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HomeMy WebLinkAboutMINUTES - 05251999 - C86-C90 TO: BOARD € F SUPERVISORS Contra LJohn Cullen, E-rector j'� FROM: Social Service Department-' Q Csta / as May 1-2, 1999 ,.,s,. ,.`. VATE: APPROVE and AUTHORIZE the Director of Social Service to SUBJECT: issue a contract for Early Intervention Outreach services as part of the Options for Recovery urogram. SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION; APPROVE and AUTHORIZE the Director of Social Service, or designee, to issue a contract for the period of July 1, 1999 through June 30, 2000 up to $50, 000 to Ms. Evelyn Aguilar for Early intervention Outreach services. FISCAL• The funding for this contract is included in the Options for Recovery urogram funding and claimable as 50°s Federal (251000) , 350i State (17, 500) , and 15. County($7, 500) . CHILDREN'S 1&UQT STATEMENT The Early Intervention Outreach Specialist will support all five of Contra Costa County' s community outcomes : 11) "Children Ready for and Succeeding in School; " (2) `'Children and Youth Healthy and Preparing for Productive Adulthood; " (3) "Families that are Economically ,Self Suffic'ie�t; " (4) "Families that are Safe, Stable, and Nurturing;'" and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families . " The Early Intervention Outreach Specialist position provides services designed to ameliorate the problems that lead to the removal of children from substance-abusing parents . / reverse /� A/ r tc E CONTINUED ON 4jji 4j-R YES S;ON.4ruR£ REC03v1MENiDAT?ON OF COtiNTY ArJMiN4STRATC3R __R£CO1viMENDAT?ON OF$ORAD OM T TEE APPROVE OTHER SIGNATURE St ACTION OF BOARD ON Ma- o 1999 -- ------APPROVED AS RECOMMENDED � OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT X-0-ME } 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 Ma37?:,� a Contacts .DaY"nna Fabella, 3-1583 PHIL BATCHELOR,CLERK OF THE BOARD OF cc: SOCIAL SERVICE (CONTIRA.0 I S UNIT) SUPERVESORS AND COUNTY ADMINISTRATOR COUNTY ADMINISTRATOR AUDITOR-CONPROLLER CONTRACTOR ICY </ DEPUTY TO: BOARD OF SUPERVISORS �,.....:_•_o Contra FROM: Sohn Cullen, Director ,'. Social Service Department Costa DATE: April 22, 1999 r;___.o_. County C UK SUBJECT: AUTHORIZE the Director, Office on Aging,to amend contract #40-059-1 with Rehabilitation Services of Northern California SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. R COIVI�M NDATION: APPROVE AND AUTRIZE the Director, Office on Aging, or his designee to - UTE ANIS SIGN the following Contract Amendment as specified below: CONTRACTO SERVICE PAYMENT Rehabilitation Services of Add a part-time LIMT Northern California administrator, including $80,000.00 (40-059-1) fringe benefits and (increased by indirect cost and make $20,625.00) repairs to the Alzheimer's Facility roof. The contract period, July 1, 1998 through June 30, 1999, remains the same. II. EINNCIAL IMPACT No County funds are required. All funds are Older Californian's Act revenue. 'Match is provided by Contractor. III. BACKGROUND On August 5, 1998 the Board of Supervisors authorized approval to conduct contract negotiations and authority to sign Older Californian's Act contracts for the Office on Aging. On November 17, 1998 the Office on Aging received ProgramMemo 98-33 (P) from the California Department of Aging amending Standard Agreement No. 40-059-1, by adding $20,625 for the Alzheimer's Program. a CONTINUED ON ATTACHMENT: SIGNATURE: }`u� / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ! APPROVE OTHER SIGNATURES j ACTION OF BOARD ON_- v 5, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT �V °ri - ) 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. Barbara Morrow , Contact: California Department of Aging ATTESTEDMay ., 1990 BATCHELOR,CLERK o> THE BOARD OF Auditor CAOSUPERVISORS AND COUNTY ADMINISTRATOR ,DEPUTY SZ TO: BOARD of SUPERVISORS FROM: Victor J. Westman, County Counsel. By. Andrea W. Cassidy, Deputy County Counsel DATE: May 25, 1999 SUBJECT: In-Home Supportive Services Interagency Agreement SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKGROUND AND JUSTIFICATION RECQMMENDA1'I N Approve and authorize the Chair, Board of Supervisors, to execute an interagency agreement between Contra Costa County and the Contra Costa County In-Home Supportive Services (IHSS) Authority which outlines the respective responsibilities and obligations of the County and the Authority regarding the IHSS Program and provides for the budget of the Authority for the 1999-2000 fiscal year. FISCAL IMPACT The funding for this interagency agreement is provided for by combined federal, state and county funds. The County share of administrative costs will average approximately 22-23% . BACKGROUND/REASONS FOR RECOMMENDATIONS On March 17, 1998, the Board of Supervisors enacted ordinance No. 98-14 establishing the Contra Costa County In-Home Supportive Services Authority, an independent public agency to provide for the delivery of in-home supportive services . While the new entity is an independent public authority, it will be have specified services provided by County Departments and in turn will provide specific services to the County, therefore requiring an agreement setting forth each parties obligations and responsibilities. CONTINUED ON ATTACHMENT: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) :/� � ACTION OF BOARD ON 25, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT Ione TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED__?