._ '. F.`. .. i..
Y TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 1 St day of March 19 94 ,
in the State of California,by and between State of California.through its duly elected or appointed,qualified and acting 94-6000509
TITLE OF OFFICER ACTING FOR STATEAGENCY
Chief Pro ram Support Branch D artment of He 114 Services hereafter called the State,and
CONTRACTOR'S NAME ® ® ® ,hereafter called the Contractor.
Contra Costa County Health Services 0
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,does
hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for
performance or completion,and attach plans and specifications,if any.)
1. In that certain agreement between the State and the Contractor, dated October 1, 1993 and amended October 1, 1993:
A. Paragraph 3, MAXIMUM AMOUNT PAYABLE, Page i of 9, Subparagraph (a), is amended to read:
"3 (a) The maximum amount payable by the State to the Contractor under this contract shall not exceed
$1,148,818."
B. Paragraph 6, ADDITIONAL PROVISIONS/EXHIBITS, Page 3 of 9, Subparagraph (b), is amended to read:
"6 (b) The attached EXHIBIT C2, consisting of four pages and entitled "CALIFORNIA WIC PROGRAM - PROJECT
BUDGET AMENDMENT", is incorporated herein and made a part hereof by this reference."
Henceforth, all references to EXHIBIT C1 in this agreement shall be referred to as EXHIBIT C2.
CONTINUED ON 4 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA _ CONTRACTOR
AGENCY CONTRACTV'(f cr fhen an Irdlvldle(awlfm.a rponaflar,pamtershlP•etc.)
Department of Health Services C..•r iv. .:, County. alth Servic
BY(AUTHO D SIGNATURE - BY(AUTSIG TORE)
46
PRINTED NAME OF P SON SIGNING "PRINTED NAME AND TITLE OF PERSON SIGNING
EDWARD E.SiANLRERG CHIEF Chair, Board of Supervisors
TITLE - ADDRESS
Chief, Program Support Branch 651 Pine Street, Martinez, California 94553
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT
20 Health Care Services Federal Use Only
$ 145,905 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR I° RM POLICY IsllOrf.^.r
THIS CONTRACT Federal Catalog 10.557
Department of General Services
$ 1,002,913 ITEM CHAPTER STATUTE FISCAL YEAR APPROVED
TOTAL AMOUNT ENCUMBERED TO
DATE 4260-111-890 55 1993 93-94
OBJECT OF EXPENDITURE(CODE AND TITLE) AUG 0 3 1994
$ 1,148,818 93-52421-4999-741-03-105575-93
I hereby cerllly Won my ovm personal knowledge that budgeted f nde ate avallade for the perlod and T.BA NO. B.R.NO. BY .•t..."+,...
purpose of the wperdltum stated above.
S TU ACCOUNTING f>FFItS RKY
`1�^� Ass%Chl Sf
1.J �r
CONT CT R STATE AGENCY DEPT.OF GEN.SER. CONTROLLER
AUG 9 19%
STATE OF CALIFORNIA
STANDARD AGREEMENT .
STD.2(REV.5-91)(REVERSE)
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and. all contractors,
subcontractors, materialmen, laborers-and any other person, firm or corporation furnishing or supplying
work services, materials or supplies in connection with the performance of this contract, and from any and
all claims and losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the state. The cost to the State shall be deducted from any sum due the Contractor under this
agreement, and the balance, if any, shall be paid the Contractor upon demand.
4. Without the written consent of the state, this agreement is not assignable by Contractor either in whole or
in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor,as provided herein, shall be in compensation for all of Contractor's
expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly
so provided.
t.
1
Contra Costa County Health Services
93-17682-A2
C. Paragraph 7, SERVICES TO BE PROVIDED, of EXHIBIT B, Page 4 of 6, Subparagraph (c), is amended to
read as follows:
7 (c) Contractor agrees to distribute food vouchers to 12,000 participants monthly. The State will provide
the Contractor with the necessary food vouchers."
