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HomeMy WebLinkAboutMINUTES - 04211998 - C24-C26 TO: BOARD OF SUPERVISORS William_Walker, M.D. , Health Services Director } B Ginger Marieiro, Contracts Administrator �` � s-�',�� Contra Costa DATE: Apr i 1 9, 1998 COU11tj/ SUBJECT. Medi-Cal Outpatient Consolidation - Specialty Mental Health Services SPECIFIC REQUEST{S)OR RECOMMENDATION{S)&BACKGROUND AND JUSTIFICATION I . RECo1+MILN33E13 ACTION: A. Approve the attached format for Medi-Cal Specialty Mental Health Services and authorize the Health Services Director, or his designee (Donna M. Wigand, LCSW) , to execute on behalf of the County, fee-for-service contracts with various providers through June 30, 1999; and B. Authorize the Health Services Director, or his designee ' (Donna. M. Wigand, LCSW) to add or delete contracts and make any necessary technical adjustments as necessary to maintain> compliance with State and Federal requirements. I I . FIRANCIAL IMPAC `: The State Department of Mental Health will transfer to County on an annual basis, a State General Fund allocation of $428, 111 to> provide specialty mental health services to Medi-Cal beneficiaries. This amount will bring an additional amount of $449, 694 of Medi-Cal Federal Financial Participation for a total. funding of $877, 795 . III . REA.SOMS FOR RECQI MC=AT OXS/BACXt R0U= On January 14, 1997, the Board of Supervisors adopted Resolution #97/17, authorizing the Health Services Director or his designee (Donna M. Wigand, LCSW) to contract with the State Department of Mental Health to assume responsibility for Medi-Cal specialty mental health services as of July 1, 1997. The implementation) date has since been changed to April 1, 1998 . Responsibility for outpatient specialty mental health services involves contracts with individual, group and organizational providers to deliver these; services. The attached format has been approved as to legal' form by the County Counsel ' s Office. CONTINUEDONATTA 'M SSIGN- RECOMMENDATION T R OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE --OTHER ACTION OF BOARD ON April 21, 1998 APPROVED AS RECOMMENDED X OTHER VOTE Of SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT — ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN _- OF SUPERVISORS ON THE BATE SHOWN, ATTESTED April. 21, 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF Contact P Donna Wigand (313-6411) SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services(Contracts) Risk Management Auditor Controller BY Contractor DEPUTY Contra Costa County Number St da.f'd,:Form 3/98 STANDARD CONTRACT Fund/Org # (Purchase of Services) Account # 1>. Contract Identification. Department: Health Services - Mental Health Division Subject: Medi-Cal Specialty Mental Health Services (individuals/Groups) 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and premise as follows: Contractor: Capacity: Taxpayer ID # Address: 3 . Term. The effective date of this Contract is April 1, 1998 and it terminates unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall net exceed $Not AMl.icable. 5. County's Obligations. County shall make to the Contractor those payments described in the Service plan attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Protect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Implementation. and administration of Managed Mental Health Care for Medi-Cal eligible residents of Contra Costa County. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities : 'Welfare and Institutions Code, Division 5, Chapter 4, Part 2.5, § 5775 et seer. ; welfare and Institutions Code, Division 9, Chapter 8.8, Article 5, § 14680-14685; California Code of Regulations (CCR) , Title 9, Chapter 11, § 1810.100 et seq, Code of Federal Regulations (CFR) , Title 42; United States Code, Title 42 and all other applicable laws and regulations. 10, Signatures. These signatures attest the parties' agreement hereto: CO"t7LVT'Y OF CON RA COSTA CALIF'ORNTA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman/Designee Deputy CONTR�ICTOE2 By By (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit) , the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code S 1190 and Corporations Code § 313) . All signatures must be acknowledged as set forth on page two. Contra Cosh Counry Standar$Farm(Rev. 1195) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COL79�- `COUNSEL By By� Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee AC&NOWLEDGMEN"T 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 persou(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,puuwnhip,or Tndivkluak) (Civil Cada 41189) SERVICE ?LAN Number: 1.. SERVIO SPSCIFICA:TIOM. A. Definitions. As used in this Contract, the following terms have the following meanings: (1) Contra Costa Mental Health Plan (CCM) means the Contra Costa County Health Services Department's Mental Health Division which is responsible for managing Medi- Cal specialty mental health services in Contra Costa County. (2) Beneficiary means a resident of Contra Costa County who is determined to be eligible to receive Medi-Cal benefits by the Contra Costa