` y 25 I999 cc: Social Service Dept. Human Resources Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY` � � - DEPUTY D CONTACT; Andrea W. Cassidy, 335-1837 INTERAGENCY AGREEMENT BETWEEN COUNTY OF CONTRA COSTA AND THE CONTRA COSTA COUNTY IN-HOME SUPPORTIVE SERVICES AUTHORITY 1. Effective Date and Parties. Effective July 1, 1999, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(hereinafter referred to as the`'COUNTY."), and the CONTRA COSTA COUNTY IN-HOME SUPPORTIVE SERVICES AUTHORITY, a public authority established pursuant to Welfare and Institutions Code 12301. i and Contra Costa County Ordinance Number 98-14 to provide in-home supportive services (hereinafter referred to as the"AUTHORITY') hereby mutually promise and agree as follows: 2. Purpose. The purpose of this Agreement is to delineate the separate and mutual responsibilities and obligations of each entity for the provision and administration of In-Home Supportive Services (hereinafter referred to as"IHSS") to the recipients of IHSS, to the providers of IHSS and to each other. It is the intent of each entity to work in a cooperative manner in order to ensure that IHSS is delivered in a prompt and efficient manner, with primary consideration given to the needs of the IHSS recipient. 3. Term. The term of this Agreement is from July 1, 1999 through June 30, 2000. This Agreement may be renewed annually upon mutual written agreement of the parties. 4. Separate Entities. The AUTHORITY is a public entity separate from the COUNTY, is a corporate public body exercising public and essential governmental functions, and it has all powers necessary and convenient to carry out the provider components of IHSS. 5. Duties and Responsibilities. A. COUNTY. The following are responsibilities and obligations of the COUNTY in relation to the AUTHORITY. I. The exclusive right to authorize services for an IHSS recipient. 2. Sole authority for the determination of need for IHSS, the level and quality services required, and the eligibility of individuals to be served. 3. Initial assessment and reassessment of continuing need for services by recipient. 4. The exclusive right to terminate the recipient's participation in the IHSS program at any time based on regulatory requirements. 5. Provide orientation to all appropriate COUNTY staff regarding the AUTHORITY's role, responsibilities, and contract agreements. 1, of 10 6. Refer all appropriate IHSS recipients to the AUTHORITY for AUTHORITY services. 7. Assist the AUTHORITY to obtain complete and current information with respect to pertinent statutes, regulations, policies, procedures and guidelines which apply to the delivery of IHSS. 8. Provide a liaison to the AUTHORITY from the Aging and Adult Services Division. 9. Maintain and control all services by the Special Needs Desk of the IHSS program. 10. Evaluate the effectiveness, level and quality of service provided by the AUTHORITY. 11. Provide certain services to the AUTHORITY. These services shall ineludethe following: A. Social Service Department, or its successor, Employment and Human Services Department, shall consult with the AUTHORITY staff. 1) to develop the AUTHORITY budget, materials required by the State, Public Authority reimbursement rate and Interagency Agreements; 2)to provide full fiscal services to the AUTHORITY, including purchasing services, claiming of costs, providing a revolving fund and payment of operational invoices; 3) regarding the AUTHORITY educational and informational activities and proposed contracts; 4) regarding development and operations of Registry, provider screening, referral system, recipient and provider training and support services, and other Board of Supervisorapproved functions; 5) regarding the implementation of the Interagency Agreement and the provision of services agreed to in the Interagency Agreement, subject to all conditions; 6) to monitor the AUTHORITY budget; and, 7)to submit required materials to the State, including the Public Authority rate approval application and documentation of fiscal claims; B. County Administrator shall provide an administrative liaison with the Board of Supervisors; 2of10 C. Human Resources Department shallprovide 1)representation for collective bargaining with IHSS providers' employee organization; 2) human resources management of employee recruitment, classification, salary structure and employment issues; 3) employee benefits and benefits management; and 4) development of the AUTHORITY Personnel Rules; D. County Counsel shall provide 1) legal consultation services related to the AUTHORITY's contracts, board memos and resolutions; 2) legal representation in proceedings; and 3) consultation with the AUTHORITY staff regarding the development and operations of the Registry, provider screening, referral system, recipient and provider training and support services, and other Board of Supervisor approved functions; E. Risk Management shall provide 1) risk analysis of exposure to loss and consultation on the AUTHORITY's insurance coverage; and 2) arrangement for and approval of necessary AUTHORITY insurance coverage; F. Auditor shall provide payroll services for the AUTHORITY's employees. B. AUTHORITY. The following are responsibilities and obligations of the AUTHORITY: 1. Act as the "employer of record" for individual providers (g') serving the IHSS recipients. This activity may include, but not be limited to: a. Work with IPs, recipients, payroll clerks and social workers regarding payroll problems, questions and issues; and, b. Refer items to the Human Resources Department, Labor Relations Unit for meet and confer with the recognized IP employee organization; 2. Develop and manage an IHSS provider registry and referral system for referral of providers to recipients; 3. Investigate qualifications and background of potential IHSS providers; 4. Provide recipient input into the AUTHORITY program and policy 3 of 10 development through the AUTHORITY Advisory Committee; 5. Provide access to written materials or training sessions for IHSS providers and recipients, as well as notices of training opportunities available in the community; 6. Maintain all necessary and required records; 7. Provide or refer to supportive services that assist in assuring a successful, productive, accountable relationship between IHSS recipients and providers; 8. Provide an appeal process by which IPs shall have the opportunity to contest their removal from the Registry. 9. Assure compliance with all applicable Federal, State and local laws, regulations and codes. 