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HomeMy WebLinkAboutMINUTES - 05251999 - C81-C85 S j �♦._ C.9. TO: BOARD OF SUPERVISORS FROM, William Waller, M.D. , Health Services Director COP1$t`a By: Ginger Marieiro, Contracts Administrator May 12, 1999 Costa County SUBJECT: Approval of Contract ,#26-292-3 with West Contra Costa Transit Authority SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) : Approve and authorize the Health Services Director,, or his designee (Frank Puglisi, Jr. ) to execute on behalf of the County, Contract #26-292-3 with Nest Contra Costa Transit Authority", for the period from May 1, 1999 through April 30, 2000, in the amount of $31,253, to provide fixed route bus transportation services' between County's Health Center in Richmond and Contra Costa Regional Medical. Center. FISCAL IMPACT: This. Contract is funded by Enterprise I in the Health Services Department's Budget. BACKGROUND JREASON(S) FOR RECOMMENDATION(S) : On April 28, 1998 the Board of Supervisors approved Contract #26-292-2 , with West Contra. Costa Transit Authority, for the period from May 1, 1998 through April 30, 1999, for the provision of fixed route bus transportation services. Approval of Contract #26-292-3 will allow the Contractor to continue providing services through April 30, 2000. CONTINUED ON ATT& HLAENT: S SIO AIVERE ✓ RECOMMENDATION OF COUNTY ADMINISTRATOR —-- RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER 29NAT R : , ACTION OF BOARD ONy 25, x.999 --_- APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT_NO ) 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_May 25, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Frank Puglisi, jr. (370--5.100) CC: Health Services(Contract) Auditor-Controller Risk Management BY e . /" % , DEPUTY Contractor TO* BOARD OF SUPERVISORS FROM; William Walker, M.D. , Health Services Director , Contra By. Ginger Marieiro, Contracts Administrator Costa DATE. May 12, 1999 County SUBJECT: Approval of Contract #27-274-2 with Jong Dae Kim, M.D. , Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION Approve and authorize the Health Services Director, or his designee (Milt Camhi) , to execute on behalf of the County, Contract 427-274-2 With Jong Dae Kim, M.D. , Inc . , for the period from February 1, 1999 through January 31, 2000, for the provision of professional health care services for the Contra Costa Health Plan, to be paid as follows . a. For Medi.-Cal and Commercials Members County shall pay Contractor those rates set forth in the Medi-Cal Schedule of Maximum Allowances in effect on August 1, 1998. In the event rate increases are subsequently approved by the State of California and are included in the County's Health Plan capitated payment, County will thereafter increase the rates County pays to Contractor accordingly. b. For Medicare members: Services for members who are Medicare recipients will be reimbursed at the Medicare rate of payment. Physician will bill Medicare as primary payor and County will pay Medicare-required copayments and deductibles for Medicare approved services. FISCAL IMPACT: -:.his Contract is funded by Contra Costa Health Plan (Health Plan) member premiums . Costs depend upon utilization. As appropriate, patients and/or third party payors will be billed for services. BACKGROUNDZREASON(S) FOR RECOMMENDATION(S) : On January 27, 1998 , the Board of Supervisors approve. Contract #27- 274-1. with Jona .Dae Kim, M.D. , Inc . , for the period from February 1, 1998 through January 31, 1999, for provision of professional health care services to the Health Plan. The Health Plan has an obligation to provide certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Approval of this Contract ##27-274-2 will allow the Contractor to continue to provide professional health care servicesthrough January CONTINUED ON ATTACHMENT: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER -SIGNAI ACTION OF BOARD ON = Y t 1999 _ APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT Nt7n ' } 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_Nlav 25, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF Milt Cacthi {313-60C ) SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person. CC Health Services(Contacts) Risk Management Auditor Controller BY`L?. l bEPUTY Contractor TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director ;.�,.. ContraHy: Ginger Marieiro, Contracts Administrator May 12, 1999 Costa TATE: County SUBJECT, Approval of Contract 124-985 with Gerald Lutovich M.D. SPECIFIC REQUEST(S)OR RECOMlMENDATIbM(S)&BACKGROUND AND JUSTIFICATION RECOMMEND TION1 (R) Approve and authorize the Health Services Director, or his designee (Donna Wigand) to execute on behalf of the County, Contract #24-985 With Gerald Lutovich, M.D. , for the period from April 1, 1999 through March 31, 2000, in the amount of $99,840, for the provision of mental health consultation, education, and liaison services to County's Primary Care Providers. FISCAL IMPACT: This Contract is funded by County/Realignment funding, off-set by third party billing. RACXG1_tCUND TREASON(S} FOR--RECOMMENDATION(S) Under California Code and Regulations (CCH.) Title 9, Chapter 11, Section 1810.415(a) the State Department of Mental. Health required the Menta. Health Plan to provide greater access to mental health services for County's patients. Primary Care Providers frequently do not have the necessary expertise to provide Mental Health services. Under this Agreement, the Contractor will design and implement a "Consult Liaison" Program for County's Primary Care Providers to receive can-going education and mental health consultation from qualified Mental Health Specialists whenever the need arises, Under Contract #24-985, Gerald Lutovich, M.D. Will provide mental health consultation, education, and liaison services to County's Primary Care Providers through March 31, 2000. CONTINUED ON ATTACHMENT: S —SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNAT ACTICM OF BOARD ON yy 25, 1999 -- APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X _ UNANIMOUS (ABSENT None ) 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 MU 25, 1999_ PHIL BATCHELOR,CLERK OF THE BEARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Donna. Wigand, L.C.S.W. (313-6411) CC: health Services(Contract) Auditor-Controller Risk Management By . ���Y�#�v.