County Department of Social Services, the State of California or the Social Services Administration. (3) Crisis and Access Tears means CCMHP staff who will perform clinical screening, authorization and referral services. (4) Care Mgaagement Mit (CMU) means CCMHP staff who perform re-authorizations, concurrent/retrospective review of services, quality management, provider/customer relations, claims payment and other administrative tasks. (5) Authorization/Authorized means the procedure for obtaining prior approval of CCMHP, in accordance with the County's Mental Health Division's utilization management policies and procedures, for services to be provided to a Beneficiary. Only those services listed in the CCMHP Provider Manual may be Authorized. (6) Authorized Service means a specialty mental health service that has been Authorized, as set forth in paragraph 5. , above. (7) Excladed _Se_rvices means all services which are not listed in the CCMHP Provider Manual, or services for which .Authorization was not received prior to the service being provided, or services for which Authorization has been denied. (S) Medically Necessary means a service that meets the diagnostic, impairment and intervention criteria specified by the State Department of Mental Health and appended in the CCIMHP Provider Manual. (9) Contra Costa Mental Health Plan (CCMPI Prov`d r Manual means the contractor handbook developed by the Contra Costa Health Services Department's Mental Health Division, containing the policies and procedures of CCMHP. (1.0) Contractor means the individual or group indicated on the Signature Page of this agreement. Contractor is either: a. An Individual who meets all credentialing and licensing requirements of CCMHP as a psychiatrist, psychologist, clinical social worker or marriage and family counselor; or b. A Professional Group or Partnership organized in goad standing under the laws of the State of California, which Group or Partnership will provide professional services hereunder through its professional members or partners(s) who individually meet all credentialing and licensing requirements of CCMHP as a psychiatrist, psychologist, clinical social worker or marriage and family counselor and whose names are set forth in Attachment B. Initials: Contractor County Rept. l SERVICE P3N .: �r'i Number: B. Contrac Is Qbligations. (1) Provision of Mental Health Services Contractor agrees to provide to Beneficiaries all needed mental health services which are within the scope of practice of the Contractor's license and qualifications and which are Authorized by CCMHP. Referrals must be Authorized by CCMHP in accordance with the CCMHPPIs Provider Manual which is on file in the Mental Health Division's administrative office and which is incorporated herein by reference. Mental health services provided hereunder shall be consistent with accepted standards of care in Contra Costa County for the field of practice in which Contractor is licensed and engaged. (I) Authorization/Re-authorization for Services. The County will only Pay Contractor for Authorized Services rendered that were authorized in advance of the provision of service. County will not pay for Excluded Services, even though rendered. After the Crisis and Access Team refers Beneficiary to Contractor, County will. send Contractor written confirmation of Authorization by mail or by facsimile within three (3) business days. Fourteen (14) days prior to expiration of the current Authorization, Contractor must complete CCMHP Is Request for Additional Services Authorization form as set forth in the CCMHP Provider Manual. The CMU will review Contractor's request for additional services, approve or deny it, and send a written response to Contractor within five (5) business days of receipt of the request. (3) PrgMt Service Delivery. Contractor shall ensure that Authorized Services are available and accessible to Beneficiaries during reasonable hours of operation, with provisions for after-hoar advice and referral for urgent and emergency care as needed. Contractor shall return a phone call regarding a non-urgent matter 'within one (1) business day. Contractor shall offer an appointment to Beneficiary for an Authorized Service within ten (14) business days of contact by Beneficiary. in addition, Contractor shall cooperate with CCMHP's efforts to monitor and evaluate the accessibility of care to Beneficiaries. (4) Compliance with the CCMHP Prraeider Manual. Contractor agrees to retain a current copy of the CCMHP Provider Manual and to comply with all its provisions. County may modify the CCMHP Provider Manual from time to time by written notice to Contractor. In the event of a conflict between this Agreement and the CCMHP Provider Manual, the terms of this Agreement shall prevail. (5) Coordination with Other Services. Contractor shall coordinate the provision of Authorized Services to Beneficiary with all other mental health care, physical care, and substance abuse services rendered to Beneficiary, including exchanging appropriate clinical information with Beneficiary consent, in accordance with the CCMHP Provider