10. Provide adequate administrative and supervisory and support personnel to carry out the provisions of this Agreement. 11. Provide COUNTY with information needed in preparing the COUNTY's billing to the California Department of Social Services (DSS) for State and Federal share of the AUTHORITY costs. This information will be provided within five(5)working days of the request. 12. Assist COUNTY in developing and submitting to the DSS and the California Department of Health Services (DHS) materials required for DSS and DHS approval of the AUTHORITY reimbursement rate and any rate adjustment. 13. Perform all services required under this Agreement within the standards of the Performance Measures developed by the Advisory Council and approved by the Board of Supervisors. 6. Fiscal Provisions. A. It is anticipated that the AUTHORITY will be funded by State, Federal and COUNTY monies based on the established IHSS cost sharing ratios. This Agreement contemplates that all payments to IHSS providers for hourly IHSS services will be issued by the State of California directly to the providers, and all workers' compensation coverage for Ips shall be provided through the State of California. The COUNTY will be billed by the State of California for the COUNTY share of the IHSS services according to the cost sharing ratios. 4of10 1. The COUNTY's total financial obligation under this Agreement shall be determined annually during the COUNTY's annual budget process. The COUNTY's final Adopted Budget for the AUTHORITY FY 99,2000 is attached hereto as Exhibit A and subsequent respective budgets shall be attached for any year in which this Agreement is renewed. 2. The costs of all services provided herein by COUNTY departments or units shall be paid for on a fee for service basis and limited by the budgeted amount set forth in the attached FY 99/2000 Budget for Professional Services, or the applicable budget for future years provided for by authorized renewal of this Agreement, as set forth in Exhibit B, Milling and Payment,which is attached and made part of this Agreement by reference. B. Availability of Funds. Payment for all services provided under this Agreement is contingent upon the availability of COUNTY, State and Federal funds for the purpose of providing IHSS. 7. Termination. This Agreement may be terminated under the following conditions: A. This Agreement may be terminated by the COUNTY, in its sole discretion, with or without cause, when a thirty(30) day written notice is provided to the AUTHORITY. B. This Agreement may be terminated by the AUTHORITY without cause when a sixty (60) day written notice is provided to the COUNTY. 8. Monitoring/Audit Provisions. A. Authorized representatives of the COUNTY, State, and Federal governments shall have the right to monitor and audit all aspects of operations under this Agreement. 1. The AUTHORITY shall cooperate fully in any monitoring or auditing conducted by the COUNTY or other governmental agency. 2. Monitoring by the COUNTY may be accomplished by the following means: field reviews, audit of claims, and monthly review of records. 3. COUNTY shall notify the AUTHORITY in writing within thirty(30) calendar days of the discovery of any potential audit exceptions discovered during any monitoring or auditing examination. B. The AUTHORITY agrees that its financial records shall contain itemized records of all 5 of 10 casts and be available for inspection in and by COUNTY within three (3)working days of the request by any COUNTY, State, or Federal agency. C. The AUTHORITY agrees to maintain all required program, fiscal, statistical and management records locally and make such records available for inspection by COUNTY, State, and Federal representatives at all reasonable times. D. Records Retention. 1. The AUTHORITY agrees to maintain all records pertaining to service delivery and fiscal administrative controls for a minimum of three (3)years after final payment for a given fiscal year has been made, or until all pending COUNTY, State and Federal audits are completed, whichever is later. 2. Upon request, the AUTHORITY shall make any of the retained records available in the COUNTY to all authorized COUNTY, State, and Federal representatives. 9. General Provisions. A. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the COUNTY and the AUTHORITY and no other understanding, oral or otherwise, regarding this Agreement shall be deemed to exist or to bind any of the parties of this Agreement. B. Agreement to Transition Process 1. Upon execution of this Agreement, COUNTY shall provide all necessary IHSS information to the AUTHORITY to allow it to implement the program components contained herein. 2. The AUTHORITY agrees to provide all information deemed necessary by the COU�--TY for use in transitioning, rebidding, or discontinuing this Agreement. 3. When terminating this Agreement, for any reason, the AUTHORITY shall assist the COUNTY in the orderly transfer of the AUTHORITY services to a successor contractor or other entity. C. Insurance. Prior to commencement of work under and throughout the term of this Agreement, the AUTHORITY shall maintain for its own account, the following: 1. Workers' Compensation insurance covering the AUTHORITY administrative 6of10 staff Ps' workers' compensation coverage shall be provided through the State of California). 2. General and Automobile Liability insurance with a minimum limit of liability in the amount of at least five million dollars ($5,000,000.00) per occurrence. The General Liability insurance shall include coverage for claims for or arising out of personal injury, property damage, contractual liability and public officials' liability. 3. The AUTHORITY shall provide COUNTY with evidence of such insurance referenced in sub-sections C(1) and C.