-� DEPUTY Contractor T0: BOARD OF SUPERVISORS � �4 �r� FROM: 41liam Walker, M.D. , Health Services Director � =;�� Contra By: Ginger Marieiro, Contracts Administrator Costa DATE: May 12, 1999 County SUBJECT: Approval of Agreement #23-208-3 with Bethel Lsiard Fire Protection District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) : Approve and Authorize the Chair, Board of Supervisors, on behalf of its Health Services Department and its Bet hel Island' Fire P rotectio Distract, to execute Agreement #23-208-3 , in the amount of $106, 161, for the period from July 1, 1595 through June 30, 2000, for provision of fire paramedic first responder services in the Bethel Island Fire Protection District . FISCAL IMPACT: Source of funding for this Contract is CSA EM-1 (Measure H) . BACKGROUND/REASON(S) FOR RECOMMENDATION(S) : In October 1996, the Board of Supervisors authorized the Bethel Island Fire Protection District, in conjunction with the Department ' s Emergency Medical. Services, to undertake a one-year pilot paramedic program utilizing part-time paramedic/firefighters as ncn-transport ing first responder personnel . The Board of Supervisors subsequently approved agreements which allowed the continuation of this program through June 30, 1959 . This program has been well received by the community within the Bethel island Fare Protection District and funding 'Is available for the 1999-2000 Fiscal Year. Approval of Agreement #23-208-3 will allow these services to continue through June 30, 2000 . r t CONTINLIN ATTACHMENT; YES SIGNATURE 4 � m RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE A- APPROVE OTHER ACTION OF BOARD ON Ngy_25, 12 APPROVED AS RECOMMENDED Y OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ASSENT 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 Iry 25, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CcantactF'erscsn: William Walker, M.D. (3705007) CC: health Services(Contracts) Risk Management Auditor Controller BY "? ,m; r DEPUTY Contractor CO2"COM Cassety l+ttsznber 3a s�. Accotmt Other # 1. Cczxtax� fes—' t�����ttictz�, Dspartuwntr Realth fervioass - 3tmetrgaency Medical services Subject: Rmergency Medical Services -- First Responder (Paramedic) 2. pArtiag. Thus Cc=ty of C'c=tra Costa, California (County) , for its vepart =t named above, and the following named contractor w4tual.l.y agues and pressen as icaIlow e Contractorr? 2XTM XSZA it rXXX V20TV== DXB'i'i RCT C*Pacaitys County Q0v0r=MUt&2 liisetrict ilddresa a 3045 Ranch Lan*, Bethel Island. California 34sil mailing Adit'ese>de: P.O. Box 623, Bethel Isla'nd. Calitornia 94511 3. - The of€6ctivu dats of this Cvactr &ct is terminates -Mase sal. 2200 sass seavner terminated an pry� herein. and #t 4. 's bblicmtirms. county shall prOvids, v.a its 0srsergaan0y Ambulance oontrasctor(a), e rga y an*mlarnar3ase response to requests fair ee>aergency medical services originating within Contractarr�s area of rap:sp=se. 5, Ca nt_' CtOl's a abIi+aa'►tions. Contractor shall provide those services and carry out that work described in the Sex-vico Plan attached ho roto which is incorporated herein by reference, subject to all the teres and conditions contained or incorporated herein. s3. w. This Contract 3s subject to the general Condition and Special Conditions (if any) attached berate, which see incorporated herein by ref erar*css. S. M12211• This C=tr&Ct LMlements in part the Ca =ty's Local rgency, Medical Services plan in that it provides for emargwscy medical first resstpondatrr services. 9. Luffal AUtbAritX. This Contract is entered into under and subject to the following legal authorities a Rrealth and Safety Coda 9aatioas 1797 at seem., and California towerint Code AS 26227 and 31aoo. 10. Thews signatures attest the pasties a agreement hereto: a�Txrr a±a►e.r�ntert�Yu BOARD a � ATTH a Phil Batchelor, Clark of the Board Of fuzmxtti.aeors and County Administrator BY MA es Dewty r � P e iey �y Mmaignat+o business capacity Ile) 56aignats busain,esss capacity a) wee__to Qaar"Crery For Corporations (9srent Or 00uprofit)„ the contract =not be WLWA 4 by two officers. 9ispautur e 1 must be that of tba prarsident or vriasaa-Vrersident and signature is must be that of the x&crotary or aaesisetaast sa cx0tassy (C#rtl mode � 31967 iseAsi Csz7crati,ons Codas 6 313) All. signatures =Mt bo &qkzMMlg4a6d iae est tort..h An resasesoe terra CM&A cow CmWW Bmnftw IWM two.x" AI PRQVAI WAMMWLED MEM Number2j:7Mzw.t APIA OVALS RECQMMJ!NDEb BY DIWARTMENT FORM APPROVED By �' Ii�ee APPROVED: COUNTY ADhVNfS71tA.TOX By. ACKNOWLEDGAIENT STA'L'E OF CALIFORNIA � COUNTY OF CONTRA.COSTA � on f before , (Ingest name and dde of Me*ffw r)t penmWly appeamA personally known to me(or prod to me on the basis of a ddactory CV )to he dw Vis) whow name(O is/me subsmibed to ft withtu ins umom amid adm*wledW to tomes the WshCftsy executed tlme- s m hiwlw r/their=horimd eqm ry(3ers), and #hat by hls/larr/tbelr sJpL" *(s)on the hutvmm the parson(s), or the entity upon bdWf of which the s) acted, extoAad the fgatrumeaL WITNESS MY BAND AND OFFICIAL SEAT . (Sea) Slmiwa 006W ithxmbter_ .�� -�fl I . ,s =& AC_Tr==fi. Contractor shall provide prehospital emergency medical first respond services, within the Bothal Island Zire- Pr2tegtion. District, until patient care is assumed by ambulance or receiving facility personnel. in performing services hereunder, Contractor shall work cooperatively with the County's Emergency Medical. Services Agency. A. Contractor shall provide said prehospital emergency medical first responder services, without interruption, 24 hours per clay, 7 days per week, during the term sof this agreement. B. Contractor shall provide said prehospital emergency- medical first responder services without regard to the patient's race, calor, national origin, rallgiouss affiliation, age, vex, or ability to pay. C. Contractor agrees that the performance of services under this Agreement shall conform to high professional standards and shall comply with all applicable emergency medical policies and guidelines as established by the Contra costa County EMS Medical Agency. D. Contractor shall des4gnate one staff person with overall responsibility for W4S program coordination within the Agency. E. Contractor shall participate in an approved "First Responder Defibrillation progxam according to Contra Costa County policies and procedures. F. Contractor shall request and receive written approval from the County EMS Agency to conduct as First Responder Paramedic Program. Contractor shall agree to meet County standards for First Responder Paramedic programs. A. Contractor's response time on requests for prehospital emergency medical first responder services orijinaating from within the primary service area shall meet the following performance standards-. 1. Contractor shall places a first responder unit at the scene of each emergency call for medical assistance within 5 minutes of it& receipt of the call at the fire dispatch center on not leas than. 90% of the responses within any consecutive thirty-day period. 2. Cont~ractor'a response times shall be calculated on a monthly basis to detarminee compliance with the standard set forth in Section II.A.1. 3. In the event a First Responder Unit is reassigned enroute from one call to another before arrival at the scene of the first call, the response time clock shall not stop on the first call until the arrival of a _— I Cantra c:too ca=tv tit. First Responder Unit at the scene of the first call.. Each call shall keep its separate responses time measurement. S. in the monthly calculation Of Contractor's performance to determines compliance with the responses time standards, every emergency request originating from within Contractor's primary service area shall be: included, excrML the: fallowing 3. In cases of as multiple-response incident (e.g. , where more than one first responder unit is went to the same incident) , only the response time of the first-arriving unit staffed and equipped to provide emergency medical first responder services, shall be counted. 