Manual. (6) Inability to Provide Authorized: Services. in the event that Contractor is unable to provide the Authorized Services to Beneficiary, Contractor shall notify the Crisis and Access Team and/or the CMU immediately with an explanation of why Contractor cannot provide Authorized Service to Beneficiary. (7) Quality Assurance System. Contractor is solely responsible for the quality of services rendered to Beneficiaries. Contractor shall cooperate with and participate in CCMHP`s quality improvement programs, in the utilization of performance outcome measurements, and in all quality improvement oversight functions performed by CCMRP, as set forth in the CCMHP Provider Manual. Contractor shall maintain its own quality assurance system consisting of utilization review, peer review, and medication monitoring programs. (8) Credentialincr. Contractor shall comply with all CCMHP credentialing requirements set forth in the CCMIIP Provider Manual. Contractor shall respond in a timely manner to all requests by CCMHP or its agent for credential and license information. Any Contractor who is not in compliance with CCMHP`s credentialing requirements may not provide initials Contractor County Dept. 2 SERVICE PIAN OV11 Number: Authorized Services to Beneficiaries. In addition to Paragraph 5 (Termination) of the General Conditions, this Contract may also be terminated as set forth below: a. Termination re Creedent alines. In the event this Contract is effective prior to the completion of CC'MHP's credentialing of Contractor, this Contract shall immediately terminate in the event that: 1. CCMHP determines that Contractor noes not meet CCHMP's credentialing requirements; or 2. Contractor does not, as determined stalely by CCMHP, promptly provide to CCMHP all necessary and requested consents for the release of credentialing information or Contractor otherwise fails to cooperate with CCMHP's credentialing process. (9) Benefieiary Grievance Procedure. Contractor shall participate in CCMHP's Grievance Procedure set forth in the CCMHP Provider Manual. Contractor must post in Contractor's office the notice in the Provider Manual regarding the CCMHP Grievance Procedure. (10) ProgLam Evaluation. Upon request of CCMHP and/or the State of California, Contractor shall participate with CCMHP and/or State of California in evaluative studies designed to show the effectiveness of Contractor's program and services. (11) Disclosures. Contractor shall notify CCMHP, at 595 Center Avenue, Suite 200, Martinez, immediately in writing the occurrence of any one (or more) of the events listed below: a. Any professional license or certification of Contractor is suspended, revoked, terminated or subject to terms of probation or other restriction; b. Contractor is named in a disciplinary proceeding or action before an administrative agency in any state; C. Contractor's professional liability insurance is canceled, terminated, not renewed, or materially modified; d. Contractor learns, or reasonably should know, that it has become a defendant in a professional negligence action or is required, to pay damages in any such action by way of judgment or settlement; e. Contractor knows, or reasonably should know, that a felony complaint or indictment naming Contractor has been issued or filed; f. A petition is filed to declare Contractor bankrupt or for reorganization under the bankruptcy laws of the United States or a receiver is appointed over all or any portion of Contractor's assets; g. An action is taken to restrict, suspend or revoke Contractor's participation in Medicare or Medicaid; h. A Beneficiary submits a written complaint to Contractor; or i. Any other situation arises which could reasonably be expected to materially affect Contractor's ability to carry out its obligations under this Agreement. Initials: Contractor County Dept. 3 SE CE PLAN Number: C. Records. (1) Me3ical Records. Contractor shall maintain clear and complete medical records that reflect all services render to Beneficiaries, in accordance with all applicable statutory and regulatory requirements, in the same manner as for other patients of Contractor. Contractor shall maintain the confidentiality of information contained in such medical records in compliance with all applicable Federal and State Laws and Regulations regarding the confidentiality of patient records. Contractor shall further maintain a record of Beneficiary share of cost or other payments received from Beneficiary. (2) Availability of Records. Upon request, and <subject to any legally- required client consents, Contractor shall provide copies of Beneficiary medical record information to County and/or other treating physicians. Contractor shall provide to County copies of all records maintained by Contractor relating to the care of Beneficiaries under this Contract, to the cost of such services, and to all payments received by Contractor from Beneficiaries or others on their behalves. Contractor shall transmit Beneficiary mental health information by telephone to County for the purpose of authorizing services or for quality and utilization management activities of CCMHP. D. Miscellaneous. (1) Governing Law and venue/Partial Invalidity. This contract shall be governed by and construed in accordance with the laws of the State of California as amended, and if any provision of this Contract is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, unless the provisions held invalid or unenforceable shall substantially impair the benefits of the remaining portions of this Contract. (2) No Volume Guarantee. The County does not represent, warrant, or guarantee any minimum volume of patients or minimum enrollment of Beneficiaries to Contractor under this Contract. 