(2) above, in the form of a Certificate of Insurance, from an insurer acceptable to COUNTY, within thirty(30) days written notice to the COUNTY by certified mail, of cancellation or material change in said policies. The AUTHORITY's General Liability and Automobile Liability policies are to be endorsed to include COUNTY as an Additional Insured, evidence of which is to appear on the Certificate of Insurance. Any such policies shall act as the primary insurance, and no insurance held or owned by the COUNTY shall be called upon to cover a loss under the AUTHORITY's insurance policy. D. Hold Harmless and Indemnification. I. The AUTHORITY OR AUTHORITY'S employees, agents, and/or representatives shall indemnify and save harmless the COUNTY, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind and description, (A)brought for, or on account of injuries to or death of any person, including the AUTHORITY and the employees, agents and/or representatives of the AUTHORITY under this Agreement, or damage to any property of any kind whatsoever and to whomsoever belonging, arising out of the AUTHORITY'S activities or the activities of the employees, agents, and/or representatives of AUTHORITY under this Agreement, (B) incurred by COUNTY as a result of the AUTHORITY'S violation of any duty under this Agreement including but not limited to the acts of employees, agents and/or representatives of the AUTHORITY resulting in any actual or proposed disallowance by the State of California to the COUNTY's claim for reimbursement, (C) incurred by COUNTY as a result of the AUTHORITY'S failure to pay and discharge any obligation incurred by the AUTHORITY, including but not limited to the acts of employees, agents and/or representatives of the AUTHORITY with third parties in the performance of its duties under this Agreement, or(D) incurred by COUNTY from any State hearing cash grant award or lawsuit award not limited to the acts of employees, agents and/or representatives of the AUTHORITY, (E)by reason of any failure to withhold and/or pay to the government income and/or employment taxes from earnings under this Agreement as made necessary by Section 530 of the Revenue Act of 1978, (P) and for any other loss or cost, including but not limited to the concurrent active or passive negligence of COUNTY, its officers, agents, employees, or servants, resulting from the performance of any work required of the AUTHORITY or payments made pursuant to this Agreement, provided that 7 of 10 this shall not apply to injuries or damage for which COUNTY has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. 2. The duty of the AUTHORITY to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. E. Independence of the AUTHORITY. The AUTHORITY is, for all purposes arising out of this Agreement, an Independent Contractor and neither the AUTHORITY, nor its employees, shall be deemed an employee of the COUNTY. COUNTY OF CONTRA COSTA IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY f" By ri� By .� , /Ch4r Pr6ard of Supervisors 5'igna re/Title ;f Date: ;'Date: Approved as to form: Recommended to the County VICTOR J. WESTMAN Board of Supervisors COUNTY COUNSEL By: By Deputy Title C.\MyFi1cs\ 3SS\PA2, pd 8of10 Rtt Ct3 tMri tDEt3 Contra Cosu Cir"S pubiic Au'C F7 59t3 M Budget&Rata _ _ ITEftt BUDGET_� --SERVICES ADMIN.-- ATE �-_- _.._ -- _ �� - ,- 9900,000 Firs $28,175,000 $29175„0001 $5.76001 -- 2 4tEKMR!gYar Taxes A 11.063'4 I $2,271,46 452.271.48® _ f0.4d36' _ Adrninbtmtiva$alariee _ - i_ _----- - --- __�-j C - - - ;Exe Dimaw 571 006 $71,0000 f teat I $57 000 - � - 557 0001 i -- !Train' S istg .5 $105000 $405000 Ofli0a MansoadSocreWry �5,,p3 00n0n0 n0h0rt0 $O ntt• _ J 5289 YW { 4 $289,000 _ $O.OU Total ' _ tJ4dynkniatrxtive Bansffta Taxes ft 359, -- 593 800 $93.900 1 $0.1119# 'Administrative Travel , - Miiaaga 5100 iGr itwr ata- ttpw mtsrtitt $8.000... - X0 00! ! 50.0012 --- � Advisarg Commititta Ex ria - s —AA-1pMe(average 530 per mnifl/i i marc era) ! -S3 9001 $0.0008+ r - i Sffil $800 1 ae?y _50.000 - _-- e #tirxre*rashmanil3uPi5ias{S100DarmnSts} $1,2001^- $14.40021__ t- - - 9_. _„Staf4'da Adv.Comm.TravailCOnf9rtw9+c�s -�_ 52,0001 _�-- 52,0001'- 50.0004���-__-.-1 _ 10_ ..-Sias S Adv.Comm.Tninir►g $2,0001_ �. _ $2 000: x0.00041 ----i 99 -- Uabil &YYorkers Com ins, $20,0001520.000 i 50.0041 I r 12 �Ttavurtg_t A313 _ _ - f--- 5#0.800 $0—00.3_ 2 93 Ttamrr9g ffi �900 z $22,500 -50 _+ ----- ,Office Expense 7$ _ . . mor _ 5 e- $29 200 i _-_ $28.200 95 OI(t0......ure- ;------$28,200[ _ 5##0004 _�_-....___...._.�_ -S#4,000 $0.0022 - � - - 98 - Ftve com &tststbrare! 520 000 - -- 4 -- + - - •- -- -- 520,000 4143 0041 -- 17_ FAX mach ne 8 mstallabon 1 $1 000 I � 5!,000 tom- $0 0002--_ ' ._..-_ _..._.. ..� .- -. �_._.. 59,'4801 - - - 390 __ - .0043 j 30 9$ Te3e t opl 4tttes&installabon 57 0001 $12,000 -$7 004)l- _ $0 00#4 _. - -- _ 512,004E { 50 0024 _ Zt __C}ffttxaSuP�Etes - _._ - - ss,-72-5T—i - 5617251 5006-1 _ — - - — -- --- - _ _.Pooriderrectytsrnent(advcRisa�g}--_____--__ $8 23 F'rinfirtg---- - - , $7.000 $0.00141 -- 24 Books,Perftadicffil;t_..-_- - - $5001 _- - Professional Sarvicea 25 Aocoun{ng aetvicea $4,0001 54,ODO,LL! $0.0008 i 26Anr9stal 8udi!costs - - - Labor Relattans - 27 $301000! $0.0061 28 human Resources SEaff Ltatstut - - $35 0404 j i -$35,000 $0.0071 f--- i *L Seevk s_. - $54 000 1 554 000 SUM_! 30 Soc.Se_ rv�pDe t Staff Liaison 539 900 1 t- -'5$1,000 36 50 0076 j-- 39 Risk Man$g-senetst�ServiCes S#,000 _ 1 1 #X000! x.$0 04402 - --i 32,_�1T1Ptogrsamming - _ 57 i 7- 57„ -._ 33 �Cisuiiers txia. -� - - I R a-5004!#5 ----t----,--Y 34 - --� ..� 58,rs00 fi_ 5000i-3 35. ,4Nlscapanatxua E9c�farteee_ �-- --+--- - -58 5001 OOi3 -- - -- - -TOTAE;_ _-_ .__--- 531,l70�9rs4; r _ 530,446,4691- _ -----5724,395 $6.36141 i CCCOSUDG,M.4 0:31G6M 488$4 (} C y 0 02:99 PM 7 ofill BILLING AND PAYMENT 1, The AUTHORITY shall receive funding for administrative expenses through the Social Service Department, or its successor, Employment and Human Services Department and such funding will be processed through a separate account on behalf of the AUTHORITY.. 