D. Provision 3, PROCUREMENT REQUIREMENT, and Provision 5, FURNISHING OF PROPERTY BY THE
STATE OR PURCHASE OF PROPERTY WITH STATE OR FEDERAL FUNDS, of Exhibit A(F), pages 2 and
3, are amended to read as follows:
"3. PURCHASING/PROCUREMENT RULES
A. Units of local government and public entities (including the Universities of California), whether a
contractor or subcontractor, may utilize their existing procurement systems to secure all articles,
supplies, equipment (including EDP/ADP and telecommunications), motor vehicles, and services
required in the performance of this contract without regard to dollar limit, subject to the provisions
stipulated in the subparagraphs C through G of this section. The provisions appearing in subparagraph
B may be applicable if purchases are subdelegated to subcontractors which are either private vendors
or nonprofit organizations.
B. 1. All other contractors and subcontractors (nonprofit organizations and private vendors) may
utilize their existing procurement systems to secure all articles,supplies,equipment(including
EDP/ADP and telecommunications),motor vehicles,and services required in the performance
of this contract up to an annual maximum of $50,000, subject to the provisions stipulated in
all of the following subparagraphs of this section.
2. All other contractors or subcontractors (nonprofit organizations and/or private vendors) shall
utilize a procurement system that meets the following standards:
a. Maintain a code or standard of conduct that shall govern the performance of its officers,
employees, or agents engaged in awarding procurement contracts. No employee,
officer, or agent shall participate in the selection, award, or administration of a
procurement contract in which, to his or her knowledge, he or she has a financial
interest.
b. Procurements shall be conducted in a manner that provides, to the maximum extent
practical, open and free competition.
c. Procurements shall be conducted in a manner that provides for all of the following:
1. Avoidance of the purchasing of unnecessary or duplicate items.
2. Solicitation for capital expenditures shall be based upon a clear and accurate
description of the technical requirements of the goods to be procured.
3. The taking of positive steps to utilize small, minority, women, or veteran owned
businesses.
—2—
Contra Costa County Health Services
93-17682-A2
3. If at any time during any fiscal year of the contract the Contractor's or subcontractor's capital
expenditure(capital equipment)line item exceeds$50,000,the Contractor and/or subcontractor
may procure all equipment up to the $50,000 annual limit. To secure all items above this limit
the Contractor shall make arrangements through the State to have all of the subsequent
equipment purchased through the Department of General Service's Office of Procurement.
The Contractor shall submit to the State a list of equipment specifications for those items for
which the State must arrange the procurement. The cost of said equipment purchased by or
through the Office of Procurement shall be deducted from the funds available in the contract.
The State may pay the vendor directly for such arranged equipment purchases and title to the
equipment will remain with the State. The equipment will be delivered to the Contractor's
address as stated in the contract unless the Contractor notifies the.State of an alternate
delivery address in writing.
C. 1. Prior written authorization from the State will be required before the Contractor will be
reimbursed for any purchase order or subcontract exceeding$2,500 for any articles, supplies,
equipment,subcontract, services or for any fee for consultant fees of three hundred fifty dollars
($350) or more per day. The Contractor must provide in its request for authorization all
particulars necessary for evaluating the necessity or desirability of incurring such cost and the
reasonableness of the price or cost. The terms "purchase order" and "subcontract" as used
in this paragraph only, exclude: (a) purchase, orders not exceeding $2,500, and
(b) subcontracts or purchase orders for public utility services at rates established for uniform
applicability to the general public.
2. For purchases of any articles, supplies, equipment, services or consultant fees exceeding the
amounts stipulated in paragraph C 1, three competitive quotations must be submitted with the
request, or the absence of bidding must be adequately justified.
3. Before equipment purchases made by the Contractor and/or subcontractor are reimbursed by
the State, the Contractor must submit copies of paid vendor receipts identifying the purchase
price, description of the item, serial number, model number and the Contractor must identify
the location where the equipment will be used during the term of the contract. The paid vendor
receipts are to be attached to the Contractor's invoices submitted to the State.