2. PAYMENT A. Compensation and Billing. (1) Compensation to Contractor. County shall pay Contractor for Authorized Services in accordance with Attachment A (Rate Schedule) , which is attached hereto and incorporated herein by reference, less any financial obligation described in Paragraph 2. (Charges to Beneficiaries) and Paragraph 3. (Coordination of Benefits) below, as payment in full for all services rendered by Contractor pursuant to this Agreement. (2) Qgrges to Heeficiaries. Some Beneficiaries ,are required by State law to contribute to the cost of their care. When CCMMP authorizes services, it will notify Contractor as to Beneficiary payment obligation, if any. Contractor may bill Beneficiary for this amount and no more. County's financial liability hereunder is limited to that amount in excess of Beneficiary's share of cost, up to the rate for service shown in Attachment A (Efate Schedule) . In cases where Beneficiary's share of cost is unpaid, Contractor must provide County with all information necessary for County to bill Medi-Cal for the Authorized services. (3) Coordination of Benefits. When Beneficiary has mental health care coverage through another payor, Contractor must make its best efforts to obtain payment from that payor, including but not limited to, complying with the payor's authorization protocols. Contractor shall first bill the primary payor for any Authorized Services. County's financial liability hereunder is limited to that amount in excess of Payor's share of cost, initials: Contractor County Dept. 4 SERVICE PLAN 'S Number: up to the rate set forth in Attachment A (Rate Schedule) . in cases where Payor's share of cost is unpaid, Contractor must provide County with all information necessary for County to bill Medi-Cal ,for the Authorized Services. (4) Billincx Forms. Contractor shall bill County for payment within sixty (60) calendar days after the date Authorized Services) is/are rendered, in the manner and on such forms as specified in the CCMXP Provider Manual. (5) Time .for Payment. County will use best efforts to pay a properly documented bill within thirty (30) calendar days of receipt of said bill. in no event will. County be liable for the payment of interest or other fees for lata payments. B. Prescribed Medications and LaboratorZ Tests. (1) if Beneficiary is enrolled in a Medi-Cal health plan, County will not pay for any prescriptions or laboratory test(s) . Contractor shall ensures that prescriptions and laboratory tests covered by Beneficiary's Medi-Cal health plan are actually paid by the Medi- cal health plan. For those prescriptions and laboratory tests not covered by the Medi-Cal health plan, Contractor shall ensure that Beneficiaries receive those prescriptions and laboratory tests through the State Fee-for-Service Medi-Cal Program. (2) if Beneficiary is a Medi-Cal Beneficiary but is not enrolled in a Medi-Cal health plan, County will not pay for any prescriptions or laboratory test (s) . Contractor shall ensure that Beneficiaries receive their prescriptions and laboratory tests through the State Fee-for-Service Medi-Cal Program. initials: Contractor County Dept. 5 SPKC-M CONDITIONS Number Insurance. Paragraph 19 (Insurance) of the General Conditions is hereby modified by the following paragraph: 1119. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements: a. Liability Ins�La_n_ge. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $250,000 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 the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, 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 the Contractor's insurance policy or policies. b. Workers' Co Mensation. The 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. Professional. Liability Insurance. Throughout the term of this Contract, Contractor shall maintain professional liability insurance with a minimum coverage limit of $100, 000 per claim/$300,000 annual aggregate for all damages or losses because of errors, omissions, or malpractice arising from the provision of professional services under this Contract. e. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. " initials: Contractor County Dept x�.u�xs;c�rt�ri- A RATE SCHEDULE > o Z 0 C cn ul to to ul ro * 1A too too w w o to w to to w w to to X X 40 to to o to to Wo so O M m tow tow wwtoto wW 0w Wtogo 10400 reiCa ® c� cso � w w w to w w w to A na "N to Ut X Xo, o9t t» m as m Xi0 C9t cp qe "Ct tit p+ w tv -+ ••+ O e9 is4Aa. td N N -4 cm tri 4h at W CA W -► to (41 ca -r to —1 W -+ A.1hs1 N"31 t+i co .4 +fir N u V C') A WI-4101 0 sy m m MM OO Cit M F 00 o o m 'v c) -n -n - 5 --i --1 *q � < C < 4 c < < -, — C <C7 CD SYS W f') CL fit c? Sti W cr LV M 9u = W U! tdi tN 44 V! A> O to CD is? LLt ssa _ m In 0 {# Xp tDtt SL} 43 z z G.S. coXo ro US M Z Cit Z c 9:9.. C L � � W W < < G � � � X7` M� C1 _` "• � V .n. .