2. All COUNTY departments providing services to the AUTHORITY under this Agreement shall submit payment demands for such services to the AUTHORITY on at least a quarterly basis. All payment demands for services shall be limited to the maximum budgeted amount set forth for the applicable department in Exhibit A, or, if a new budget is adopted for the AUTHORITY by its governing body, the demands for services provided by any COUNTY department in any future year, shall be limited to the amount set forth for that department in the new budget applicable for that year. 3. The AUTHORITY's Executive Director shall review all requests for payment for services or goods provided and, if approved, submit to the Social Service Department, or its successor, Employment and Human Services Department, Fiscal Unit for processing the payment from the AUTHOR.ITY's account. EXHIBIT B 10 of 10 INI TERAGENCY AGREEMEN=T BETWEEN COUNTY OF CONTRA COSTA AND THE CONTRA COSTA COUNTY IN-HOME SUPPORTIVE SERVICES AUTHORITY 1. Effective Date and Parties. Effective July 1, 1999, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(hereinafter referred to as the"COUNTY."), and the CONTRA COSTA COUNTY I11JT-HOME SUPPORTIVE SERVICES AUTHORITY, a public authority established pursuant to Welfare and Institutions Code §12301.6 and Contra Costa County Ordinance Number 98-14 to provide in-home supportive services(hereinafter referred to as the"At`THORITY")hereby mutually promise and agree as follows 2. Purpose. The purpose of this Agreement is to delineate the separate and mutual responsibilities and obligations of each entity for the provision and administration of In-Horne Supportive Services (hereinafter referred to as"IHSS")to the recipients of IHSS, to the providers of IHSS and to each other. It is the intent of each entity to work in a cooperative manner in order to ensure that IHSS is delivered in a prompt and efficient manner, with primary consideration given to the needs of the IHSS recipient. 3. 'Perm, The term of this Agreement is from July 1, 1999 through June 30, 2000. This Agreement may be renewed annually upon mutual written agreement of the parties. 4. Separate Entities. The AUTHORITY is a public entity separate from the COUNTY, is a corporate public body exercising public and essential governmental functions, and it has all powers necessary and convenient to carry out the provider components of IHSS. 5. Duties and Responsibilities. A. COUNTY. The following are responsibilities and obligations of the COUNTY in relation to the AUTHORITY. 1. The exclusive right to authorize services for an IHSS recipient. 2. Sole authority for the determination of need for IHSS, the level and quality services required, and the eligibility of individuals to be served. 3. Initial assessment and reassessment of continuing need for services by recipient. 4. The exclusive right to terminate the recipient's participation in the IHSS program at any time based on regulatory requirements. 5. Provide orientation to all appropriate COUNTY staff regarding the AUTHORITY's role, responsibilities, and contract agreements. 1 of 10 6. Refer all appropriate IHSS recipients to the AUTHORITY for AUTHORITY services. 7. Assist the AUTHORITY to obtain complete and current information with respect to pertinent statutes, regulations, policies, procedures and guidelines which apply to the delivery of IHSS. 8. Provide a liaison to the AUTHORITY from the Aging and Adult Services Division. 9. Maintain and control all services by the Special Needs Desk of the IHSS program. 10. Evaluate the effectiveness, level and quality of service provided by the AUTHORITY. 11. Provide certain services to the AUTHORITY. These services shall includethe following: A. Social Service Department, or its successor, Employment and Human Services Department, shall consult with the AUTHORITY staff: 1)to develop the AUTHORITY budget, materials required by the State, Public Authority reimbursement rate and interagency Agreements, 2)to provide full fiscal services to the AUTHORITY, including purchasing services, claiming of costs, providing a revolving fund and payment of operational invoices; 3)regarding the AUTHORITY educational and informational activities and proposed contracts; 4)regarding development and operations of Registry, provider screening, referral system, recipient and provider training and support services, and other Board of Supervisor approved functions; 5) regarding the implementation of the Interagency Agreement and the provision of services agreed to in the Interagency Agreement, subject to all conditions; 6)to monitor the AUTHORITY budget; and, 7)to submit required materials to the State, including the Public Authority rate approval application and documentation of fiscal claims, B. County Administrator shall provide an administrative liaison with the Board of Supervisors; 2 of 10 C. Human Resources Department shallprovide 1)representation for collective bargaining with IHSS providers' employee organization; 2) human resources management of employee recruitment, classification, salary structure and employment issues; 3) employee benefits and benefits management; and 4) development of the AUTHORITY PersonnelRules; D. County Counsel shall provide 1) legal consultation services related to the AUTHORITY's contracts, board memos and resolutions; 2) legal representation in proceedings, and 3)consultation with the AUTHORITY staff regarding the development and operations of the Registry, provider screening, referral system, recipient and provider training and support services, and ether.Board of Supervisor approved functions, E. Risk Management shall provide 1) risk analysis of exposure to loss and consultation on the AUTHORITY's insurance coverage; and 2) arrangement for and approval of necessary AUTHORITY insurance coverage; F. Auditor shall provide payroll services for the AUTHORITY's employees. B. AUTHORITY. The following are responsibilities and obligations of the AUTHORITY. 