2. During a Multi-Casualty incident (MCI) , fire mutual aid, or declared disaster in the County of Contra Costa, or in a neighboring jurisdiction which has requested assistance from the County. 3 . Delays resulting from incorrect or inaccurate dispatch information, disrupted voice or data radio transmission, mobile data terminal failure, unavoidable telephone communications failure, nonexistent address, inability to locate patient due to patient departing the scene, delays caused by traffic secondary to the incident, unavoidable delays caused by .road construction, unavoidable delays caused by trains, or off-road locations. 4. Delays resulting from adverse weather conditions. A. Contractor shall, assure that prior to assignment can a first re opondesr unit, all personnel area oriented to the following: 1. County W4S policies and, procedures 2. EMS system ove=vi.ew✓ 3 . County Multicasualty Inci.d+ent. Plan 13. Contractor shall establish a critical incident stress debriefing program and an ongoing stress r*ductlon program for its first responder pe =aonn.e l. C. Contractor shall provides all, f irst responder personnel with the training, knowledge, and skills to effectively manage patients with psychiatric, drug/alcohol or lather behavioral or stress related problems, as well as difficult or potentially difficult scenes on an ongoing basis. Emphasis shall be on techniques for establishing a climate conducive to effective field management, and for preventing the escalation df potentially volatiles situations. 2 Contractor county Dept. Number--23-2 0 a-3 D. Contractor shall offer all currently recce na ended immunizations and health screening to its high risk personnel. Contractor shall develop and strictly enforce policies for infection control and contaminated materials disposal to decrease the chance of communicable diseases exposure in accordance to existing regulations (Titles e, nivision 1, Chapter 4 - Californi.a Code of Regulations, and OSHA 1910-1030) . E. Enhanced EME First Responder Program - Paramedic. 1. The County EMS Medical Director shall be designated as the Bethel. Island Piz* Protection District Medical Director to oversee medical aspects of the program including clinical review, quality improvement, and training. 2 . Contractor :shall staff each responding paramedic unit with a minimum of one paramedic, currently licensed in California and accredited in Contra Costa County. 3 . All of Contractor*s personnel normally respond to emergency medical requests shall be currently certified as EMT-Its or EM-P'S in California. (Thins requirement, however, shall not apply to personnel who are volunteers or "paid on-call" staff.) Contractor shall maintain on file at all times, copies of current and valid credentials for all emergency medical pesrsonnel performing services under this Agreement. 4 . All paramedics shall be currently certified in Advanced, Cardiac Lifa Support (ACLS) according to American Heart Association standards pricer to performing services under this Agreement. meant.. 5. All paramedics shall successfully complete either a Basic Trauma Life Support (BTLS) course approved by the American College of Emergency Physicians Or a Prehospital. Trauma Life Support (PHTTLS) course approved by the American College of Surgeons, pricer to working as a first responder paramedic. 6 . Contractor shall develop and implement a training program, approved by the EMS Agency, to prepare non-paramedic responders to assist the first responder paramedic in providing patient care. 7. Contractor shall assure that prior to assignment on a first responder paramedic unit, all personnel are oriented to the following: A. First Responder Paramedic and ENT-1 roles and responsibilities; b. Medical radia communications (ambulances, base hospitals, receiving hospitals, County Comrri=ications Center) ; and C. Medical equipment utilization and maintenance. TrUtials 3 Contractor courf*v rway sr Xumber 2 -2iss3-3 6. The Contractor shall establish a *provisraional assignment" program for first responder paramedics subject to approval of the county EM Medical Director. The provisional assignment program shall provide for review of each patient contact within 72 hours by the Contractor medical director until the new first responder paramedic is approved by the County EMS Medical Director for continued first responder paramedic assignment. 9. The Contractor's EMT-1 and paramedic personnel shall comply with all training reepairesmes:nta an established by the State sof California and all applicable provisions of the Contra C3osta County Prehospital Care Manual and EMS Agency policies. 10 . The Contractor agrees to facilitate and encourage its personnel to participate in relevant training provided by ALS base hospitals. TV. Q=;TY IMPROVEXCUT A. Contractor shall_ follow Contra Costa County EMS Policies regarding medical Quality Assurance and Quality improvement. a. Contractor shall participate in the creation of a comprehensive medical Quality improvement Program for the County EMS system. C. Contractor shall implement a program for clinical review and Q1, with medical oversight by an emergency physician or registered nurse with an EMS background, which meets County standards. V. IMICAL -CONTROL. contractor acknowledges and agrees that A. The Contra Costa County EMS Medical Director shall, have overall responsibility for medical control for Ul.l First. Responder Defibrillation, ENT-1 Advanced Airway, and paramedic program# in the county, B. Medical control is exercised prospectively through policies, protocols, and training established and approved by the Centra Costa County EMS Medical Director. C. Base Hospitals s< designated by the EMS Medical Director provide ors-- line medical direction and consultation ars medical and patient related issues. D. Retrospective medical Corstrol :includes monitoring, quality improvement, incident review, and disciplinary processes conducted by the provider agency, base hospital, Contra Costa County EMS Agency,' and the State EMS Authority. Initials% 4 Contractor county Wit. Number -23-208-3-- V1. samber -23-20 3--Vla XQU1 A. Each First Responder Paramedic unit shall carry emergency medical equipment and supplies, consistent with level of training of personnel, as required by Centra Casty County, Vehicles, equipment and supplies shall be maintained in good working order, consistent with the manufacturer's spec if icatt iona's. S. Contractor's plan, for 7reasplas ceatneaat of expendable blee esquipmesnt and euppl i eas shrill be self-sufficient: and shall not