« m 0 mur 4? 7y (Q t!J t!i KD W tV X7 .'. CI C7 O m SU S) .rC ¢t SS1 C7 .� or tail � (D 0 � P+ .+ a lb ci+` ca + n f�-'s KU tD Z Z :`co * vii p? su` . a c c a R +rs t7 C7 ar w W CD tro 9v 10 ca m tA aCD _ m co ux v7 �f m m w cn to as fA 4A 1604 4A 6$ 4A 444 w t7s ca css w ca X? tss w di w tss w (M to "n t CS d o © Q tJ+ Cs C7 C:7 C3 C1 O C3 G9 O G� C 00 m to �. C7 404 En fA 40 449 40 N91 fN m a N4000 0o C z m �' vs m 1W 40 40 44CL to ATT,ACEMNT B Number: PART=RS r .iyyq RS AND a7 Sl�Viti✓CiA►7 I . Name of Partners: II . Names of Members in Unincorporated Associatatidn: III . Shareholders : Initials: Contractor County Dept. c,oncra ;..osza t..ounry 5tandair'd Form 1187 GENERAL Q2NDIT ONO ' (Purchase of Services) 1. Gampiiance 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. 2. Insgecton. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government,the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retentim of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records ofContrattor,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 ftunishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written, request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination. a. 'Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. 1 »> >> GENMIXONDMON5 'a (Purchase of Services) b. Failure to Perform. The County,upon written notice to Contractor,may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for O erat ng Procedures. .Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and-Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and. the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements,. or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures(if any) required by the State or Federal Government. IQ. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra, Costa County, State of California. 2 ............................. GENERAL CONDITIONS (Purchase of Services) 11. Conformance with Federal and State-Re lations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereat this Contract shall be deemed amended to assure conformance with such Federal or State requirements.' 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractors 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 the Contractor's obligation to fulfill this Contract as prescribed: nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or 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. 17. Nondiscriminatory Services. Contractor agrees that all goads and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all 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, servants, 3 ::.;... kJC4.a.0 TUE V JU 1/6 l GENER&L C40N�#ITIONS (Purchase of Services) employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof; the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and neon-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 the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, 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 the Contrac- tor's insurance policy or policies. b. Workers' Cumpensatcn. The 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 coverageafforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificates) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty(30)days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy d General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions(if any) and Service Plan 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 of termination of this Contract, and waives all rights or claims to notice or bearing respecting any failure to continue purchase of all or any such services from Contractor. 4 ,ra,UU.a;v rnrn, al .UNI AL C�'3i:Y�3IT'IONS n (Purchase of Services) 23. Possessory Interest If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person,or if this Contract results in the placement of taxable improvements on tax exempt land(Revenue& Taxation Code Section 107), such interest or improvements may represent a possessory interest erect 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. Na Third-Party„Ben eficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-patty 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 Admini- strator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Centra 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 Supervisors or by taw to receive such views. 