RFP 901337 Adult Inmate Medical Care€¦ · Web viewbidders shall not modify bid form(s) or qualify their bids. bidders shall not submit to the county a scanned, re-typed, word-processed,

**IMPORTANT NOTICE**

The format of this RFP has been simplified. Only the following pages require signatures:

1. Exhibit A – Bid Response Packet, Bidder Information and Acceptance pagea. Must be signed by Bidder

2. Exhibit A – Bid Response Packet, SLEB Partnering Information Sheeta. Must be signed by Bidder b. Must be signed by SLEB Partner if subcontracting

to a SLEB

Please read EXHIBIT A – Bid Response Packet carefully, INCOMPLETE BIDS WILL BE REJECTED. Alameda County will not accept submissions or documentation after the bid response due date.

COUNTY OF ALAMEDAREQUEST FOR PROPOSAL No. 901337

for

Adult Inmate Medical Care Quality Assurance Services

For complete information regarding this project, see RFP posted at http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp or

contact the County representative listed below. Thank you for your interest!

Contact Person: Umiika Wright, Procurement & Contracts Specialist

Phone Number: (510) 208-9607

E-mail Address: [email protected]

RESPONSE DUEby

2:00 p.m.on

July 28, 2015at

Alameda County, GSA–Procurement & Support Services1401 Lakeside Drive, Suite 907

Oakland, CA 94612

Alameda County is committed to reducing environmental impacts across our entire supply chain.

1401 Lakeside Drive, Suite 907 Oakland, CA 94612Phone: 510-208-9600 Website: http://www.acgov.org/gsa/departments/purchasing/

Revised 2015-03-02

http://www.acgov.org/gsa/departments/purchasing/

http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp

If printing this document, please print only what you need, print double-sided, and use recycled-content paper.

Specifications, Terms & Conditionsfor Adult Inmate Medical Care Quality Assurance Services

COUNTY OF ALAMEDAREQUEST FOR PROPOSAL No. 901337

SPECIFICATIONS, TERMS & CONDITIONSfor

Adult Inmate Medical Care Quality Assurance Services

TABLE OF CONTENTSPage

I. STATEMENT OF WORK 4A. INTENT 4B. SCOPE4C. BIDDER QUALIFICATIONS 5D. SPECIFIC REQUIREMENTS 5E. DELIVERABLES / REPORTS 7

II. CALENDAR OF EVENTS 8F. NETWORKING / BIDDERS CONFERENCES 9

III. COUNTY PROCEDURES, TERMS, AND CONDITIONS 10G. EVALUATION CRITERIA / SELECTION COMMITTEE 10H. CONTRACT EVALUATION AND ASSESSMENT 14I. NOTICE OF RECOMMENDATION TO AWARD 14J. TERM / TERMINATION / RENEWAL 15K. BRAND NAMES AND APPROVED EQUIVALENTS 15L. QUANTITIES 16M. PRICING 16N. AWARD 16O. METHOD OF ORDERING 18P. INVOICING 18Q. ACCOUNT MANAGER / SUPPORT STAFF 19

IV. INSTRUCTIONS TO BIDDERS 19R. COUNTY CONTACTS 19S. SUBMITTAL OF BIDS 20T. RESPONSE FORMAT 22

ATTACHMENTS

EXHIBIT A – BID RESPONSE PACKETEXHIBIT B – INSURANCE REQUIREMENTSEXHIBIT C – VENDOR LIST EXHIBIT D – SAMPLE AGENDA CALENDAR EXHIBIT E – SAMPLE AUDIT SCREENSEXHIBIT F – SAMPLE NON-DISCLOSURE AGREEMENT

RFP No. 901337Page 4


I. STATEMENT OF WORK

A. INTENT

It is the intent of these specifications, terms, and conditions to describe the assistance to its Adult Inmate Medical Services (AIMS) Panel in fulfilling its charge to independently assess the quality of medical services delivered to inmates in the Alameda County correctional system.

The County intends to award a three-year contract (with option to renew) to the bidder selected as the most responsible bidder whose response conforms to the RFP and meets the County’s requirements.

B. SCOPE

Alameda County plans to enter into an agreement with a correctional health care quality assurance organization that has the expertise to assist its Adult Inmate Medical Services (AIMS) Panel in fulfilling its charge to independently assess the quality of medical services delivered to inmates in the Alameda County correctional system. The AIMS Panel is a medical advisory committee appointed by the Alameda County Board of Supervisors to advise it and the Alameda County Sheriff’s Office regarding the quality of care that jail inmates are receiving. Interested organizations should have the necessary pool of resources and infrastructure to support periodic site review, which may include analysis of randomly pulled clinical chart data against specific quality metrics, or any other recommendations that may be effective in assisting the AIMS panel to fulfill its charge. Any identified gaps in health care delivery will be accompanied by specific, cost effective recommendations for addressing identified concerns.

In 1988 the Alameda County Board of Supervisors (Board) entered into an agreement with the Alameda-Contra Costa Medical Association (ACCMA) under which the ACCMA would identify community physicians to serve on an advisory medical committee to independently advise the Board regarding the quality of medical services provided to inmates in the Alameda County jail system. The Board’s interest in entering into this agreement was to ensure quality of care for jail inmates, as the County entered into a contract with an outside organization to provide health care services to prison inmates. The ACCMA’s interest in entering into the agreement is to promote the quality of medical care delivered to the inmates. The advisory committee was named the Adult Inmate Medical Services (AIMS) Panel.

Since the inception of the AIMS Panel, it has analyzed the quality of care rendered in the jail system by establishing clinical measures against which medical records would be randomly compared by a utilization review nurse who is under the direction of an



independent review organization contracted by Alameda County to perform these services. This review is conducted on a quarterly basis, along with review of clinical information on any inmate death that takes place. This review process has been in place up until the end of 2013, when the independent contracting organization pulling and analyzing clinical data severed its contract. At this juncture, the AIMS Panel would like to consider new proposals from qualified quality improvement organizations that could succeed the past process to deliver meaningful and independently collected clinical information that would enable the AIMS Panel to assess the quality of care delivered within the jail system.

C. BIDDER QUALIFICATIONS

1. Bidder shall be regularly and continuously engaged in the business of providing quality improvement services and quality assurance services for correctional health care providers for a minimum of five years. Experience must be demonstrated by references provided by Bidder at the time of the bid.

2. Bidder must be a physician or have physicians on staff that possess a medical license for a minimum of five years from the State of California and the Medical Board, including certification number and area of specialty. Bidder shall include verification at the time of bid.

3. Bidder shall possess and maintain all licenses necessary to perform medical and health care audits, including a current license, at a minimum, as a registered nurse or licensed medical physician in the State of California.

4. Contractor and its employees used in the performance of medical records audits, shall have no criminal record and shall be required to pass a background security check administered by the Alameda County Sheriff’s Office (ACSO) prior to the start of any contract awarded as a result of this Request for Proposal (RFP).

D. SPECIFIC REQUIREMENTS

1. The Contractor shall take a sampling of medical records (excluding dental) and perform an audit to, with the objective of economy and effectiveness, identify:

a. deficient areas of operations,

b. controls to guard against a recurrence of those problems, and

c. audit tests to verify the effectiveness of these controls.



2. Contractor shall use audit screens (see samples in Exhibit E) to compile the data. Contractor will submit the completed audit screens to the ACSO, the County Administrator’s Office and the current healthcare services provider monthly.

3. Each audit screen will be rated pass or fail based on a total average percent compliance (%), rate of 80% as shown in the Exhibit E samples.

4. The Contractor, ACSO, and the County will establish appropriate audit screens to be used as a tool to ensure verifiable results.

5. Audit results falling below agreed upon compliance levels will be identified and shared with the current healthcare services provider.

6. Deficiencies reported should be accompanied by suggestions for correction in writing. Contractor may also offer suggestions for areas not deficient but needing improvement.