1. Act as the"employer of record"for individual providers(IP) serving the IHSS recipients. This activity may include, but not be limited to: a. Work with IPs, recipients, payroll clerks and social workers regarding payroll problems, questions and issues; and, b. Refer items to the Human Resources Department, Labor Relations Unit for meet and confer with the recognized IP employee organization; 2. Develop and manage an IHSS provider registry and referral system for referral of providers to recipients; 3. Investigate qualifications and background of potential IHSS providers; 4. Provide recipient input into the AUTHORITY program and policy 3 of 10 development through the AUTHORITY Advisory Committee; 5. Provide access to written materials or training sessions for IHSS providers and recipients, as well as notices of training opportunities available in the community; 6. Maintain all necessary and required records; 7. Provide or refer to supportive services that assist in assuring a successful, productive, accountable relationship between IHSS recipients and providers; 8. Provide an appeal process by which IPs shall have the opportunity to contest their removal from the Registry. 9. Assure compliance with all applicable Federal, State and local laws, regulations and codes. 10. Provide adequate administrative and supervisory-and support personnel to carry out the provisions of this Agreement. 11. Provide COUNTY with information needed in preparing the COUNTY's billing to the California Department of Social Services (DSS)for State and Federal share of the AUTHORITY costs. This information will be provided within five (5)working days of the request. 12. Assist COUNTY in developing and submitting to the DSS and the California Department of Health Services(DHS) materials required for DSS and DHS approval of the AUTHORITY reimbursement rate and any rate adjustment. 13. Perform all services required under this Agreement within the standards of the Performance Measures developed by the Advisory Council and approved by the Board of Supervisors. 6. Fiscal Provisions, A. It is anticipated that the AUTHORITY will be funded by State, Federal and COUNTY monies based on the established IHSS cost sharing ratios. This Agreement contemplates that all payments to IHSS providers for hourly IHSS services will be issued by the State of California directly to the providers, and all workers' compensation coverage for IPs shall be provided through the State of California. The COUNTY will be billed by the State of California for the COUNTY share of the IHSS services according to the cost sharing ratios. 4 of 10 1. The COUNTY's total financial obligation under this Agreement shall be determined annually during the COLLA- TY's annual budget process. The COL NTY's final Adopted Budget for the AUTHORITY FY 99/2000 is attached hereto as Exhibit A and subsequent respective budgets shall be attached for any year in which this Agreement is renewed. 2. The costs of all services provided herein by COUNTY departments or units shall be paid for on a fee for service basis and limited by the budgeted amount set forth in the attached FY 99/2000 Budget for Professional Services, or the applicable budget for future years provided for by authorized renewal of this Agreement, as set forth in Exhibit B, Billing and Payment, which is attached and made part of this Agreement by reference. B. Availability of Funds. Payment for all services provided under this Agreement is contingent upon the availability of COUNTY, State and Federal funds for the purpose of providing IHSS. 7. Termination. This Agreement may be terminated under the following conditions: A. This Agreement may be terminated by the COUNTY, in its sole discretion, with or without cause, when a thirty(30) day written notice is provided to the AUTHORITY. B. This Agreement may be terminated by the AUTHORITY without cause when a sixty (60) day written notice is provided to the COUNTY. 8. Monitoring/Audit Provisions. A. Authorized representatives of the COUNTY, State, and Federal governments shall have the right to monitor and audit all aspects of operations under this Agreement, 1. The AUTHORITY shall cooperate fully in any monitoring or auditing conducted by the COUNTY or other governmental agency. 2. Monitoring by the COUNTY may be accomplished by the',following means: field reviews, audit of claims, and monthly review of records. 3. COUNTY shall notify the AUTHORITY in writing within thirty(30) calendar days of the discovery of any potential audit exceptions discovered during any monitoring or auditing examination. B. The AUTHORITY agrees that its financial records shall contain itemized records of all 5 of 10 costs and be available for inspection in and by COUNTY within three (3)working days of the request by any COUNTY, State, or Federal agency. C. The AUTHORITY agrees to maintain all required program, fiscal, statistical and management records locally and make such records available for inspection by COUNTY, State, and Federal representatives at all reasonable times. D. Records Retention. 1. The AUTHORITY agrees to maintain all records pertaining to service delivery and fiscal administrative controls for a minimum of three (3)years after final payment for a given fiscal year has been made, or until all pending COUNTY, State and Federal audits are completed, whichever is later. 2. Upon request, the AUTHORITY shall make any of the retained records available in the COUNTY to all authorized COUNTY, State, and Federal representatives. 9. General Provisions. A. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the COUNTY and the AUTHORITY and no other understanding, oral or otherwise, regarding this Agreement shall be deemed to exist or to bind any of the parties of this Agreement. B. Agreement to Transition Process 1. Upon execution of this Agreement, COUNTY shall provide all necessary IHSS information to the AUTHORITY to allow it to implement the program components contained herein. 2. The AUTHORITY agrees to provide all information deemed necessary by the COUNTY for use in transitioning, rebidding, or discontinuing this Agreement. 3. When terminating this Agreement, for any reason, the AUTHORITY shall assist the COUNTY in the orderly transfer of the AUTHORITY services to a successor contractor or other entity. C. Insurance. Prior to commencement of work under and throughout the term of this Agreement, the AUTHORITY shall maintain for its own account, the following. 1. Workers' Compensation insurance covering the AUTHORITY administrative 6of10 staff(IPs' workers' compensation coverage shall be provided through the State of California). 2. General and Automobile Liability insurance with a minimum limit of liability in the amount of at least five mullion dollars($5,000,000.00) per occurrence. The General Liability insurance shall include coverage for claims for or arising out of personal injury, property damage, contractual liability and public officials' liability. 3. The AUTHORITY shall provide COUNTY with evidence of such insurance referenced in sub-sections C(1) and C.(2)above, in the form of Certificate of Insurance, from an insurer acceptable to COUNTY,within thirty(30) days written notice to the COUNTY by certified mail, of cancellation or material change in said policies. The AUTHORITY's General Liability and Automobile Liability policies are to be endorsed to include COUNTY as an Additional Insured, evidence of which is to appear on the Certificate of Insurance. Any such policies shall act as the primary insurance, and no insurance held or owned by the COUNTY shall be called upon to cover a loss under the AUTHORITY's insurance policy. D. Hold Harmless and Indemnification. I, The AUTHORITY OR AU THOR.ITY'S employees, agents, and/or representatives shall indemnify and save harmless the COUNTY, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind and description, (A)brought for, or on account of injuries to or death of any person, including the AUTHORITY and the employees, agents and/or representatives of the AUTHORITY under this Agreement, or damage to any property of any kind whatsoever and to whomsoever belonging, arising out of the AL7HORITY'S activities or the activities of the employees, agents, and/or representatives of AUTHORITY under this Agreement, (l3) incurred by COUNTY as a result of the AUTHORITY'S violation of any duty under this Agreement including but not limited to the acts of employees, agents and/or representatives of the AUTHORITY resulting in any actual or proposed disallowance by the State of California to the COUNT TY's claim for reimbursement, (C) incurred by COUNTY as a result of the AUTHORIITY'S failure to pay and discharge any obligation incurred by the AUTHORITY, including but not limited to the acts of employees, agents and/or representatives of the AUTHORITY with third parties in the performance of its duties under this Agreement, or(D)incurred by COUNTY from any State hearing cash grant award or lawsuit award not limited to the acts of employees, agents and/or representatives of the AUTHORITY, (E)by reason of any failure to withhold and/or pay to the government income and/or employment taxes from earnings under this Agreement as made necessary by Section 530 of the Revenue Act of 1978, (F) and for any other loss or cost, including but not limited to the concurrent active or passive negligence of COUNTY, its officers, agents, employees, or servants, resulting from the performance of any work required of the AUTHORITY or payments made pursuant to this Agreement, provided that 7 of 10 this shall not apply to injuries or damage for which COUNTY has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. 2. The duty of the AUTHORITY to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. E. Independence of the AUTHORITY. The AUTHORITY is, for all purposes arising out of this Agreement, an Independent Contractor and neither the AUTHORITY, nor its employees, shall be deemed an employee of the COUNTY. COUNTY OF CONTRA COSTA IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY err y. By By v :2 ate. d �;�✓ ✓sem �e r = air curd of Supervisors Snat#ire/Title Date: date: Approved as to form: Recommended to the County VICTOR J. WESTMAN Board of Supervisors COUNTY COUNSEL By: By Deputy Title C;\MyFi1csMSS\PA2.wpd 8 of 10 RECOMMEWED Contra cow County M3 Pub0civet O tty€Y�swat&rye f !+_1lYr s #,9ki0,d04 tors } 175#XKS 128173 ii0f1 w $6.7500� ---} 1,469 $2.374 489 !# _ 2_ w Taxa x6.062% $2 27 _ f 76eCAhft rAfOCW 171 000 ' _$7l OC 0q;,,,�_ ` Program mariaw $67,000 x57�C1 ?" tliartrvtFsafn#r> e�Ift FTM - 1{55 000# $105000! Sm .. 3 fc f�a T+Dia#sa€sr�a $2ba 000 ,s �CEmin#struthro Senoft sax"a W* S93,1ft36 ... $0$.B�Ct ,ldddtninkftwdw TravrN i # �5. s�._ 100 for P"staff par incift1 i ;_ � 3E. ! � �-m _M,000! � 3 sa.0a13# kA ta5+arat 330 Via#rte_ #t rr+atr># rel + _ -_s3 Dt3c' ~ `t3 000 i $0,0004 Swone r a k g r s'tasnrnannfsrw„ $100j tnntnt _ sW,u __ - s9 2 ice_ 3o.0C,ts ; i• _ _ _.. p 9taft i Adv. nsro.TratraltHt rrtsr+r►�rs - - 13.0001 $2 000 t $0.00"11 1 aCs Staff!d Adv.Comm.Trafa#n} # _$2 0001 „ `L2 000, 10_0004 1 ,u+tfs#fftY tMorker�l 4~.orr► arts. _ �$3�0 i jib,O C)s `-$0.00411 _. — — PrO,rider i 3 _._12- Traurung costs.. (M passionsIM a.J_...�._S#0 N00 (0.0033 13_ Trat"at_t#pendax#a 9%E i4 0poupary, 35 00r sq.ft.par rrwnth} $28.=.�..� ' f�82001�: i5 €o"fumit`urrf iE s6� Five t�sr_rspet#ttts FAX machine&k!sffi##aUon i 11000 t ---�----�--- — ;1,000 S4 oCO2 ~ 10.0013 i_ . tD Teleawo#in"et asatalfati0st $7,0001 37�000�;�$0#1x14 20 opttaga $12,000 �St2,000 f $0.0024 2t. 58,735 _. $t5 725-1- _ _ $0 0014 72_ -or-gvid-er r�Gvfktt ttt atdv f i}® _ a �� 143,800! _ � 3 R*; _ _ s 23 P n5r+0_ $70001 24 Prof_`s Oona(Sery caa , 1 25 #4�r�gt,s+stuir>aas .�_.._.-. $4,000# .._ �s $4.000,1_,,,,,.,,,,,,,' 2d__ ntutua#audit Labor Relations Sorvlm� 27 _._ _ _ tEiSA; x000 s $30 000" #0.00611 � o 2s _ iixn_nenRosomm_tett#.taxon i i $35.00t� 535,0001 $0.0071! 231 I egs#_5en+ s W SU-090 1 S4 000 i 10A 30 ,,Spq.,S+I#mP Staff i.iaisp# _ �t0 i!# $000751 31_ ; k_Maraagrassiattt rv#cw _ _ $1.000# F L $1.000 T n 1t!050 32 tfTM;IrNn mtt?#r 00— - Y $7.5 #_lp - $71500#, _} fLq.00 33__. Covsunam nes &$am.L _s_ . _ si tftemacx�ait�e _..�...�._.��. ....�...�_�—�`___.._.�.#500_"C"�.� �..v"�aes�o�`"_st►,c►ofs ...._._.._. -f-. _� 3S _"Mia i#an s x a CCCt984##3GWKB 0300M 0�!6 I > C7 rEBI d BILLI'.LNG AND PAYNIEIN'T I. The AUTHORITY shall receive funding for administrative expensesthrough the Social Service Department, or its successor, Employment and Human Services Department and such funding will be processed through a separate account on behalf of the AUTHORITY.. 1 All COUNTY departments providing services to the AUTHORITY under this Agreement shall submit payment demands for such services to the AUTHORITY on at least a quarterly basis. All payment demands for services shall be limited to the maximum budgeted amount set forth for the applicable department in Exhibit A, or, if a new budget is adopted for the AUTHORITY by its governing body, the demands for services provided by any COLTNgY department in any future year, shall be limited to the amount set forth for that department in the new budget applicable for that year. 3. The AUTHORITY's Executive Director shall review all requests for payment for services or goods provided and, if approved, submit to the Social Service Department, or its successor, Employment and Human Services Department, Fiscal Unit for processing the payment from the AUTHORITY's account. EXHIBIT B 10 of 10 N k" Centra ' - Costa TO: BOARD OF SUPERVISORS County FROM: Dennis M,. Barry, AICP Community Development Director DATE : May 25, 1999 SUBJECT: Legal Services Contract Amendment for CDBG/HOME Programs SPECIFIC REQUEST (S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Deputy Director, Redevelopment, or his designee to amend the current legal services contract with Goldfarb and Lipman to increase the payment limit from a maximum of $40, 000 to a maximum of $47,000. Goldfarb and Lipman provides legal services to the County in connection with affordable housing and economic development loans made with Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds. FISCAL IMPACT No General Fund impact. HOME and CDBG funds are provided 'to the County on a formula allocation basis through the U.S. Department of CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAIPT65 OF BoMib COMMITTF APPROVE OTHER y j 1 Vis'•7— SIGNATURE (S) ACTION OF BOARD ON Ma25, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: :Kathleen K. Hamm 335- 1257 ATTESTED, , 1399 cc: County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Community Development BY ,�,�''• 3''��s a,,i�� , DEPUTY ,4' Housing and Urban Development (HUD) . The additional funding of $7,000 will erne from administrative funds currently allocated to each program ($3,500 from CDBG and $3,5003 from HOME) . B,AC GRQUNDIREASONS , FFR RECQMMENDATIbNS Centra Costa County receives an annual allocation of approximately $4 million in federal CDBG and HOME funds for use in developing housing affordable to lower income households in the County. These funds are typically provided to affordable housing developers in the form of a loan with favorable loan terms . The County's funds are secured against the property by a deed of trust and specific affordability and use restrictions are incorporated into a loan and regulatory agreement between the County and project developer. In addition to housing, approximately $600,000 in CDBG Funds are allocated on an annual basis to economic development projects designed to create jobs for low--income persons . These funds are also typically secured against the project property through a deed and lean agreement. The law firm. of Goldfarb and Lipman has previously provided the County with legal assistance in negotiating loan terms and drafting the required legal documents for CDLG and HQ?S projects . During the current year, a significant number of housing projects have moved from predevelopent to construction, resulting in a higher than normal number of loan closings and need for .legal assistance, exhausting the current contract budget. The proposed amendment to increase the maximum payment limit by $7 ,000 will provide for additional legal services required to meet the needs of the CDBG and HOME Programs through the remainder of the current fiscal year. kkhlk'81gf2 9 V✓'; r TO: BOAR©OF SUPERVISORS FROM: warren E. Rupf, Sheriff-Coroner Contra Costa DATE: May 93, '1999 County SUBJECT: Contract with Los Angeles County for the Transportation of Inmates SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute on behalf of the County a contract with Los Angeles County for the transportation of inmates for the period July 1, 1999 to June 30, 2004. The cost of this service is $.25 per mile plus $5,22 per meal for the first year of the contract. FISCAL IMPACT: The estimated cost for the five year period 1999-2004 is $12,000, based on historical experience. These funds are included in the Sheriffs Office 1999-00 maintenance budget. If Contra Costa were required to transport these inmates the cost would be significantly higher, and would include both personnel and vehicle costs. The Los Angeles County Auditor calculates the actual cost of transportation and inmate meals charged. The per mile charge has been unchanged for over five years. BACKGROUND: Contra Costa County has contracted with the County of Los Angeles for over ten years to provide inmate transportation along the Interstate 5 corridor. Los Angeles operates an inmate bus system which serves correctional facilities along that route at a cost savings to participating jurisdictions. CONTINUES]ON ATTACHMENT:NO SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECO EN ATION OF BOARD COMMITT APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON. y 25,_1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS €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:a_. ____ __ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Kathy Martin 5-1529 CC:Sheriff-Coroner ATTESTED,.May 25, 1999 CAO Lary&Jastice PHIL BATCHELOR,CLERK OF THE BOARD OF Auditor/Controller SUPERVISORS AND COUNTY ADMINISTRATOR Risk Management BY�e elf 9 c a DEPUTY