rely on transporting agencies stock or bill.i nq services unless agreed to in writing by transporting agencies. Ca Contractor, in addition to existing fire radian, sshhall. equip each first responder paramedic unit used in providing service to the County with a 4-channel portables radio for communication on County's MEDARS radio system, and a cellular telephone for prehosaspi.taatl to base: hospital cratmnunicaaationsm. V11. S ..tip A. Contractor agrees to participate and anoint in the development of system changes subject to negotiated costs, if any. Squipme:nt and supply requirements may be changed by the zM5 Agency to meet changes in related technology. S. County representatives may, at any time and without notification, directly observe the Contreucttsr'ae facilities and operations. The County representative shall conduct themselves in as professionazl and courteous =armor, shall not interfere with the: Contractor's employees in the performance of their duties and ashall at all tures be respectful of the Contractor's employer/employee relaatti.o"hipss. C. The medical responder with the highest levesl, of accreditation Def fibril laa<t ion, EMT-1, EMT-1 Advanced Airway, or Paramedic - sin the scene of a medical emergency is responsible for patient cares until, the patient has been released to other medical personnel in the field in ,accordance with. policy and procedures, or until the patient is released to appropriate medical personnel at aaa< designated ambulance receiving facility. rirst responder personnel with Paramedic accreditation must be prepared to accompany they patient in the ambulance to a designated ambulance receiving facility whenever an appropriate patient turn--over cannot be achieved. Contractor shall comply with the following record-keeping and reporting require ments7s yInitial*: '7 {rrt*Yt'7�0N'1"/iY !'tll►1l�MM fry• grr4. ARRY191 PLr►z+r RUmber_ - - A. IWQ1em6ntaticn Repe��°t. Contractor shall report quarterly to the County its progress in the development, implementation, and operation of First Responder Paramedic Units. B. Regards. Contractor shall provide, in a timely and regular manner, all records, information and reports requested by the Medical Director to evaluate the emergency medical services provided by the Contractor under this Agreement, including, but not limited to, the following-. 1. Ra po2me Data and Ferfrsr nce3 RS22rt. Contractor shall maintain data on W4S responses including number of responses, location, date and time, nature of call,, response time (elapse time from receipt of call to time on scenes) , and basic patient data lren patient cams report. Monthly data reports to be submitted in a form established by County ENS. 2. Patient Care Report-. Form. Contractor shall provide appropriate patient care documentation for every patient contact in Contra Costa County, with or without transport. The Contractor shall ensure that a Contra Costa County Patient Cara Report is accurately completed and distributed according to County MW Policies and Procedures. 3 . Pi nel R!§2S2Xte. The Contractor shall provide at roster of currently accredited Paramedic personnel to the FMS Agency annually. Z%. Policies and rates for patient billing shall be subject to approval by the EM Agency. ConZnitial�e z _ tractor c4untx Pit. ZM&,Z:g. Paragraph 19. (luourmuc ) of the tleneral. COnditi=m is h6r:by de3etad in Its antirety. VISIT A Number: B,�CJY�'8Z�3�►t!� 1. Paymmt Limit. County e s total payments to Contractor under this Contract shall not exceed &106-191 . 2. RA _ en A.a. =J;4 Subject to the following Payment Provisions, County will pay Contractor the following fees as full compensation for all services, work, expenses or costs provided or incurred by Contractor: (a) $8-84-6,12 monthly, payable upon demand, following each calendar month in which paramedic first responder services area provided; (b) A reduction from the monthly payment seat forth above, in the amount $12,,U per hour will be made for each hour or portion thereof that Contractor is not able to provide paramedic first resasponder services when such services are not provided for more than two consecutive hours. (c) Monthly invoices shall document any perm exceeding two saraaan ew..e r+•♦#-�tvr1a.rt. w.ar ritr�.l were •.e1i s.3.. w►+er1..v...A2.. .........,.3«...+. ..,.,.,.�. .,., ,r ! # t et • ! s f . ! #-, i.l� # ♦ #�} ♦ ♦ - .+ fw -• tt !♦t r � Y ! }eR ## #ir _} •' of i ! of } t i } # - R' i 4 ## #1 }.# 6 6# #} • :R#f f to #. t • t .44 a i A.. i ti - ! :.. .#.. # t:# to'.. � ". � # • t } t♦ :. ## •i Sf �. # ..4ti M .'. 77 TM Itf,to n If I of • a moi.- e #- i •# i -.-!s #.# ! - i :: ;-! i } K. # a '.. ► g :. - i t ►t 4 .., * t t-44 11-....3d� � "!,# ..R'.a# 1 # • tt •es t #t ": ! � •.t t # # } *. � a +� a1'. • # ♦ ", as t — # i a ♦ •: a iia s t i #. Contra Costa County Standard Form VS Bast of Ser ) b. Endure urs Wpt7n. The County, upon written notice to Contractor, may ir=ediatel; terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In th event of such t+errnination,the County tnay proceed with the work in any reasonable manner it chooses. The cos to the County of completing Contractor's performance shall be deducted from any sum due the Contractor unde this Contract, without prejudice to the County's rights othxe,. se to z=vcr its darns es. C. Cession of Mrn in . Notwithstanding Paragraph 3.a. above, in the event that Federal Mate. or otter non-County ftwding for this Contract ceases, this Contract is termimted without notice. 6. En#3re AmMen . This Contract contains all the testas ancd conditions agreed upon by the parties Except as expressly provided hereiu,•no other understanding, oral or off, regarding the sabject mater of this Contract.hall be deemed to exist or to bund any of the parties hereto. T. fkdkuSRcdficatiomfQrD=LllkgPromdmM, Detailed specifications of operating procc and budgets required by this Contract, including but not limited to, monitoring, evaluating, audit,billing..m regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor alk the County. Such Informal.Agreements shall be designated as such and shall not be amendments to this Conzrac3 except to the extent that they further detail or clarify that which is already required hereunder. Such Informs: 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 matte of his designee. S. l adil'sa1Jor}s and mind encs. a. figgeEW Amendments. This Contract may be modified or,amended by a wrincn docameam executed by the Contractor and the Contra Costa County Board of Supervisors or. atter Board approval, by its designee, subject to any required State or Federal approval. b. A laWrad ve 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 Pura. 9. DhpmUm. Disagreements between tate Country and Contractor concerning the acquirements, or perfon=wce of this Contract shelf be subject to final demrznraetion in writing by the bald of the County Department for which this Contract is made or his designee of in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Chotce at rL#w and Personal Jurdsdicdon. a. Ibis Contract is made in Conte Costa County and shall be governed and construed in accordance with tete taws of the State of California, b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra cgma- rxnlY= State f giil'S?rinY2t, s t3 F # d • • • ##." M• ! s # ! # $R!