7. Contractor will discuss deficiencies with ACSO administration before issuing an audit report.

8. The medical records may be available in an electronic form in the future. An on-site review will always be required.

9. Specific requirements for the medical records audit include, but are not limited to, the following:

a. Medical Liaison: Contractor shall coordinate and work with the current County medical healthcare services provider in the review, translation, and evaluation of inmate medical records.

b. Medical Records Review Program : Contractor shall cooperate with the County Administrator’s Office, ACSO, and County committees and comply with their requests for service information and statistics.

c. Additional requirements :

(1) Contractor shall not belong to, or have any affiliation with, the current County medical healthcare services provider or the current County medical liaison officer, such that the selected auditor can independently make uncompromised evaluations, and reviews of the medical records. Upon award of the contract, Contractor shall sign a non-disclosure agreement and conflict of interest statement



to declare a lack of bias with the current County medical liaison officer, or County medical healthcare services provider. (See Exhibit F, Sample Non-Disclosure Agreement, and Conflict of Interest Statement.)

(2) All documents reviewed by the Contractor shall remain confidential and County shall retain ownership of all data and documents collected by the Contractor.

10. Medical records are of a secure and confidential nature. Medical records may not be removed from the premises for any reason. No copies of medical records are to be made for any reason. Contractor shall agree to maintain the confidentiality of all health care records as is required by law. (See Exhibit F, Sample Non-Disclosure Agreement, and Conflict of Interest Statement.) At contract termination, all records shall be returned to County to assure compliance with medical records retention practices.

11. Contractor shall review an average of sixty (60) medical records per month. Contractor shall audit complete inmate medical records to assess and scrutinize the appropriate utilization of services and accuracy of documentation and claims reporting. The audits shall be based upon available closed medical records from the previous month. For example, February audits shall be based upon closed medical records from January. An appropriate sample of cases will be selected from logs provided by the current healthcare services provider, which include, but not limited to, patients treated by the current healthcare services provider. Monthly audits will generally be performed at the Santa Rita Jail Facility. Contractor shall perform audits at the Glenn Dyer location as needed.

E. DELIVERABLES / REPORTS

1. Contractor shall submit audit screens and summaries monthly within four (4) weeks of on-site review. Any determinations of deficiencies requiring the ACSO administration’s attention should be supported by written audit evidence that is sufficient, competent, and relevant. Attached, in Exhibit E, are samples of the audit screens that have been developed in the past. The questions on the forms may change in accordance with accreditation standards and/or consultation with all parties.

2. Contractor shall prepare a report which shall summarize the quantities of records reviewed and/or records with major concerns.



3. The audit summary reports prepared and submitted by the Contractor will provide conclusions and recommendations. The format of the report will be developed by the Contractor in consultation with the ACSO upon award of the contract.

4. Reports shall be submitted to the following entities in paper form:

a. The County medical liaison for evaluation and interpretation of results for each review, as well as recommendations for corrective action, as may be appropriate;

b. The current healthcare services provider; and

c. The County Administrator’s Office.

Contractor shall retain the current County calendar For Medical Record Auditing Services. Exhibit D - Sample Agenda Calendar for Medical Record Auditing Services outlines a repeat six-month cycle to ensure auditing occurs at each facility every month. Nursing sick call audits occur more often due to the volume of people seen by the nursing staff.

II. CALENDAR OF EVENTS

EVENT DATE/LOCATIONRequest Issued June 12, 2015Written Questions Due by 5:00 p.m. on June 30, 2015Networking/Bidders Conference #1

(Online conference option enabled for remote participation)

June 29, 2015 @ 10:00 a.m.

at: General Services AgencyRoom 1107, 11th Floor1401 Lakeside DriveOakland, CA 94612

OR remotely @ http://gsaalamedacounty.adobeconnect.com/admin/show-event-catalog

Networking/Bidders Conference #2 June 30, 2015 @ 2:00 p.m.

at: Public Works AgencyDublin OPS Room 4054825 Gleason DriveDublin, CA 94568

Addendum Issued July 14, 2015Response Due July 28, 2015 by 2:00 p.m. Evaluation Period July 29 - August 24, 2015Vendor Interviews August 20 - 21, 2015Board Letter Recommending Award Issued August 28, 2015


http://gsaalamedacounty.adobeconnect.com/admin/show-event-catalog




Board Consideration Award Date September 15, 2015Contract Start Date October 1, 2015

Note: Award and start dates are approximate.

A. NETWORKING / BIDDERS CONFERENCES

5. The bidders conference held on June 29, 2015 will have an online conference option enabled for remote participation. Bidders can opt to participate via a computer with a stable internet connection (the recommended Bandwidth is 512Kbps) at http://gsaalamedacounty.adobeconnect.com/admin/show-event-catalog. In order to get the best experience, the County recommends that bidders who participate remotely use equipment with audio output such as speakers, headsets, or a telephone. Bidders may also attend this conference in person.

6. Networking/bidders conferences will be held to:

a. Provide an opportunity for Small Local Emerging Businesses (SLEBs) and large firms to network and develop subcontracting relationships in order to participate in the contract(s) that may result from this RFP.

b. Provide an opportunity for bidders to ask specific questions about the project and request RFP clarification.

c. Provide bidders an opportunity to view a site, receive documents, etc. necessary to respond to this RFP.

d. Provide the County with an opportunity to receive feedback regarding the project and RFP.

7. All questions will be addressed, and the list of attendees will be included, in a RFP Addendum following the networking/bidders conference(s).

8. Potential bidders are strongly encouraged to attend networking/bidders conference(s) in order to further facilitate subcontracting relationships. Vendors who attend a networking/bidders conference will be added to the Vendor Bid List. Failure to participate in a networking/bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at a networking/bidders conference is highly recommended but is not mandatory.





III. COUNTY PROCEDURES, TERMS, AND CONDITIONS

A. EVALUATION CRITERIA / SELECTION COMMITTEE

All proposals that pass the initial Evaluation Criteria which are determined on a pass/fail basis (Completeness of Response and Debarment and Suspension) will be evaluated by a County Selection Committee (CSC). The County Selection Committee may be composed of County staff and other parties that may have expertise or experience in assessing the quality of medical services delivered to inmates. The CSC will score and recommend a Contractor in accordance with the evaluation criteria set forth in this RFP. Other than the initial pass/fail Evaluation Criteria, the evaluation of the proposals shall be within the sole judgment and discretion of the CSC.

All contact during the evaluation phase shall be through the GSA–Procurement & Support Services department only. Bidders shall neither contact nor lobby evaluators during the evaluation process. Attempts by Bidder to contact and/or influence members of the CSC may result in disqualification of Bidder.

The CSC will evaluate each proposal meeting the qualification requirements set forth in this RFP. Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the County’s requirements as set forth in this RFP.

Bidders are advised that in the evaluation of cost it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

As a result of this RFP, the County intends to award a contract to the responsible bidder(s) whose response conforms to the RFP and whose bid presents the greatest value to the County, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the County. The goal is to award a contract to the bidder(s) that proposes the County the best quality as determined by the combined weight of the evaluation criteria. The County may award a contract of higher qualitative competence over the lowest priced response.

The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and/or services being solicited.



Each of the Evaluation Criteria below will be used in ranking and determining the quality of bidders’ proposals. Proposals will be evaluated according to each Evaluation Criteria, and scored on the zero to five-point scale outlined below. The scores for all Evaluation Criteria will then be added, according to their assigned weight (below), to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred fifty (550) points, including the possible fifty (50) points for local and small, local and emerging, or local preference points (maximum 10% of final score).

The evaluation process may include a two-stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of bidders that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points, excluding points allocated to references, oral presentation, and interview.

If the two-stage approach is used, the five bidders receiving the highest preliminary scores and with at least 200 points will be invited to an oral presentation and interview. Only the bidders meeting the short list criteria will proceed to the next stage. All other bidders will be deemed eliminated from the process. All bidders will be notified of the short list participants; however, the preliminary scores at that time will not be communicated to bidders.

The zero to five-point scale range is defined as follows:

0 Not Acceptable

Non-responsive, fails to meet RFP specification. The approach has no probability of success. If a mandatory requirement this score will result in disqualification of proposal.

1 PoorBelow average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving objectives per RFP.

2 Fair Has a reasonable probability of success, however, some objectives may not be met.

3 AverageAcceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by Evaluation Committee members.

4Above Average / Good

Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.

5 Excellent / Exceptional

Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification.