D. The Contractor and/or subcontractor must maintain a copy or narrativedescriptionof the procurement
guidelines, rules, or regulations that will be employed in making purchases under this agreement. The
State reserves the right to request copies of these documents and to inspect the purchasing practices
of the Contractor and/or subcontractor at any time.
E. The Contractor and/or subcontractor must maintain copies of documents,''bids and other information
used in vendor selection. Sole source procurement justifications shall also be maintained on file by
the Contractor and/or subcontractor for inspection or audit by the State.
F. The State shall reimburse any State, local sales or use tax legally assessed on purchases, parts
supplied, and services rendered in support of this agreement. All other taxes, including federal excise
taxes, directly or indirectly arising out of the performance of this agreement shall be the Contractor's
and/or subcontractor's responsibility.
G. The State may, at its sole discretion, withhold, cancel or retract purchase delegation authority granted
under paragraphs A and B of this section with no less than 30-calendar days written notice to the
Contractor."
-3-
Contra Costa County Health Services
93-17682-A2 -
"5. OWNERSHIP/DISPOSITION OF EOUIPMENT/PROPERTY PURCHASED UNDER CONTRACT OR
FURNISHED BY THE STATE
A. All equipment, material, supplies, or property of any kind purchased from contract funds or furnished
by the State under the terms of this contract and not fully consumed in the performance of the contract
shall be the property of the State.
B. Title to State property shall not be affected by its incorporation or attachment to any property not owned
by the State.
C. Unless otherwise stipulated, the State shall not be under obligation to pay the cost of the restoration
or rehabilitation of the Contractor's or subcontractor's facility which may be affected by the removal of
any State property.
D. The Contractor shall maintain and administer, according to State directives and sound business
practices, a program for the utilization, maintenance, repair, protection, and preservation of State
property.
E. State property, equipment and vehicles purchased by the Contractor with contract funds or provided
by the State shall be used only for the performance of this contract.
F. Contractor shall submit an annual inventory of equipment furnished and/or purchased under the terms
of this contract. The State may prescribe the inventory formats and/or may supply applicable forms
for this purpose.
G. Within 30 calendar days of the termination or end of this contract, the Contractor shall provide a final
inventory to the State and shall at that time query the State as to the State's requirements, including
the manner and method, in returning said equipment or property to the State. Final disposition of such
equipment shall be at State expense in accordance with instructions from the State to be issued
immediately after receipt of the final inventory.
H. Motor Vehicles
1. If motor vehicles are purchased by contract funds or supplied by the State, within 30 calendar
days of the end or termination of this contract, the Contractor shall return such vehicles to the
State and shall deliver all necessary documents of title to enable the proper transfer of marketable
title to the State.
2. If motor vehicles are purchased by the Contractor or provided by the State, the State shall be the
legal owner of said vehicles and the Contractor shall be the registered owner.
3. Contractor agrees that all operators of purchased or supplied motor vehicles shall hold a valid
State of California driver's license. In the event 12 or more passengers are to be carried in any
one vehicle, a Class 2 driver's license will also be required.
4. The Contractor shall provide and maintain and shall require its subcontractors, if applicable, to
provide and maintain the following type and amount of automobile liability insurance during the
term of this contract if any motor vehicle is purchased with contract funds or provided to the
Contractor by the State during the term of this contract:
-4-
Contra Costa County Health Services
93-17682-A2
a. Automobile Liability Insurance. The Contractor, by signing this agreement hereby certifies
that it possesses or will obtain automobile liability insurance in the amount of$500,000 per
occurrence for bodily injury and property damage. Said insurance must be obtained and
made effective upon the delivery date of any motor vehicle to the Contractor.
b. If required by the State, the Contractor agrees to furnish the contract manager copies of
certificates of insurance.
C. Contractor agrees that automobile liability insurance, as required herein, shall remain in
effect at all times during the term of this contract or until such time as the motor vehicle is
returned to the State.
d. Contractor agrees to provide, if required by the State, at least 30 days prior to said
expiration of insurance coverage, a copy of a new certificate of insurance evidencing
coverage, as indicated herein, for not less than the remainder of the term of this contract.
e. Contractor must provide evidence, as stipulated by the State, that any required certificates
of insurance contain the following provisions:
1. The insurer will not cancel the insured's coverage without 30 days prior written notice
to the State.