# w #•« -• 4 '_a a p" i' 4 R# a _# t t # M •* ♦ i E$ a: # '.E •-: #it . ♦ # #s # il .4• .dt E'. #i#� # 1 P MtM ;. • F"- ♦♦= i+. # t. ° # • t s ! R # Ri` M• i #' ##.:..Li }.' - # f !� # a## 3 #t # # 7 "R# •,_ R ♦ # i #!i # i aR.:..• $ # $". '. � - t # � « •tF -- . 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Rt - --« M •-s *. !. tr « t ..: �. t �! !s tf } ,.aa -x # # }.�• # #«#•. - t ! •- M t #,# tom.i! « {tt. a #• F# * • • # ! .#M $ • t o # s R E ! a E �4 T ! S a #� • #• e # : # #t• # - • - - i • � # t ;# :. tet r.: •4t t » • #" } - t't! # - sat • - R ^. • R • a # } }R #.' « ♦ #. a t ' 11 TI EI T A 't € S V11,CES t- DAA` � { #: ... NO 0 DES : . W APPROVAL R .l Li S T E s R t t #�t1t R ATI 3t � T �$T ._ ., ..;.., D, #. ...�..N k o- € A:. EPT i` c ,4• L: I G: I I p: I I Health Services Department Cfi►N I`RACTS AND GRANTS DISTRIBUTION RECORD (7C ' - _. _ l ontractor; L t O County Number: f Federal/State Number: Type of Document(s), bate p ecqived: Contract Amendment —� ' l Cancellation D Extension Renewal Board Order(Da�` �✓��" . DEPARTMENT/DIVISION NO. ATTENTION COPIES County Administrator t Risk Management Auditor-Controller /'1 ~ ` Accounts Payable Auditor-Controller Payroll (Withholding documents) Accounting 1 Siewell/Abreu/Neller,'Khoury/Sand County Administrator Ori Clerk of the Board Contracts Unit Contracts Clerk CONTRACTOR'S COPS' Original Sent to Contractor with cover letter TO THE DIVISION CHECKED BELOW: Attached is your file copy of the document(s) identified above.'Copies of the document(s) have been distributed by the Con- tracts and Grants Unit as shown above. if you require additional distribution for your program staff or other agencies, please make copies and distribute accordingly. EMS Lauren Kovaleff CSAS .Judy Rodriguez Health Flan Richard Harrison ® Office of Director/Finance Darlene Allen Hospital & Health Centers Hospital Admin. MH Shirley Meyer Public Health Environmental Health Ken Stuart HazMat Lew Pascalli Distributed by ,=— 3 "� Date A-322 (4/83) WHITS:DEPARTMENT FILE CANARY:CONTRACTS FILE coon com county Uumber YXUT mt (F 1'v) AWLZ=MKT tY` Fu33dl # 7J21- other Z#e .other # Departments R alt h Services - $mergency Medical Services subject. zmerg en y medical services - Fist Responder (paramedic) 2. parti.M. Tbo County of C=tra Cost&, California (County) ,, for its Lmpaertargat named above, and the following named a3caatractcr watually agree and promise as follow Contract=- � xszJ= FFRC'!' =CS' rif8'MCT Capacity: county do tai. District Addreees x 3045 Rench Vie, Bethel Island, Caelifc=l& 94SIl Nailing Address. P.O. Rox 623, Bethel Ssland, calii:(s=i.al 94513. 3. The effective date of this C=tract is oilY,.? ,1229 • SWA it terminatesa�0� � or�C± unless »sem to t+ed! as provided herein. 4. C29=fir'ea de l,rase#Ms. County *hall provide, via its s mmergcaacy.a ra:bulance contractor(a) , evargency ambulance response to requests for a marge rwy medical services originating within C=tractor's area of rear O. S. trActor,g gb igas, fps. Contractor aebs.11 provide those services and carry out that wark described in the service Plan attached haerasto which is incorporated herein by reeforances, subject to *11 the teersaasse and conditions contained or incorporated hoxvin. 6. ggUSUtiesxzs. This C'cmtraaaat is subject to the General Conditions and Special Conditions (if any) attached hereto, which are iasto ratesd herein by resfeeraUces. as. pr9jeat. This C=tract itVioments in part the Crstxnty'ss Local Xmeereiencxy Medical Services Plan in that it provides for emergency medical first responder services. 9. LldY^ a.*•r r'ity. .ss c=tract is entered into under and subject to the folly legal *Utb=it'-; a: sea:l.t.h and Safety Cade Sections 1797 at sea►g. , and Cae.li.fornia Government Cads IS 26227 and 31000, 2.0. r Those signature* as►.tt+est the parties' agreement hareto- or-29MM C0=A Sww AZZ Myo r: ` lyrvr A'I'TX9T: Phil Ratchalor, Clark of the Board ` of supervisors avd county A&Lin .strasetor hy1 ! � i Y... Deputy sy R'Y Lxuzzx tL (7aesi to business a city A) fr asignate business capacity R) tME t+3. to contractor: ror corporations (profit or n rofit:) , the oontract merest be si.ga od by two office=s. 9igtaast=ee V smat be that of 'tU* proaldent or vi ce—prosi.cCen t aaad signature urge R Anasts be tea: of the x*creaet&x-y or ansi.st:ant swa"t*ry (Civil Coda 6 LIS* and corporations Code # 313) . All siguaturox mmust be acknow144944. a s Not forth ere rsa w'* tom+ Contra Costa County Standard Forst(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number 23-208-3 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED ( f`'!1T TTTTTaT t"�i'YS Th7C nT i 13 Jill By - jh�rsi6e' `—,; �jl APPROVED: COUNTY ADMINISTRATOR By: ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before ire, (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 ire 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 MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation, Partnership,or Individual) (Civil Code$1189) SERVICE PLAN Number 23-203-3 I . SERVICE ACTIVITIES . Contractor shall provide prehospital emergency medical first responder services, within the Bethel. island Fire Protection District, until patient care is assumed by ambulance or 'receiving facility personnel . In performing services hereunder, Contactor shall work cooperatively with the County' s Emergency Medical Services Agency. A. Contractor shall provide said prehospital emergency medical first responder services, without interruption, 24 hours per day, 7 days per week, during the term of this agreement . B . Contractor shall provide said prehospital emergency medical first responder services without regard to the patient ' s race, calor, rational origin, religious affiliation, age, sex, or ability to pay. C. Contractor agrees that the performance of services under this Agreement shall conform to high professional standards and shall comply with all applicable emergency medical policies and guidelines as established by the Contra Costa County NMS Medical Agency. D. Contractor shall designate one staff person with overall responsibility for EMS program coordination within the Agency. E. Contractor shall participate in an approved First Responder Defibrillation piogram according to Contra Costa County policies and procedures . F. Contractor shall request and receive written approval from the County EMS Agency to conduct a First Responder Paramedic Program. Contractor shall agree to meet County standards for First Responder Paramedi=c programs . . PERFORMANCE STANDARDS A. Contractor' s response time on requests for prehospital emergency medical first responder services originating from within the primary service area shall meet the following performance standards : 1 . Contractor shall place a first responder unit at the scene of each emergency call for medical assistance within 5 minutes of its receipt of the call at the fire dispatch center on not less than 901 of the responses within any consecutive thirty-day period. 