The Evaluation Criteria and their respective weights are as follows:Evaluation Criteria Weight

A. Completeness of Response:Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent Addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.

Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process. Pass/FailDebarment and Suspension:Bidders, its principal and named subcontractors are not identified on the list of Federally debarred, suspended, or other excluded parties located at www.sam.gov. Pass/Fail

B. Cost:The points for Cost will be computed by dividing the amount of the lowest responsive bid received by each bidder’s total proposed cost.

While not reflected in the Cost evaluation points, an evaluation may also be made of:1. Reasonableness (i.e., does the proposed pricing

accurately reflect the bidder’s effort to meet requirements and objectives?);

2. Realism (i.e., is the proposed cost appropriate to the nature of the products and services to be provided?); and

3. Affordability (i.e., the ability of the County to finance the services).

Consideration of price in terms of overall affordability may be controlling in circumstances where two or more proposals are otherwise adjudged to be equal, or when a superior proposal is at a price that the County cannot afford. 20 Points

C. Relevant Experience:Proposals will be evaluated against the RFP specifications and the questions below:

15 Points


http://www.sam.gov/


1. Do the individuals assigned to the project have experience on similar projects?

2. How extensive is the applicable education and experience of the personnel designated to work on the project?

D. References (See Exhibit A – Bid Response Packet) 20 PointsE. Oral Presentation and Interview:

The oral presentation by each bidder shall not exceed sixty (60) minutes in length. The oral interview will consist of standard questions asked of each of the bidders and specific questions regarding the specific proposal. The proposals may then be re-evaluated and re-scored based on the oral presentation and interview. 5 Points

F. Understanding of the Project:Proposals will be evaluated against the RFP specifications and the questions below:1. Has proposer demonstrated a thorough understanding

of the purpose and scope of the project?2. How well has the proposer identified pertinent issues

and potential problems related to the project?3. Has the proposer demonstrated that it understands the

deliverables the County expects it to provide?4. Has the proposer demonstrated that it understands the

County’s time schedule and can meet it? 20 PointsG. Methodology:

Proposals will be evaluated against the RFP specifications and the questions below:1. Does the methodology depict a logical approach to

fulfilling the requirements of the RFP?2. Does the methodology match and contribute to

achieving the objectives set out in the RFP?3. Does the methodology interface with the County’s time

schedule? 20 Points

SMALL LOCAL EMERGING BUSINESS PREFERENCE

Local Preference: Points equaling five percent (5%) of bidder’s total score, for the above Evaluation Criteria, will be added. This will be the bidder’s final score for purposes of award evaluation. Five Percent (5%)Small and Local or Emerging and Local Preference: Points Five Percent (5%)



equaling five percent (5%) of bidder’s total score, for the above Evaluation Criteria, will be added. This will be the bidder’s final score for purposes of award evaluation.

B. CONTRACT EVALUATION AN D ASSESSMENT

During the initial sixty (60) day period of any contract, which may be awarded to Contractor, the CSC and/or other persons designated by the County will meet with the Contractor to evaluate service performance and to identify any issues or potential problems.

The County reserves the right to determine, at its sole discretion, whether:

9. Contractor has complied with all terms of this RFP; and

10. Any problems or potential problems with the proposed services were evidenced which make it unlikely (even with possible modifications) that such services have met the County requirements.

If, as a result of such determination, the County concludes that it is not satisfied with Contractor, Contractor’s performance under any awarded contract and/or Contractor’s services as contracted for therein, the Contractor will be notified of contract termination effective forty-five (45) days following notice. Contractor shall be responsible for returning County facilities to their original state at no charge to the County. The County will have the right to invite the next highest ranked bidder to enter into a contract. The County also reserves the right to re-bid this project if it is determined to be in its best interest to do so.

C. NOTICE OF RECOMMENDA TION TO AWARD

11. At the conclusion of the RFP response evaluation process (“Evaluation Process”), all bidders will be notified in writing by e-mail, fax, or US Postal Service mail, of the contract award recommendation, if any, by GSA–Procurement & Support Services. The document providing this notification is the Notice of Recommendation to Award.

The Notice of Recommendation to Award will provide the following information:

a. The name of the bidder being recommended for contract award; and

b. The names of all other parties that submitted proposals.



12. At the conclusion of the RFP response evaluation process, debriefings for unsuccessful bidders will be scheduled and provided upon written request and will be restricted to discussion of the unsuccessful offeror’s bid.

a. Under no circumstances will any discussion be conducted with regard to contract negotiations with the successful bidder.

b. Debriefing may include review of successful bidder’s proposal with redactions as appropriate.

13. The submitted proposals shall be made available upon request no later than five (5) calendar days before approval of the award and contract is scheduled to be heard by the Board of Supervisors.

D. TERM / TERMINATION / RENEWAL

14. The term of the contract, which may be awarded pursuant to this RFP, will be three years.

15. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be extended for an additional two-year term at agreed prices with all other terms and conditions remaining the same.

E. BRAND NAMES AND APPROVED EQUIVALENTS

16. Any references to manufacturers, trade names, brand names and/or catalog numbers are intended to be descriptive, but not restrictive, unless otherwise stated, and are intended to indicate the quality level desired. Bidders may offer any equivalent product that meets or exceeds the specifications. Bids based on equivalent products must:

a. Clearly describe the alternate offered and indicate how it differs from the product specified; and

b. Include complete descriptive literature and/or specifications as proof that the proposed alternate will be equal to or better than the product named in this bid.

17. The County reserves the right to be the sole judge of what is equal and acceptable and may require Bidder to provide additional information and/or samples.

18. If Bidder does not specify otherwise, it is understood that the referenced brand will be supplied.



F. QUANTITIES

Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

G. PRICING

19. Prices quoted shall be firm for the term of any contract that may be awarded pursuant to this RFP.

20. Price escalation for the second and third years of any contract awarded as a result of this RFP shall not exceed the percentage increase stated by Bidder on the Bid Form, Exhibit A – Bid Response Packet.

21. All pricing as quoted will remain firm for the term of any contract that may be awarded as a result of this RFP.

22. Unless otherwise stated, Bidder agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the County.

23. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

24. Any price increases or decreases for subsequent contract terms may be negotiated between Contractor and County only after completion of the initial term.

25. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions.

26. Price quotes shall include any and all payment incentives available to the County.

27. Bidders are advised that in the evaluation of cost, if applicable, it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

28. Federal and State minimum wage laws apply. The County has no requirements for living wages. The County is not imposing any additional requirements regarding wages.

H. AWARD

29. Proposals will be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria/Selection Committee.”



30. The committee will recommend award to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of the County and attains the highest overall point score. Award may not necessarily be made to the bidder with the lowest price.

31. Small and Emerging Locally Owned Business: The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County’s purchase of goods and services.

As a result of the County’s commitment to advance the economic opportunities of these businesses, Bidders must meet the County’s Small and Emerging Locally Owned Business requirements in order to be considered for the contract award. These requirements can be found online at:

http://acgov.org/auditor/sleb/overview.htm

For purposes of this bid, applicable industries include, but are not limited to, the following NAICS Code(s): 541611 and 621111.

A small business is defined by the United States Small Business Administration (SBA) as having no more than the number of employees or average annual gross receipts over the last three (3) years required per SBA standards based on the small business's appropriate NAICS code.

An emerging business is defined by the County as having either annual gross receipts of less than one-half (1/2) that of a small business OR having less than one-half (1/2) the number of employees AND that has been in business less than five (5) years.

32. The County reserves the right to reject any or all responses that materially differ from any terms contained in this RFP or from any Exhibits attached hereto, to waive informalities and minor irregularities in responses received, and to provide an opportunity for bidders to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the County.

33. The County reserves the right to award to a single or multiple Contractors.

34. The County has the right to decline to award this contract or any part thereof for any reason.

35. Board approval to award a contract is required.


http://www.sba.gov/



36. A contract must be negotiated, finalized, and signed by the recommended awardee prior to Board approval.

37. Final Standard Agreement terms and conditions will be negotiated with the selected bidder. Bidder may access a copy of the Standard Services Agreement template can be found online at:

http://www.acgov.org/gsa/purchasing/standardServicesAgreement.pdf

The template contains minimal Agreement boilerplate language only.