27. Required Audit. If Contractor is funded by$25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct ofthe federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A,-133 and by County. If Contractor is funded by$100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-requiredaudit annually and shall submit the audit to the County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 5 TO: BOARD OF SUPERVISORS William Walker, M.D. , Health Services Director FROM: By: Ginger Marieiro, Contracts Administrator `+�` �/ Contra [LATE: Api1 9, 1998 Costa County SECT: Approval of Standard Agreement ##29-500 with the State Department of Mental Health SPECIFIC REQUEST{S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMEMED ACTION Approve and authorize the Health Services ' Director, or his designee (Donna Wigand, LCSW) to execute on behalf of the County, Standard Agreement #29-500 (State #97-77230) , with the State of California, Department of Mental Health, for the period from April 1, 1998 through June 30, 2000, with a FY 97-98 payment limit of $496,211, to implement and administer Medi.-Cal specialty mental health services for eligible residents of Contra Costa County. II . FINANCIAL IMPACT: The State allocation for Medi-Cal specialty ' mental health> services, for the FY 97-98, is as follows: $107, 025 outpatient mental health services $389,1.85 Inpatient mental health services $456,211 TOTAL III . REASONS FOR RECC►MjZNDATIONS jBA.CKGR2UND On January 14, 1997, the Board adopted Resolution No 97117,; authorizing the Health Services Department's Mental Health Division to assume responsibility, for Fee-for Service Medi-Cal specialty mental health services as of July 1 , 1997. The implementation date for this transfer has since been changed to April 1, 1998 . Approval Standard Agreement ##29-500 is necessary to finalize the transfer of funding and responsibility for Fee-for Service Medi-- Cal specialty mental health services from the State Department of > Mental Health to the Health Services Department' s Mental Health Division. Three, , sealed/certified copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State Department of Mental Health. 99NTINUED ON ATTACHMENT.- SlIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR€?COMMITTEE APPROVE OTHER ACTION OF BOARD ON _ c f L_L APPROVED AS RECOMMENDED OTHER VOT F SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT I AND CORRECT'COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED PHILHEI R,C ERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ContactPerson: Donna Wigand (313-6411) CC: State Department of Health Services Health Services Dept (Contracts) ` BY— t IA 6 DEPUTY t` TO: BOARD OF SUPERMSORS ° V William Walker, M.D. , Health Services Director , FROM: By: Ginger Marieiro, Contracts Administrator Contra Costa DATE: April 9, 1998 County SUBJECT: Approval of Standard Agreement #28-602-1 with the State Department of Health Service SPECIFIC REQUEST(S)OR RECOMMENDATION{S}&BACKGROUND AND JUSTIFICATION RECQ��?ATION( ) Approve and authorize the Health Services * Director, or his designee (Wendel. Brunner, M.D. ) to execute, on behalf of the County, Standard Agreement #28--502-1 (State x#97-11986) with the State Department of Health Services, for the period from October 1, 1997 through September 30, 1998, for the "on the move with Foodwise" Project. FISCAL IMPACT: Approval of this Standard Agreement will result in $79, 771 from the State Department of Health Services, during the period from October 1, 1997 through September 30, 1998 . No County funds are; required. CHILDRENg IMPACT STATEl►UM: The "On the Move with Foodwise" Project supports two of Contra Costa County' s community outcomes : (1) "Children' Ready for and Succeeding in School" and (2) "Children and Youth Healthy and Preparing for Productive Adulthood" , by improving the nutrition of low income children and families in selected Contra Costa'> communities. It is anticipated that the program outcomes under' this Project would relate to children eating healthier foods, increasing their ability to stay in school, and leading a healthier adult life . CONJINUED ON ATTACIIMLNT,, YLS' XX s N UR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD O APPROVED AS RECOMMENDED ; +f OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRITE UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED n ti PHIL B�LOR,CLERK OF THE BOARD OF SUPERVISOR AND COUNTY ADMINISTRATOR ContactPeTson: WendelBrunner (313-6712) CC: State Dept of Health Services f Health Svcs Dept (Contracts) sR _k A—/ BY DEPUTY t Board order Page 2 BACKGROUND/REASONS FOR RECOMMENDATION(S) On September 23, 1997, the Board of Supervisors approved Standard Agreement #28-602 (State #96-271.02) with the State Department of Health Services, for the period from October 1:, 1996 through September 1, 1997. This allowed the Departments Community Wellness and prevention Program and the Food and Nutrition Policy Consortium to provide nutrition education to Contra Costa County food assistance recipients through classes and workshops, as well as, through existing community channels, such as after school programs and :food distribution sites . The goal of the project is to improve nutrition and physical well-being among a segment of Contra Costa County's population., who are at an increased risk of chronic disease. Approval of Standard Agreement #28-602--1 will continue the Foodwise project under the new name of "On the Move with F"oodwise" project through September 30, 1998 . Three certified and sealed copies of this Board Order should be returned to the Contracts and Grants Unit .