2. The State shall be named as additional insured, but only insofar as the activities of this
contract are concerned.
3. The insurance carrier shall notify the State in writing of the Contractor's failure to pay
premiums; its cancellation of such policies; or any other substantial change, including
but not limited to the status, coverage, or scope of the required insurance.
f. The Contractor is hereby advised that all required copies of certificates of insurance may be
subject to the review and approval of the Department of General Services, Office of
Insurance and Risk Management. The Contractor shall be notified by the State if this
provision is applicable to this contract."
2. Growth and Integration
A. In recognition of Contractor's need to develop WIC Program infrastructure and plan for continued growth and
integration,the Contractor has been allocated additional administrative funds,which are incorporated throughout
the Exhibit C2.
B. Contractor agrees to use these funds for the development of infrastructure, and for growth and integration
activities, particularly those necessary for the expansion and targeting of WIC Program services to underserved
populations. Contractor agrees that all infrastructure development, and growth and integration activities, will
be in accordance with Contractor's proposal for such activities, entitled "GROWTH AND INTEGRATION
NARRATIVE", submitted to and accepted by the WIC Branch, and not attached hereto but incorporated herein
by reference only.
3. The effective date of this amendment is March 1, 1994.
4. All other terms and provisions of said agreement remain in full force and effect.
—5—
EXHIBIT C2
CALIFORNIA WIC PROGRAM - PROJECT BUDGET AMENDMENT
Contractor: Contra Costa County Health Services Contract Number: 93-17682-A2
Contract Period: 10/01/93-09/30/94
A. PERSONAL SERVICES
Monthly Prior Total Prior Adjustment Total Total Per
Percent Salary Approved Line-Item Effective Per Numbered
Position Time Rate Amount Transfers 03/01/94 Position Line-Item
Project Director 80- $4,000- $ 41,676 $ -0- $ (319) $ 41,357
100 5,400
Nutritionists 300- 3,000- 108,418 -0- $19,639 $128,057
500 4,000
Home Economists 300- 2,700- 118,800 -0- $ 5,231 $124,031
500 3,300
Clerical 1400- 1,448- 339,462 -0- $34,584 $374, 046
1600 3,400
Accounting 20 3,000- 7,500 -0 $ 180 $ 7,680
Technician 3,400
Registered 700 hrs. 9.00- 8,000 -0- $ 4,706 $ 12,706
Nurse/LVN 33.00/hr.
Extra Help and 50- 1,529- 10,100 -0- $ 9,236 $ 19,336
Translators 400 2,906
Public Health 50- 1,682- -0- -0- $ 6,500 $ 6,500
Aides * 300 2,146
* Position effective for 6 months (March 1, 1994 to September 30, 1994) .
1. Total Salaries and Wages: $633,956 $ -0- $ 79,757 $ .713,713
2. Total Fringe Benefits: $209,467 $ -0- $ 16,912 $ 226,379
Total Personal Services: $843,423 $ -0- $ 96,669 $ 940,092
Page I- of 4
EXHIBIT C2
Contractor: Contra Costa County Health Services Contract Number: 93-17682-A2
B. OPERATING EXPENSES
Prior Total Prior Adjustment Total Per
Approved Line-Item Effective Numbered
Amount Transfers 03/01/94 Line-Item
3. Travel and Per .Diem: $ 9,000 $ -0- $ 1,928 $ 10,928
Mileage and per diem shall
not exceed current State rates.
4. Equipment Purchase (List $ 50 $ -0- $ 9,949 $ 9,999
Items & Cost) : Subject to separate
written approval by State WIC Branch
prior to expenditure of funds.
2 Fax machines @ $600 ea. _ $1,200
11 Workstations @ $799.91 ea. _ $8,799
ON
10
01, VZ1
Page 2 of 4
EXHIBIT C2
Contractor: Contra Costa County Health Services Contract Number: 93-17682-A2
B. OPERATING EXPENSES (Continued)
Prior Total Prior Adjustment Total Per
Approved Line-Item Effective Numbered
Amount 'Transfers 03/01/94 Line-Item
5. General Expense: $ 78,248 $ -0- $ 6,043
Prior
Subline-
Item Total Prior Adjustment Total
Approved Subline-Item Effective Per
Amount Transfers 03/01/94 Subline-Item
a. ADP Services. . . . . . . . . . $ -0- $ -0- $ -0- $ -0-
b.- Space Utilization. . . . . $ 63,003 $ -0- $ 3,857 $ 66,860
Pittsburg:
1,712 sq.ft. @ $.23- .43/sq.ft.
X 9 mos. _ $ 3,544
2,500 sq.ft. @ $1.25-1.35/sq.ft.
X 3 mos. _ $9,380
Concord•
1,866 sq.ft. @ $1.22-1.60/sq.ft.
X 5 mos. _ $11,458
2,433 sq.ft. @ $1.22-1.60/sq.ft.
X 7 mos. _ $20,853
Richmond•
4,338 sq.ft. @ $.32-.38/sq.ft.
X 12 mos. _ $18,122
Associated Space Costs
e.g. , utilities,
security, insurance,
maintenance, janitorial,
etc. _ $3,503
c. Supplies. . . . . . . . . . . . . . $ 3,851 $ -0- $ 1,122 $ 4, 973
d. Communications. . . . . . . . $ 10,010 $ -0- $ 515 $ 10,525
(postage/telephone)
e. Equipment Use Allowance/
Rent/Lease/Repair/
Maintenance. . . . . . . . . . . $ 1,384 -0- $ 549 $ 1,933
f. Inventory-Controlled,
Non-Equipment Items. . . $ -0- $ -0- $ -0- $ -0-
office furn./machines,
less than $500/unit.
g. Inventory-Controlled,
Non-Equipment Modular
Office Furniture. . . . . . $ -0- $ -0- $ -0- $ -0-
Subject to separate
written approval by
State WIC Branch prior
to expenditure of funds.
5. Total General Expenses: $ 84,291
Page 3 of 4
EXHIBIT C2
Contractor: Contra Costa County Health Services Contract Number: 93-17682-A2
B. OPERATING EXPENSES (Continued)
Prior Total Prior Adjustment Total Per
Approved Line-Item Effective Numbered
Amount Tranfers 03/01/94 Line-Item
6. Breastfeeding Promotion/Support: $ 2,992 $ -0- $ 1,500 $ 4,492
7. Nutrition Education: $ 2,484 $ -0- $ 9,914 $ 12,398
S. Other: $ 4,288 $ -0- $ 11,609
Prior
Subline-
Item Total Prior Adjustment Total
Approved Subline-Item Effective Per
Amount Transfers 03/01/94 Subline-Item
a. State Committee
Meetings. . . . . . . . . . . . . $ -0- $ -0- $ -0-
Mileage and per diem
for travel, and
expenses for related
activities. Travel
reimbursement shall
not exceed current
State rates.
b. Special Projects. . . . . . $ -0- $ -0- $ -0-
c. All Other. . . . . . . . . . . . . $ 4,288 $ -0- $ 11,609 $ 15,897
e.g. , duplicating,
audit, insurance,
outreach, translator,
membership fees, etc..
8. Total Other: $ 15, 897
9. Indirect Costs/Administrative Overhead $ 62,428 $ -0- $ 8,293 $ 70,721
(List Components:)
Personnel, Administration, Audit,
Security, Payroll
Total Operating Expenses: $ 159,490 $ -0- $ 49,236 $ 208,726
Total Personal Services: $ 843,423 $ -0- $ 96,669 $ 940, 092
Total Operating Expenses: $ 159,490 $ -0- $ 49,236 $ 208,726
TOTAL BUDGET: $1,002,913 $ -0- $145,905 $1,148,818
Page 4 of 4