2 . Contractor' s response times shall be calculated on a monthly oasis to determine compliance with the standard set forth in Section !I .A. 1 . 3 . in the event a First Responder Unit is reassigned enroute from one call to another before arrival at the scene of the first call, the response time clock shall not stop on the first call until the arrival of a Initials: Co .tractorP550ty Dept. SERVICE PLAN Number 23-208-3 First Responder Unit at the scene of the first call . Each call shall keep its separate response time measurement . B . in the monthly calculation of Contractor' s performance to determine compliance with the response time standards, every emergency request originating from within Contractor' s primary service area shall be included, except the following: - I . In case of a multiple-response incident (e .g. , where more than one first responder unit is serest to the same incident) , only the response time of the first,-arriving unit staffed and equipped to provide emergency medical first responder services, shall be counted. 2 . Luring a Multi--Casualty Incident (MCI) , fire mutual aid, or declared disaster in the County of Centra Costa, or in a neighboring jurisdiction which has requested assistance from the County. 3 . Delays resulting from incorrect or inaccurate dispatch information., disrupted voice or data radio transmission, mobile data terminal failure, unavoidable telephone communications failure, nonexistent address, inability to locate patient due to patient departing the scene, delays caused by traffic secondary to the incident, unavoidable delays caused by road construction, unavoidable delays caused by trains, or off-road locations . 4 . Delays resulting from adverse weather conditions . II . PERSONNEL/TRAINING A. Contractor shall assure that prior to assignment on a first responder unit, all personnel are oriented to the following: i . County EMS policies and procedures 2 . EMS system overview 3 . County Multicasualty Incident Plan B . Contractor shall establish a critical incident stress debriefing program and an ongoing stress reduction program for its first responder personnel . C. Contractor shall provide all first responder personnel with the training, knowledge, and skills to effectively manage patients with psychiatric, drug/alcohol or other behavioral or stress related problems, as well as difficult or potentially difficult scenes on an ongoing basis . Emphasis shall be on techniques for establishing a climate conducive to effective field management, and for preventing the escalation of potentially volatile situations . 1 Initia .S e /L- 2 Cont actor County Dept. SERVICE PLAN Number-23-206-3 - DI Number23-208-3D. Contractor shall offer all currently recommended immunIzat=ons and health screening to .its high risk personnel . Contractor shall develop and strictly enforce policies for infection control and contaminated materials disposal to decrease the chance of communicable disease exposure in accordance to existing regulations (Title 8, Division 1, Chapter 4 - California Code of Regulations, and OSHA 1910 . 1030) . E . Enhanced EMS First Responder Program - Paramedic . 1 . The County EMS Medical. Director shall be designated as the Bethel Tsland Fire Protection District Medical Director to oversee medical aspects of the program including clinical :review, quality improvement, and training. 2 . Contractor shall staff each responding paramedic unit with a minimum of one paramedic, currently licensed in California and accredited in Contra Costa County. 3 . All of Contractor' s personnel normally respond to emergency medical requests shall be currently certified as EMT-I ' s or EMT-P' s in Ca'ifcrnia. (This requirement, however, shall not apply to personnel who are volunteers or "paid on-call" staff . ) Contractor shall maintain on file at all times, copies of current and valid credentials for all emergency medical personnel performing services under this Agreement . a . All paramedics shall be currently certified in Advanced. Cardiac Life Support (ACLS) according to American Heart Association standards prior to performing services under this Agreement . S . All paramedics shall successfully complete either a Basic Trauma Life Support (BTLS) course approved by the American College of Emergency Physicians or a Prehospital Trauma Life Support (P.:TLS) course approved by the American College of Surgeons, prior to working as a first responder paramedic . 6 . Contractor shall develop and implement a training program, approved by the EMS Agency, to prepare non--paramedic responders to assist the first responder paramedic in providing patient care . 7 . Contractor shall assure that prior to assignment on a first responder paramedic unit, all personnel are oriented to the following: a . First Responder Paramedic and EMT-I roles and responsibilities; b. Medical radio communications (ambulances, base hospitals, receiving hospitals, County Communications Center) ; and C . Medical equipment utilization and maintenance . s " Initials: 3 t6unty rept. SERVICE PLAID' Number =208n-3_23 8 . The Contractor shall establish a "provisional assignment" program for first responder paramedics subject to approval of the County EMS Medical Director. The; provisional assignment program shall provide for review of each patient contact within 72 hours by the ,Contractor medical director until the new first responder paramedic is approved by the County EMS Medical Director for continued first responder paramedic assignment . 9 . The Contractor' s EMT-I and paramedic personnel shall comply with all training requirements as established by the State of California and all applicable provisions of the Contra Costa County Prehospital Care Manual and EMS .Agency policies . 10 . The Contractor agrees to facilitate and encourage its personnel to participate in relevant training provided by .ALS base hospitals . I V. QUALITY IMPROVEMENT A. Contractor shall follow Contra Costa County EMS Policies regarding medical Quality Assurance and Quality Improvement . B. Contractor shall participate in the creation of a comprehensive medical Quality Improvement Program for the County EMS system. C. Contractor shall implement a program for clinical review and QI, with medical oversight by an emergency physician or registered nurse with an EMS background, which meets County standards . V. MEDICAL CONTROL. Contractor acknowledges and agrees that : A. The Contra Costa County EMS Medical Director shall have overall --responsibility for :medical control for all First Responder Defibrillation, EM''`''-I Advanced Airway, and Paramedic programs in the county. B . Medical control is exercised prospectively through policies, protocols, and training established and approved by the Contra Costa County EMS Medical Director. C. Prase Hospitals designated by the EMS Medical Director provide on- line medical direction and consultation on medical and, patient related issues . D. Retrospective medical control includes monitoring, quality improvement, incident review, and disciplinary processes conducted by the provider agency, base hospital, Centra Costa County EMS Agency, and the State EMS Authority. initials: V 4 Contract© County Dept. SERVICE PLAN Number 23-208-3 VI . EMPMENT A. Each First Responder Paramedic Unit shall carry emergency medical equipment and supplies, consistent with level of training of personnel, as required. by Contra Costa County. Vehicles, equipment and supplies shall be maintained in good working order, consistent with the manufacturer' s specifications . B . Contractor' s plan for replacement of expendable equipment and supplies shall be self-asuffici ent and shall not rely on transporting acgencies stock or billing services unless agreed to. in writing by transporting agencies . C. Contractor, in addition to existing fire radios, shall equip each first responder paramedic unit used in providing service 'to the County with a 4-channel portable radio for communication on County' s MEDARS radio System, and a cellular telephone for prehospital to base hospital communications . VII . COOPERATION WITH EVOLVING EMS SYSTEM A. Contractor agrees to participate and assist in the development of system, changes subject to negotiated costs, if any. Equipment and supply requirements may be changed by the EMS Agency to meet changes in related technology. B . County representatives may, at any time and without notification, directly observe the Contractor' s facilities and operations . The County representative shall conduct themselves in a professional and courteous manner, shall not interfere with the Contractor' s employees in the performance of their duties and shall at all times be ' respectful of the Contractor' s employer/employee relationships . C. The medical responder with the highest level of accreditation - Befibrillation, EMT -I, EMT-I Advanced Airway, or Paramedic - on the scene of a medical emergency is responsible for patient care until the patient has been released to other medical personnel in the field in accordance with EMS policy and procedures, or until the patient is released to appropriate medical personnel at a designated ambulance receiving facility. First responder personnel with Paramedic accreditation must be prepared to accompany the patient in the ambulance to a designated ambulance receiving facility whenever an appropriate patient turn-over cannot be achieved. VII' . RECORDS- ,AND REPORTING REQUIREMENTS Contractor shall comply with the following record-keeping and reporting requirements : InitiaLIS: r 1 / 5 -Ohtractar tnty Dept. SERVICE PLAN Number 23-208-3 A. Implementation Report . Contractor shall report quarterly to the County its progress in the development, implementation, and operation of First Responder Paramedic Units . B . Records . Contractor shall provide, In a timely and regular manner, all records, information and reports requested by the Medical Director to evaluate the emergency medical services provided by the Contractor under this Agreement, including, but not limited to, the followings i . Response Data and Performance Report . Contractor shall maintain data on EMS responses including number of responses, location, date and time, nature of call, response time (elapse time from receipt of call to time on scene) , and basic patient data from patient care report . Monthly data reports to be submitted in a form established by County EMS . 2 . Patient Care Report Form. Contractor shall provide appropriate patient care documentation for every patient contact in Contra Costa County, with or without transport . The Contractor shall ensure that a Contra Costa County Patient Care Report is accurately completed and distributed according to County EMS Policies and Procedures . 3 . Personnel. Reports . The Contractor shall provide a roster of currently accredited Paramedic personnel to the EMS Agency annually. IX. PATIENT BILLING. Policies and rates for patient billing shall be subject to approval by the RMS Agency. i initials: 6 Con actor tAnty Dept. SPECIAL CONDITIONS Number 23-208-3 Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted in it°s entirety. EXHIBIT A Number: 23-208-3 PAYMENT PROVISIONS 1. . Payment Limit. County' s total payments to Contractor under this Contract shall not exceed 11036, 161. 2 . Ps.yLaent Amounts . 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: (a) $8 , 846 . 59 monthly, payable upon demand, following each calendar month in which paramedic first responder services are provided, (b) A reduction from the monthly payment set forth above, in the amount $12 . 12 per hoar will he made for each hour or portion thereof that Contractor is not able to provide paramedic first responder services when such services are not provided for more than two consecutive hours . (c) Monthly invoices shall document any periods exceeding two consecutive hours during which paramedic services were not available . Initials : Contractor C unty Dept . Contra Costa County Standard Foran 1/87 GEMR .L !CONDITIONS (Purchase of Services) i Compliance with Lave. Contractor shall be subject to and comply with all Federal, State and 1vca1 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 nondiscr un�nination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorize. 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 rewired by the County. a. Retention 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 fur`dier 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 Govtirnment. b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section I8 lMOD/, 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, mare available to the Secretary of Health and. Hunan Services or to the Comptroller general, or any of their duly authorized rer,resentatives, this Contract and books, documents, and records of Contractor that are necessary to certify the narure 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 $:0,000 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 servicespursuant 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. Re orting Requirements. Pursuant to Government Code Section 75503, 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 orgy 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 Contra Costa County Standard Form 1{87 GEl!TRAL CGIDiTIO, (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 tern,ination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of cornpleting Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rtglits 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 witliout 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 Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing,. or regulatory charges, 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 gray not enlarSe in anv manner the scope of this Contract, including any suras 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. g Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and. Lhe 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 administranve amendments may not materially charge the Payment Provisions or the Service Plano 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 of any) required by the State or Federal Government. v 10. Choice of Law and Personal Jurisdiction. a. This Contract is :rade in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Ann action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California.. 2 Contra Costa County _ Standard Form 1/87 GENFFtAL CONDITIONS (Purchase of Services) 11. Conformance with Federal and State Reulafions_and Laws. Should Federal or Mate regulations or 'laws touching upon the subject of this Contract be adopted or revised during the tern 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 the County indicating the 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 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 AssigLiment. This Contract binds the heirs, successors, assigns and re^resentatives 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 matte, 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 thein, 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 ander this Contract will be confidential, and will not be open to examination for any purpose rot directly corrected with the administration of such service. b. leo person will publish or disclose or permit or cause to be published or disclosed., any list or 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 goods 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 3 Contra Costa County Standard Form 1/87 GE V IZ I CONDITIONS (Purchase of Services) 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, serva:ats, 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 expend it-ares, 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 indemufication provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and arty 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. Liabilitv Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned arid nor-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 Goverrmments, 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' Compensation. 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 wor'ker's compensationinsurance as required herein no later than time effective date of this Contract. If time Contractor should renew the insurance policy(ies) or acquire either a new insurance policyOes) or amend the coverage afforded tough an endorsementto the policy at any time during the term of this Contract, ther, Contractor shall I)~ovmde (a) current certmimcate(s) 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. M Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit m the United States mail, postage prepaid. Notices to the County shall be addressed to the (mead 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. 2?. Primaev of General Conditions. Except for Special Conditions whichexpressly supersede General Conditions, time 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 tinder a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respectinz any failure to continue purchase of all or any such services from Contractor. 4 Centra Costa County Standard Form 1/87 GENERAL CONDITIONS (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 apossessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this prevision complies with the notice requirements of revenue & "Taxation Cade 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 the 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-Dat a. 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, 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 Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Beard of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lads of qualities to a particular brand name or commercial product in [he j absence of a well-established and widely-accepter scientific basis for such claims or without the prier approval of the Board. of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in' any commercially-produced rrm advertisements designed to promote a particular brand. name or commercial prods ct, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence .n the advertisement can reasonably be interpreter 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. Count yT officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. wired 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 arid'Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 it. federal grant hands in any fecal year from any source, Contractor shall arrange for conduct of the 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 Managernent 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-required audit annualy 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 .'D = .v % CONTRA COSTA FROM: Arthur C. Miner„ Executive Director COUNTY Private Industry Council rias DATE: May 5, 1999 SUBJECT; AUTHORIZE EXECUTION OF MOU WITH INFINET SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGORUND AND JUSTIFICATION 1. RECOMMENDED ACTION: Authorize the Executive Director, Contra Costa County Private Industry Council, or designee to execute a Memorandum of Understanding with InfiNET for a 6 month beta test of an on line assessment program, subject to approval by County Counsel as to legal form. If. FINANCIAL IMPACT: None; one hundred percent grant funded. Ill. CHILDREN IMPACT STATEMENT: The Memorandum of Understanding will indirectly support the third outcome - Families that are Economically Self-sufficient. IV. REASONS FOR RECOMMENDATION: InfiNET is a participant in the County sponsored incubator. They have developed an on line software program which assesses individuals` reading and math skills and provides grade-level equivalent scores and suggestions for remediation for individual test-takers. The Contra Costa PIC indirectly sponsors the business incubator. We currently neither utilize nor have past experience with on line assessment software. This beta test will provide us with experience with such software and is expected to be a benefit to PIC program participants. PIC participation will not constitute a product endorsement. CONTINUED ON ATTACHMENT: g' SIGNATURE: a," /ZK' RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER �^ SIGNATURES ACTION OF BOARD ON_Ma.y 25, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT None ) 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 Ma v 25- ')CgCgt� PHIL By TCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CONTACT: Linda Chandler, PIC (546-5024) cc: Private Industry Council County Administrator County Auditor-Controller Sara Ho€Pman,CAO By � DEPUTY John Cullen,Social Service y:diskette/board order form/ka#iNET