38. The RFP specifications, terms, conditions and Exhibits, RFP Addenda and Bidder’s proposal, may be incorporated into and made a part of any contract that may be awarded as a result of this RFP.

I. METHOD OF ORDERING

39. A written PO and signed Standard Agreement contract will be issued upon Board approval.

40. POs and Standard Agreements will be faxed, transmitted electronically or mailed and shall be the only authorization for the Contractor to place an order.

41. POs and payments for products and/or services will be issued only in the name of Contractor.

42. Contractor shall adapt to changes to the method of ordering procedures as required by the County during the term of the contract.

43. Change orders shall be agreed upon by Contractor and County and issued as needed in writing by County.

J. INVOICING

44. Contractor shall invoice the requesting department, unless otherwise advised, upon satisfactory receipt of product and/or performance of services.

45. County will use best efforts to make payment within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services.

46. County shall notify Contractor of any adjustments required to invoice.

47. Invoices shall contain County PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery.


http://www.acgov.org/gsa/purchasing/standardServicesAgreement.pdf


48. Contractor shall utilize standardized invoice upon request.

49. Invoices shall only be issued by the Contractor who is awarded a contract.

50. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the POs.

51. The County will pay Contractor monthly or as agreed upon, not to exceed the total RFP quoted in the bid response.

K. ACCOUNT MANAGER / SUPPORT STAFF

52. Contractor shall provide a dedicated competent account manager who shall be responsible for the County account/contract. The account manager shall receive all orders from the County and shall be the primary contact for all issues regarding Bidder’s response to this RFP and any contract which may arise pursuant to this RFP.

53. Contractor shall also provide adequate, competent support staff that shall be able to service the County during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems.

54. Contractor account manager shall be familiar with County requirements and standards and work with the ACSO to ensure that established standards are adhered to.

55. Contractor account manager shall keep the County Specialist informed of requests from departments as required.

IV. INSTRUCTIONS TO BIDDERS

A. COUNTY CONTACTS

GSA–Procurement & Support Services is managing the competitive process for this project on behalf of the County. All contact during the competitive process is to be through the GSA– Procurement & Support Services department only.

The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of bidder.



All questions regarding these specifications, terms, and conditions are to be submitted in writing, preferably via e-mail by 5:00 p.m. on June 30, 2015 to:

Umiika Wright, Procurement & Contracts SpecialistAlameda County, GSA–Procurement & Support Services1401 Lakeside Drive, Suite 907Oakland, CA 94612E-Mail: [email protected]: (510) 208-9607

The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes, and Addenda. Go to http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp to view current contracting opportunities.

B. SUBMITTAL OF BIDS

56. All bids must be SEALED and must be received at the Office of the Purchasing Agent of Alameda County BY 2:00 p.m. on the due date specified in the Calendar of Events.

NOTE: LATE AND/OR UNSEALED BIDS CANNOT BE ACCEPTED. IF HAND DELIVERING BIDS PLEASE ALLOW TIME FOR METERED STREET PARKING OR PARKING IN AREA PUBLIC PARKING LOTS AND ENTRY INTO SECURE BUILDING.

Bids will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any bid received after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

All bids, whether delivered by an employee of Bidder, U.S. Postal Service, courier or package delivery service, must be received and time stamped at the stated address prior to the time designated. The Procurement & Support Services department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

57. Bids are to be addressed and delivered as follows:

Adult Inmate Medical Care Quality Assurance ServicesRFP No. 901337Alameda County, GSA–Procurement & Support Services1401 Lakeside Drive, Suite 907 *Oakland, CA 94612


http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp


Bidder's name, return address, and the RFP number and title must also appear on the mailing package.

*PLEASE NOTE that on the bid due date, a bid reception desk will be open between 1:00 p.m. – 2:00 p.m. and will be located in the 1st floor lobby at 1401 Lakeside Drive.

58. Bidders are to submit their bid in electronic format. The electronic bid response should be a single file PDF (OCR preferred); it must be on disk or USB flash drive and enclosed in a sealed package (a sealed envelope will suffice). All signatures must be present in the electronic bid response (e.g., Bidders may want to sign any pages that require signature, scan them, and make them part of the electronic file).

59. BIDDERS SHALL NOT MODIFY BID FORM(S) OR QUALIFY THEIR BIDS. BIDDERS SHALL NOT SUBMIT TO THE COUNTY A SCANNED, RE-TYPED, WORD-PROCESSED, OR OTHERWISE RECREATED VERSION OF THE BID FORM(S) OR ANY OTHER COUNTY-PROVIDED DOCUMENT.

60. No email (electronic) or facsimile bids will be considered.

61. All costs required for the preparation and submission of a bid shall be borne by Bidder.

62. Only one bid response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “partnership” shall mean, and is limited to, a legal partnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute.

63. All other information regarding the bid responses will be held as confidential until such time as the County Selection Committee has completed its evaluation, an recommended award has been made by the County Selection Committee and the contract has been fully negotiated with the recommended awardee named in the recommendation to award/non-award notification(s). The submitted proposals shall be made available upon request no later than five (5) calendar days before the recommendation to award and enter into contract is scheduled to be heard by the Board of Supervisors. All parties submitting proposals, either qualified or unqualified, will receive mailed recommendation to award/non-award notification(s), which will include the name of the bidder to be recommended for award of this project. In addition, award information will be posted on the County’s “Contracting Opportunities” website, mentioned above.



64. Each bid received, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the order or contract, be open to public inspection.

65. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

66. Bidder expressly acknowledges that it is aware that if a false claim is knowingly submitted (as the terms “claim” and “knowingly” are defined in the California False Claims Act, Cal. Gov. Code, §12650 et seq.), County will be entitled to civil remedies set forth in the California False Claim Act. It may also be considered fraud and the Contractor may be subject to criminal prosecution.

67. The undersigned Bidder certifies that it is, at the time of bidding, and shall be throughout the period of the contract, licensed by the State of California to do the type of work required under the terms of the Contract Documents. Bidder further certifies that it is regularly engaged in the general class and type of work called for in the Bid Documents.

68. The undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).

69. It is understood that County reserves the right to reject this bid and that the bid shall remain open to acceptance and is irrevocable for a period of one hundred eighty (180) days, unless otherwise specified in the Bid Documents.

C. RESPONSE FORMAT

70. Bid responses are to be straightforward, clear, concise and specific to the information requested.

71. In order for bids to be considered complete, Bidder must provide responses to all information requested. See Exhibit A – Bid Response Packet.



72. Bid responses, in whole or in part, are NOT to be marked confidential or proprietary. County may refuse to consider any bid response or part thereof so marked. Bid responses submitted in response to this RFP may be subject to public disclosure. County shall not be liable in any way for disclosure of any such records. Please refer to the County’s website at: http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm for more information regarding Proprietary and Confidential Information policies.


http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm

EXHIBIT ABID RESPONSE PACKET

RFP No. 901337 – Adult Inmate Medical Care Quality Assurance Services

To: The County of Alameda

From: (Official Name of Bidder)

AS DESCRIBED IN THE SUBMITTAL OF BIDS SECTION OF THIS RFP, BIDDERS ARE TO SUBMIT THEIR BID IN ELECTRONIC FORMAT, IN A SINGLE PDF FILE (OCR PREFERRED); MUST BE ON DISK OR USB FLASH DRIVE AND ENCLOSED IN A SEALED PACKAGE. ALL SIGNATURES MUST BE PRESENT IN THE ELECTRONIC BID RESPONSE.

ALL PAGES OF THE BID RESPONSE PACKET (EXHIBIT A) MUST BE SUBMITTED IN TOTAL WITH ALL REQUIRED DOCUMENTS ATTACHED THERETO; ALL INFORMATION REQUESTED MUST BE SUPPLIED; ANY PAGES OF EXHIBIT A (OR ITEMS THEREIN) NOT APPLICABLE TO THE BIDDER MUST STILL BE SUBMITTED AS PART OF A COMPLETE BID RESPONSE, WITH SUCH PAGES OR ITEMS CLEARLY MARKED “N/A”

BIDDERS SHALL NOT SUBMIT TO THE COUNTY A RE-TYPED, WORD-PROCESSED, OR OTHERWISE RECREATED VERSION OF EXHIBIT A – BID RESPONSE PACKET OR ANY OTHER COUNTY-PROVIDED DOCUMENT

ALL PRICES AND NOTATIONS MUST BE PRINTED IN INK OR TYPEWRITTEN; NO ERASURES ARE PERMITTED; ERRORS MAY BE CROSSED OUT AND CORRECTIONS PRINTED IN INK OR TYPEWRITTEN ADJACENT, AND MUST BE INITIALED IN INK BY PERSON SIGNING BID

BIDDER MUST QUOTE PRICE(S) AS SPECIFIED IN RFP.

BIDDERS THAT DO NOT COMPLY WITH THE REQUIREMENTS, AND/OR SUBMIT INCOMPLETE BID PACKAGES, SHALL BE SUBJECT TO DISQUALIFICATION AND THEIR BIDS REJECTED IN TOTAL

IF BIDDERS ARE MAKING ANY CLARIFICATIONS AND/OR AMENDMENTS, OR TAKING EXCEPTION TO POLICIES OR SPECIFICATIONS OF THIS RFP, INCLUDING THOSE TO THE COUNTY SLEB POLICY, THESE MUST BE SUBMITTED IN THE EXCEPTIONS, CLARIFICATIONS, AMENDMENTS SECTION OF THIS EXHIBIT A – BID RESPONSE PACKET IN ORDER FOR THE BID RESPONSE TO BE CONSIDERED COMPLETE

Exhibit A – RFP No. 901337Page 1

BIDDER INFORMATION AND ACCEPTANCE

1. The undersigned declares that the Bid Documents, including, without limitation, the RFI, RFP, Addenda, and Exhibits have been read.

2. The undersigned is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the Specifications, Terms & Conditions of the Bid Documents of RFP No. 901337 – Adult Inmate Medical Care Quality Assurance Services.

3. The undersigned has reviewed the Bid Documents and fully understands the requirements in this Bid including, but not limited to, the requirements under the County Provisions, and that each Bidder who is awarded a contract shall be, in fact, a prime Contractor, not a subcontractor, to County, and agrees that its Bid, if accepted by County, will be the basis for the Bidder to enter into a contract with County in accordance with the intent of the Bid Documents.

4. The undersigned acknowledges receipt and acceptance of all addenda.

5. The undersigned agrees to the following terms, conditions, certifications, and requirements found on the County’s website:

Bid Protests / Appeals Process [http://www.acgov.org/gsa/departments/purchasing/policy/bidappeal.htm]

Debarment / Suspension Policy[http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm]

Iran Contracting Act (ICA) of 2010[http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm]

General Environmental Requirements[http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm]

Small Local Emerging Business Program[http://acgov.org/auditor/sleb/overview.htm]

First Source [http://acgov.org/auditor/sleb/sourceprogram.htm]

Online Contract Compliance System[http://acgov.org/auditor/sleb/elation.htm]

General Requirements [http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm]

Proprietary and Confidential Information[http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm]




http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm

http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm

http://acgov.org/auditor/sleb/elation.htm

http://www.acgov.org/gsa/departments/purchasing/policy/compliance.htm

http://acgov.org/auditor/sleb/sourceprogram.htm

http://www.acgov.org/gsa/departments/purchasing/policy/first.htm


http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm

http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm

http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm

http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm

http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm

http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm

http://www.acgov.org/gsa/departments/purchasing/policy/bidappeal.htm

http://www.acgov.org/gsa/departments/purchasing/policy/bidappeal.htm

6. The undersigned acknowledges that Bidder will be in good standing in the State of California, with all

the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated Bid Documents.

7. It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and, if applicable, the site condition. By the submission of a Bid, the Bidder certifies that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications.

8. Patent indemnity: Vendors who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of an nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.

9. Insurance certificates are not required at the time of submission. However, by signing Exhibit A – Bid Response Packet, the Contractor agrees to meet the minimum insurance requirements stated in the RFP. This documentation must be provided to the County, prior to award, and shall include an insurance certificate and additional insured certificate, naming the County of Alameda, which meets the minimum insurance requirements, as stated in the RFP.

10. The undersigned acknowledges ONE of the following (please check only one box):

Bidder is not local to Alameda County and is ineligible for any bid preference; OR

Bidder is a certified SLEB and is requesting 10% bid preference; (Bidder must check the first box and provide its SLEB Certification Number in the SLEB PARTNERING INFORMATION SHEET); OR

Bidder is LOCAL to Alameda County and is requesting 5% bid preference, and has attached the following documentation to this Exhibit:

Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and

Proof of six (6) months business residency, identifying the name of the vendor and the local address. Utility bills, deed of trusts or lease agreements, etc., are acceptable verification documents to prove residency.


Official Name of Bidder:

Street Address Line 1:

Street Address Line 2:

City: State: Zip Code:

Webpage:

Type of Entity / Organizational Structure (check one):

Corporation Joint Venture

Limited Liability Partnership Partnership

Limited Liability Corporation Non-Profit / Church

Other:

Jurisdiction of Organization Structure:

Date of Organization Structure:

Federal Tax Identification Number:

Primary Contact Information:

Name / Title:

Telephone Number: Fax Number:

E-mail Address:

SIGNATURE:

Name and Title of Signer:

Dated this day of 20


BID FORM(S)

COST SHALL BE SUBMITTED ON EXHIBIT A AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. Bid responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the County will pay for the three-year term of any contract that is a result of this bid.

Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Bidder hereby certifies to County that all representations, certifications, and statements made by Bidder, as set forth in this Bid Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California.

Description

Estimated AnnualHours

(A)

Year 1HourlyRate(B)

Year 1Extended Cost

C = (A) x (B)

Year 2HourlyRate( D)

Year 2Extended Cost

E = (A) x (D)

Year 3HourlyRate (F)

Year 3Extended Cost

G = (A) x (F)

Review and Audit of Medical

Records384

Three Year Total Cost =(C + E + G)


REQUIRED DOCUMENTATION AND SUBMITTALS

All of the specific documentation listed below is required to be submitted with the Exhibit A – Bid Response Packet in order for a bid to be deemed complete. Bidders shall submit all documentation, in the order listed below and clearly label each section with the appropriate title (i.e. Table of Contents, Letter of Transmittal, Key Personnel, etc.).

1. Table of Contents: Bid responses shall include a table of contents listing the individual sections of the proposal/quotation and their corresponding page numbers.

2. Letter of Transmittal: Bid responses shall include a description of Bidder’s capabilities and approach in providing its services to the County, and provide a brief synopsis of the highlights of the Proposal and overall benefits of the Proposal to the County. This synopsis should not exceed three (3) pages in length and should be easily understood.

3. Exhibit A – Bid Response Packet: Every bidder must fill out and submit the complete Exhibit A – Bid Response Packet.

(a) Bidder Information and Acceptance:

(1) Every Bidder must select one choice under Item 10 of page 3 of Exhibit A and must fill out, submit a signed page 4 of Exhibit A.

(b) SLEB Partnering Information Sheet:

(1) Every bidder must fill out and submit a signed SLEB Partnering Information Sheet, (found on page 9 of Exhibit A) indicating their SLEB certification status. If bidder is not certified, the name, identification information, and goods/services to be provided by the named CERTIFIED SLEB partner(s) with whom the bidder will subcontract to meet the County SLEB participation requirement must be stated. Any CERTIFIED SLEB subcontractor(s) named, the Exhibit must be signed by the CERTIFIED SLEB(s) according to the instructions. All named SLEB subcontractor(s) must be certified by the time of bid submittal.

(c) References:

(1) Bidders must use the templates on pages 10-11 of this Exhibit A – Bid Response Packet to provide references.

(2) Bidders are to provide a list of five current and five former clients. (3) Proposer must list correctional facilities where quality improvement and

assurance services have been provided to account for a five year period.References must be satisfactory as deemed solely by County. References should have similar scope, volume, and requirements to those outlined in these specifications, terms, and conditions.


Bidders must verify the contact information for all references provided is current and valid.

Bidders are strongly encouraged to notify all references that the County may be contacting them to obtain a reference.

(3) The County will contact some or all of the references provided in order to determine Bidder’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the Response and to use the information gained from them in the evaluation process.

(d) Exceptions, Clarifications, Amendments:

(1) This shall include clarifications, exceptions, and amendments, if any, to the RFP and associated Bid Documents, and shall be submitted with your bid response using the template on page 12 of this Exhibit A – Bid Response Packet.

(2) THE COUNTY IS UNDER NO OBLIGATION TO ACCEPT ANY EXCEPTIONS, AND SUCH EXCEPTIONS MAY BE A BASIS FOR BID DISQUALIFICATION.

4. Key Personnel: Bid responses shall include a complete list of all key personnel associated with the RFP. This list must include all key personnel who will provide services/training to County staff and all key personnel who will provide maintenance and support services. All listed personnel shall be required to pass a background check prior to start of an awarded contract. For each person on the list, the following information shall be included:

(a) The person’s relationship with Bidder, including job title and years of employment with Bidder;

(b) The role that the person will play in connection with the RFP;(c) Address, telephone, fax numbers, and e-mail address; (d) Person’s educational background; and(e) Person’s relevant experience, certifications, licenses, and/or merits.

5. Description of the Proposed Services: Bid response shall include a description of the proposed services to be provided during the contract term including response times. The description shall contain a basis of estimate for services including its scheduled start and completion dates, the number of Bidder’s and County personnel involved, and the number of hours scheduled for such personnel. Finally, the description must: (1) specify how the services in the bid response will meet or exceed the requirements of the County; (2) explain any special resources, procedures or approaches that make the services of Bidder particularly advantageous to the County; and (3) identify any limitations or restrictions of Bidder in providing the services that the County should be aware of in evaluating its Response to this RFP.


6. Credentials: Copies of any licenses, certifications, or other third party verification of credentials stated as BIDDER QUALIFICATIONS in the RFP must be submitted with the bid response; Documents must be clearly identified as to which requirement they are responsive.

(a) Copies of medical license showing receipt at minimum five years ago from the State of California and the Medical Board, including certification number and area of specialty.


SMALL LOCAL EMERGING BUSINESS (SLEB)PARTNERING INFORMATION SHEET


In order to meet the Small Local Emerging Business (SLEB) requirements of this RFP, all bidders must complete this form as required below.

Bidders not meeting the definition of a SLEB (http://acgov.org/auditor/sleb/overview.htm) are required to subcontract with a SLEB for at least twenty percent (20%) of the total estimated bid amount in order to be considered for contract award. SLEB subcontractors must be independently owned and operated from the prime Contractor with no employees of either entity working for the other. This form must be submitted for each business that bidders will work with, as evidence of a firm contractual commitment to meeting the SLEB participation goal. (Copy this form as needed.)

Bidders are encouraged to form a partnership with a SLEB that can participate directly with this contract. One of the benefits of the partnership will be economic, but this partnership will also assist the SLEB to grow and build the capacity to eventually bid as a prime on their own.

Once a contract has been awarded, bidders will not be able to substitute named subcontractors without prior written approval from the Auditor-Controller, Office of Contract Compliance (OCC).

County departments and the OCC will use the web-based Elation Systems to monitor contract compliance with the SLEB program (Elation Systems: http://www.elationsys.com/elationsys/).

BIDDER IS A CERTIFIED SLEB (sign at bottom of page)

SLEB BIDDER Business Name:

SLEB Certification #: SLEB Certification Expiration Date:

NAICS Codes Included in Certification:

BIDDER IS NOT A CERTIFIED SLEB AND WILL SUBCONTRACT % WITH THE SLEB NAMED BELOW FOR THE FOLLOWING GOODS/SERVICES:

SLEB Subcontractor Business Name:

SLEB Certification #: SLEB Certification Expiration Date:

SLEB Certification Status: Small / Emerging

NAICS Codes Included in Certification:

SLEB Subcontractor Principal Name:

SLEB Subcontractor Principal Signature: Date:

Upon award, prime Contractor and all SLEB subcontractors that receive contracts as a result of this bid process agree to register and use the secure web-based ELATION SYSTEMS. ELATION SYSTEMS will be used to submit SLEB subcontractor participation including, but not limited to, subcontractor contract amounts, payments made, and confirmation of payments received.

Bidder Printed Name/Title:____________________________________________________________________________

Street Address: _____________________________________________City_____________State______ Zip Code______

Bidder Signature: Date:


http://www.elationsys.com/elationsys/



CURRENT REFERENCES

RFP No. 901337 – Adult Inmate Medical Care Quality Assurance ServicesNote: Proposer must list correctional facilities where quality improvement & quality assurance

services are provided.

Bidder Name:

Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E-mail Address: Services Provided / Date(s) of Service:






FORMER REFERENCES


Bidder Name:







EXAMPLE

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS


Bidder Name:

List below requests for clarifications, exceptions and amendments, if any, to the RFP and associated Bid Documents, and submit with your bid response.

The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification.

Reference to: DescriptionPage No. Section Item No.

p. 23D 1.c. Vendor takes exception to…

*Print additional pages as necessary


EXHIBIT BINSURANCE REQUIREMENTS

Insurance certificates are not required at the time of submission; however, by signing Exhibit A – Bid Packet, the bidder agrees to meet the minimum insurance requirements stated in the RFP, prior to award. This documentation must be provided to the County, prior to award, and shall include an insurance certificate and additional insured certificate, naming the County of Alameda, which meets the minimum insurance requirements, as stated in this Exhibit B – Insurance Requirements.

The following page contains the minimum insurance limits, required by the County of Alameda, to be held by the Contractor performing on this RFP:

*** SEE NEXT PAGE FOR COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS ***

Exhibit B – RFP No. 901337Page 1

EXHIBIT BCOU N TY OF AL A M EDA M INIMUM INSUR A N C E REQUIRE M ENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements:

TYPE OF INSURANCE COVERAGES MINIMUM LIMITSA Commercial General Liability

Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability; Abuse, Molestation, Sexual Actions, and Assault andBattery

$1,000,000 per occurrence (CSL) Bodily Injury and Property Damage

B Commercial or Business Automobile LiabilityAll owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with notransportation or hauling related activities

$1,000,000 per occurrence (CSL) Any AutoBodily Injury and Property Damage

C Workers’ Compensation (WC) and Employers Liability (EL)Required for all contractors with employees

WC: Statutory LimitsEL: $1,000,000 per accident for bodily injury or disease

D Professional Liability/Errors & OmissionsIncludes endorsements of contractual liability and defense and indemnification of the County

$1,000,000 per occurrence$2,000,000 project aggregate

E Endorseme n t s and C o ndi t io n s : 1. ADDITIONAL INSURED: All insurance required above with the exception of Professional Liability, Commercial or Business Automobile

Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to the County. The primary and non-contributory endorsement shall be at least as broad as ISO Form 20 01 04 13. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit. The additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at

minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Formsnamed above.

– Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.7. CANCELLATION OF INSURANCE: All insurance shall be required to provide thirty (30) days advance written notice to the County of

cancellation.8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance

and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The required certificate(s) and endorsements must be sent as set forth in the Notices provision.

Certificate C-2C with EO Page 1 of 1 (Rev. 3/24/15)

Exhibit B – RFP No. 901337Page 2

EXHIBIT CVENDOR BID LIST


Below is the Vendor Bid List for this project consisting of vendors who have responded to RFI No. 901337, and/or been issued a copy of this RFP. This Vendor Bid List is being provided for informational purposes to assist bidders in making contact with other businesses as needed to develop local small and emerging business subcontracting relationships to meet the requirements of the Small Local Emerging Business (SLEB) Program: http://www.acgov.org/gsa/departments/purchasing/policy/slebpref.htm.

RFP No. 901337 - Adult Inmate Medical Care Quality Assurance Services

Business Name Contact Name Phone Address City State Email

Advanta Medical Solutions Warren Kwan (240) 554-1200 10830 Guilford Road, Suite 312

Annapolis Junction MD [email protected]

American Health Holding, Inc. Julie Wilson (702) 236-7213 7400 Campus Rd, F-

510 New Albany OH [email protected]

American Health Holding, Inc. Anne Klie (866) 614-4244 7400 W. Campus Rd.,

F-510 New Albany OH [email protected]

Axis Community Health Charles White (925) 201-6005 3311 Pacific Ave Pleasanton CA [email protected]

Axis Community Health Sue Compton (925) 201-6005 4361 Railroad Avenue Pleasanton CA [email protected]

Caban Resources, LLC Pam Hill (310) 648-8370 130 Arena Street El Segundo CA [email protected] Cardiology Conslnts Aditya Jain (510) 351-6363 1532 150th Ave San

Leandro CA [email protected]

Calvin B. Benton, M.D. Calvin B. Benton (510) 568-6743 13460 Skyline Blvd Oakland CA [email protected]

Coastal Clinical & Management Jackie Priadka (484) 380-2080 919 Conestoga Rd.,

Bldg 3, Ste. 110 Rosemont PA [email protected]

Concentra Medical Centers Joe Hittner (510) 465-9810 384 Embarcadero West, 3rd Fl. Oakland CA [email protected]

Concentra Medical Centers Kristopher James (510) 351-3553 2587 Merced St. San

Leandro CA [email protected]

Correctional Healthcare Consultant Kathryn Wild (909) 720-0961 1407 Foothill Blvd.,

#221 La Verne CA [email protected]

Discharge Resource Group Lorie Descala (650) 877-8111 400 Oyster Point Blvd. #440 S. S.F. CA [email protected]

East Bay Perinatal Council Barbara McCullough (510) 437-8950 2648 E 14th St Oakland CA [email protected]

Eastbay Radiation Oncology Ctr Michael Forest (510) 581-0556 20126 Stanton Ave #

101Castro Valley CA [email protected]

Emeryville Occupational Medical Center Inc Steven Gest (510) 653-5200 6001 Shellmound

Street, Suite 115 Emeryville CA [email protected]

Fremont Urgent Care Center John Giddens (510) 796-1000 3161 WALNUT

AVENUE Fremont CA [email protected]

Health Management Associates

Darlene Gregory (202) 785-3669 120 N. Washington

Sq. #705 Lansing MI [email protected]


Donna Laverdiere (415) 489-2021 88 Kearny St., Suite

1850San Francisco CA [email protected]


Donna Strugar-Fritsch (415) 489-2021 89 Kearny St., Suite


Health Management Systems Marnie Basom (208) 639-8202 827 E Park Blvd., Ste.

260 Boise ID [email protected]

Hiawatha Harris, M.D., Inc. Neisha Becton (925) 520-0005 5674 Stoneridge Dr., Suite 207 Pleasanton CA [email protected]

Institute for Law and Policy Alan Kalmanoff (510) 486-8352 2613 Hillegass Ave Berkeley CA [email protected]

Exhibit C – RFP No. 901337Page 1

mailto:[email protected]










http://www.acgov.org/gsa/departments/purchasing/policy/slebpref.htm

RFP No. 901337 - Adult Inmate Medical Care Quality Assurance Services

Business Name Contact Name Phone Address City State Email

Institute for Medical Quality Kevin Reeder, MPA (415) 882-5132 180 Howard, Suite


Integral Consultants Occupational Medicine

Ramon Terrazas (510) 697-3757 1916 Tiffin Road Oakland CA [email protected]

Integrated Medical Associates of Alameda County Inc

Uchenna Okoronkwo

(510) 569-7326 10500 MacArthur Blvd.

Oakland CA [email protected]

Jeannie Chan Jeannie Chan (925) 285-3528 575 Glasglo Circle Danville CA [email protected]

La Loma Medical Office Esteban Lovato (510) 261-1677 3022 International Blvd # 310 Oakland CA [email protected]

Lumetra Jeff Gutman (415) 677-8447 550 kearny San Francisco CA [email protected]

Managed Resources, Inc. Simon Zaman (562) 499-2190 11 Golden Shore #360 Long Beach CA [email protected] Anesthesia Consultants Truman Gates (925) 543-0140 5555 West Las

Positas Blvd. Pleasanton CA [email protected]

Medical Insights Diagnostic Centers Concord P. C. Virgil Williams (510) 507-8528 120 Calvert Court Oakland CA [email protected]

Medical Management Associates

Calvin B. Benton (510) 568-6743 13460 Skyline Blvd. Oakland CA [email protected]

Medical Management Associates Lynda Benton (510) 568-6743 13460 Skyline Blvd. Oakland CA [email protected]

Mike Rogers Mike Rogers (510) 797-1111 2000 Mowry Ave. Fremont CA [email protected] Concentra Medical Center Jim Keever (510) 465-9565 384 Embarcadero W Oakland CA [email protected]

Occu-Med Sean Edin (559) 435-2800 2121 W. Bullard Ave. Fresno CA [email protected] Medical Corp of Alameda County Inc

David Ibeabuchi (510) 569-7326 10500 MacArthur

Blvd, Suite 102 Oakland CA [email protected]

Pacific Surgical Inc John Petlandsky (925) 460-0798 1264 Stealth St Livermore CA [email protected]

PacServ Mike Martinez (408) 723-0218 x102

6501 Crown Blvd., #106-A13 San Jose CA [email protected]

Public Consulting Group, Inc.

Krystale Schmidt (858) 546-4729 148 State Street Boston MA [email protected]

Robert Bruce Miller MD, Inc Robert Miller (510) 795-7746 2557 Mowry Avenue, Suite 22 Fremont CA [email protected]

Robert Jacobs Robert Jacobs (510) 653-2450 1585 62nd Street Emeryville CA [email protected]

Washington Hospital ER Ramon Terrazas (510) 697-3757 1916 Tiffin Rd. Oakland CA [email protected]

WeiserMazars LLP Laura Peth (916) 696-3675 2151 River Plaza Drive, Suite 205 Sacramento CA [email protected]

You First Health Partners, Inc Ophelia Long (510) 562-7467 10520 MacArthur Blvd Oakland CA [email protected]

Exhibit C – RFP No. 901337Page 2







EXHIBIT DSample Agenda Calendar for Medical Record Auditing Services


Month Subjects Location Commentsa. January and

Julyi. Asthmaii. Seizure Disordersiii. Nursing Sick Calliv. Receiving Screening

SRJSRJGDDFGDDF

b. February and August

i. HIV Diseaseii. Dialysisiii. Women’s Health-Pregnancyiv. Clinician Sick Call – NP/PA

SRJSRJSRJGDDF Nurses

c. March and September

i. Outpatient Housing Unit (OPHU) Careii. Clinician Sick Call - MDsiii. Medication Administration Recordiv. Nursing Sick Call

SRJ/GDDFSRJSRJGDDF

4 MDs at SRJ, 1 MD at GDDF

Nursing Practitioners/ Physician’s Assistantsd. April and

Octoberi. Nursing Sick Callii. Tuberculosis-Skin Test Positiveiii. Women’s Health-PAP Smeariv. Chronic Care (All types)

SRJSRJSRJGDDF

NursesNursing Practitioner/Physician’s AssistantOne or more of the following: Asthma, Diabetes, HIV Disease, Hypertension, Seizure Disorders

e. May and November

i. Diabetesii. Hypertensioniii. Clinician Sick Call – NP/PA iv. Medication Administration Record

SRJSRJSRJGDDF

f. June and December

i. Nursing Sick Callii. Receiving Screeningiii. Clinician Sick Call - MDsiv. Tuberculosis-Skin Test Positive

SRJSRJGDDFGDDF

Nurses

Page 1

EXHIBIT ESAMPLE AUDIT SCREENS


Below are the subjects of the fourteen (14) audit screens currently in use. Samples of these audit screens are in the following pages.

Subjects1. Asthma2. Seizure Disorders3. Nursing Sick Call4. Receiving Screening5. HIV Disease6. Dialysis7. Women’s Health-Pregnancy8. Clinician’s Sick Call – MD, NP, PA9. Outpatient Housing Unit (OPHU) Care10. Medication Administration Record (MAR)11. Tuberculosis-Skin Test Positive12. Women’s Health-PAP Smear13. Diabetes Chronic Care14. Hypertension Chronic Care

Exhibit E – RFP No. 901337Page 1

EXHIBIT ESAMPLE AUDIT SCREENS #1

Asthma


Seizure Disorders


Nursing Sick Call


Receiving Screening


HIV Disease


Dialysis

EXHIBIT ESAMPLE AUDIT SCREENS #7Women’s Health-Pregnancy

EXHIBIT ESAMPLE AUDIT SCREEN #8

Clinician’s Sick Call – MD, NP, and PA.


Outpatient Housing Unit (OPHU) Care


MEDICATION ADMINISTRATION RECORD (MAR)


TUBERCULOSIS – SKIN TEST POSITIVE

EXHIBIT ESAMPLE AUDIT SCREENS #12Women’s Health – Pap smear


DIABETES CHRONIC CARE

EXHIBIT ESAMPLE AUDIT SCREENS #14Hypertension Chronic Care

EXHIBIT FSAMPLE NON-DISCLOSURE AGREEMENT

AND CONFLICT OF INTEREST STATEMENT


This Addendum supplements and is made part of that Standard Services Agreement (“Agreement”), effective____________ __, ____, hereafter referred to in this agreement as “Effective Date”, entered into by and between (enter Contractor’s name) , hereafter referred to in this agreement as “Business Associate” and (enter County Agency’s name) hereinafter referred to in this agreement as “Covered Entity”.

Recitals

A. Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to the Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-101 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and regulations promulgated there under by the U.S. Department of Health and Human Services (the “HIPAA Regulations”) and other applicable laws.

B. As part of the HIPAA Regulations, the Privacy Rule and the Security Rule require Covered Entity to enter into a contract containing specific requirements with Business Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.413(a), 164.502(e) and 164.504(e) of the Code of Federal Regulations (“CFR”) and contained in this Agreement.

1. Definitions

a. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

b. “HIPAA Regulations” means the regulations promulgated under HIPAA by the United States Department of Health and Human Services, including, but not limited to, 45 CFR Part 160 and 45 CFR Part 164.

c. “Breach” shall have the meaning given to such term under the HITECH Act, 42 U.S.C. Section 17921.

d. “Business Associate” (enter Contractor name) shall have the meaning given to such term under the Privacy Rule, the Security Rule, and the HITECH Act, including, but not limited to, 42 U.S.C. Section 17938 and 45 CFR Section 160.103.

e. “Covered Entity”, Alameda County including but not limited to Santa Rita Jail, shall have the meaning given to such term under the Privacy Rule and the Security Rule, including, but not limited to 45 CFR Section 160.103.

f. “Unsecured PHI” shall have the meaning given to such term under the HITECH Act and any guidance issued pursuant to such Act including, but not limited to, 42 U.S.C. Section 17932(h).

Exhibit F – RFP 901337Page 1

g. Any terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms have under HIPAA and the HIPAA Regulations.

2. PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION (PHI)

2.1 Performance of Services. Except as otherwise limited in this Agreement, Business Associate is permitted to use or disclose PHI on behalf of, or to provide Services to, Covered Entity if such use or disclosure of PHI would not violate the HIPPA Regulations or the HITECH Act if done by the Covered Entity or the minimum necessary policies and procedures of the Covered Entity in connection with the performance of the Services provided under Agreement between (enter Contractor’s name) and (enter County Agency’s name) or such use or disclosure is expressly permitted under Section 2.2 of this Agreement.

2.2 Business Activities of the Receiving Party. Unless as otherwise limited in this Agreement, the Business Associate is permitted to:

a. Except as otherwise limited in this Agreement, Business Associate may use PHI for its proper management and administration and to fulfill any present or future legal responsibilities of the Business Associate provided that such uses are permitted under state and federal confidentiality laws.

b. Except as otherwise limited in this Agreement, Business Associate may disclose PHI to a third party for the purpose of its proper management and administration or to fulfill any present or future legal responsibilities, provided that the disclosure is required by law; or the Business Associate obtains reasonable assurances from the third party to whom the PHI is disclosed that it will (i) keep confidential and use or further disclose the PHI only as required by law or for the purpose for which it was disclosed to the third party; and (ii) the third party will notify the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Agreement, Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B). Data aggregation services involve the combining by the Business Associate of (a) PHI created or received by a Business Associate in its capacity as the Business Associate of a Covered Entity with (b) PHI received by the Business Associate in its capacity as a Business Associate of another Covered Entity, to permit data analyses that relate to the health care operations of the respective Covered Entities.

d. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 42 CFR 164.502(j)(1).

e. Business Associate may de-identify any and all PHI created or received by Business Associate under this Agreement; provided, however, that the de-identification conforms to the requirements of the HIPAA Regulations. Such resulting de-identified information would not be subject to the terms of this Agreement.

3. RESPONSIBILITIES OF THE BUSINESS ASSOCIATE WITH RESPECT TO PROTECTED HEALTH INFORMATION

3.1 Responsibilities of the Receiving Party. With regard to its access, use and /or disclosure of PHI the Business Associate hereby agrees to do the following:


a. Use and/or disclose the PHI only as permitted or required by this Agreement as defined in Section 2 or as otherwise required by law.

b. Not use or disclose PHI for fundraising or marketing purposes. Business Associate shall not disclose PHI to a health plan for payment or health care operations purposes if the patient has requested this special restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates, 42 U.S.C. Section 17935(a). Business Associate shall not directly or indirectly receive remuneration in exchange for PHI, except with the prior written consent of Covered Entity and as permitted by the HITECH Act, 42 U.S.C. Section 17935(d)(2); however, this prohibition shall not affect payment by Covered Entity to Business Associate for services provided pursuant to the Agreement.

c. Report in writing to Covered Entity any access, use or disclosure of the PHI in violation of this Agreement, and any breach of unsecured PHI of which it becomes aware as soon as reasonably practicable.

d. Establish procedures for mitigating, to the greatest extent possible, any deleterious effects from any improper access, use and/or disclosure of PHI that the Business Associate reports to the Covered Entity.

e. Implement and use formal policies and procedures that address appropriate administrative, physical and technical safeguards to prevent any access, use or disclosure of the PHI other than uses and disclosures expressly provided for by this Agreement.

f. Ensure that any agents, including subcontractors, to whom it provides PHI, agree in writing to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such PHI and implement administrative, physical and technical safeguards, 45 C.F.R. Sections 164.504(e)(2)(ii)(D) and 164.308(b). Business Associate shall implement and maintain sanctions against agents and subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation, 45 C.F.R. Sections 164.530(f) and 164.530(e)(1).

g. Make available all records, books, agreements, policies and procedures relating to the access, use and/or disclosure of PHI to the Secretary of the Department of Health and Human Services (“Secretary”) for purposes of determining the Receiving Entity’s compliance with this Agreement, 45 C.F.R. Section 164.504(e)(2)(ii)(H).

h. Upon prior written request, make available during normal business hours at Receiving Party’s offices all records, books, agreements, policies and procedures relating to the access, use and/or disclosure of PHI to the Covered Entity within 30 days for purposes of enabling the Covered Entity to determine the Receiving Party’s compliance with the terms of this Agreement.

i. Document such disclosures of PHI and any information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528 and the policies of Covered Entity.

j. Provide to Covered Entity information collected in accordance with Section 3.1.i of this Agreement, to permit Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI to enable Covered Entity to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 CFR Section 164.528, and the HITECT Act, including but not limited to 42 U.S.C. Section 17935(c), and the policies of Covered Entity. Such information shall be provided in a time


and manner designated by the Covered Entity. Business Associate agrees to implement a process that allows for an accounting to be collected and maintained by Business Associate and its agents or subcontractors for at least six (6) years prior to the request. However, accounting of disclosures from an Electronic Health Record for treatment, payment or health care operations purposes are required to be collected and maintained for only (3) years prior to the request, and only to the extent that Business Associate maintains an electronic health record and is subject to this requirement. At a minimum, the information collected and maintained shall include: (i) the date of disclosure; (ii) the name of the entity or person who received PHI and, if known, the address of the entity or person; (iii) a brief description of PHI disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s authorization, or a copy of the written request for disclosure, 45 C.F.R. