Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-000206

 

MEETING DATE:

06/25/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Social Services Agency   (Approved)

Department contact person(s):

Alyson Piguee (714) 245-6190 

 

 

Pam Young (714) 541-7411

 

 

Subject:  Agreement for Child Abuse Consultation and Medical Evaluation Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: FY 2019-20  $201,240
FY 2020-21  $201,240

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: 4/26/2016 #8, 12/17/2013 #54

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Agreement with The Regents of the University of California, on behalf of University of California, Irvine, School of Medicine, Department of Pediatrics, for Consultation and Medical Evaluation Services with a cumulative maximum obligation of $402,480 for the period of July 1, 2019, through June 30, 2021.

 

2.

Pursuant to Contract Policy Manual Section 3.4-114, authorize the Social Services Agency Director or designee to exercise a contingency contract cost increase, not to exceed a total of 10 percent of the contract amount for the first year of the contract, for the entire term of them contract, including renewals, and within the scope of work set forth in the contract.  The use of this contingency contract cost increase is subject to approval requirements established by the County Procurement Officer.

 

 

 

 

SUMMARY:

 

Approval of the Agreement for Child Abuse Consultation and Medical Evaluation Services will provide a multi-disciplinary approach to addressing alleged cases of child abuse, which includes medical consultations, expert witness testimony and forensic medical examinations of victims of child abuse.

 

 

 

BACKGROUND INFORMATION:

 

The Social Services Agency (SSA) is requesting the Orange County Board of Supervisors’ (Board) approval of the Agreement with The Regents of the University of California, on behalf of University of California, Irvine, School of Medicine, Department of Pediatrics (UCI) for Consultation and Medical Evaluation Services for the period of July 1, 2019, through June 30, 2021, for an annual amount of $201,240 and an aggregate amount of $402,480 for the entire two-year term.  The current Agreement expires on June 30, 2019.  The proposed Agreement includes a six percent increase to the proposed hourly rate for the physicians’ services due to an increase in the cost of retaining a medical professional with required qualifications.  SSA is also requesting a 10 percent contingency cost increase in the event that there is an increased need for these services should there be an increase in cases that require consultation services.

 

On April 26, 2016, the Board approved the most recent three-year Agreement with UCI, for the period of July 1, 2016, through June 30, 2019, with an annual obligation of $188,760 for a cumulative maximum obligation of $566,280.  Previously, on December 17, 2013, the Board approved a thirty-month Agreement with UCI, for the period of January 1, 2014, through June 30, 2016, for a cumulative maximum obligation of $300,000.

 

Expert physician services are critical for identifying, evaluating, treating and preventing child abuse and neglect.  Under the proposed Agreement, UCI’s physician services will include consultation to the multi-disciplinary team investigating and prosecuting child abuse, examinations of children who are alleged victims of abuse and medical supervision of clinical staff at the Child Abuse Services Team program, as applicable.  Other services include court testimony for cases that are prosecuted and education and training of medical residents.

 

SSA negotiated this Agreement without formal advertising in compliance with California Department of Social Services Purchase of Service Regulation 23-650.1.14 - Procurement by Negotiation, which authorizes negotiation for any service rendered by any federal, state or local government agency, public university, public college or other public educational institution for an Agreement term up to three years.

 

The Contractor’s performance has been confirmed as satisfactory.  SSA has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.

 

This Agreement has non-standard indemnification provisions that call for mutual indemnity by the parties, in proportion to and to the extent the indemnitee’s liability for injury or damages arising out of performance of the Agreement is caused by, or results from, negligent or intentional acts or omissions of the indemnitor.  In addition, the insurance provisions differ from the standard requirements in that The Regents of the University of California is a self-insured body.  CEO Risk Management has deemed these provisions acceptable.  County Counsel has approved this Agreement as to form.

 

Due to protracted contract negotiations, SSA is submitting this item for Board approval less than 30 days prior to the effective date of the Agreement.

 

 

Outcome Information:

The following table shows the number of consultations provided and/or types of service activities that occurred during the period of July 1, 2016, through February 28, 2019:

 

Consultation Activity

FY 16-17

FY 17-18

FY18-19(1)

Telephone Consultations

338

388

285

In-Person (Forensic Exams)

64

54

34

Third Party Consultations (partner law enforcement agencies)

63

65

24

Record Reviews

160

188

120

Court Testimony

1

0

1

(1) July 1, 2018, through February 28, 2019

Goals and Outcomes for the new Agreement will include the following:

·      Contractor shall provide a minimum of two trainings per year to social workers, nurses and/or SSA staff on child abuse and neglect issues.

·      Contractor shall respond to consultation requests within 48 hours at a minimum, 85 percent of the time.

 

Subcontractors

This contract does not currently include subcontractors or pass through to other providers.  See Attachment C for Contract Summary Form.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Agreement are included in the Budget Control 063/Fund 100 for FY 2019-20 Budget and will be included in the budgeting process for future years.

 

This Agreement is funded by 4 percent federal, 89 percent state and 7 percent County.  Federal and state dollars are comprised of Child Welfare Services funds.  Wraparound Trust funds will be used towards the required match to access federal and state funding. Wraparound Funding is comprised of 40 percent State Realignment and 60 percent County General Funds that can only be reinvested in children's programs. 

 

Contingency of Funds

The proposed Agreement includes provisions that the Agreement is contingent upon the availability of funds and inclusion of sufficient funds in the budget approved by the Board for each fiscal year the Agreement remains in effect or operation.   In the event such funding is terminated or reduced, the County may terminate the Agreement, reduce the County’s maximum obligation or modify the Agreement, without penalty. 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A -  Agreement with the University of California, on behalf of UCI School of Medicine, Department of Pediatrics, #CPY0519
Attachment B - Agreement with the University of California, on behalf of UCI School of Medicine, Department of Pediatrics, #CPY0519 Redline
Attachment C -  Contract Summary Form
Attachment D - Risk Assessment or Modification of Insurance Terms Form
Attachment E -  Cited Codes, Regulations and Statutes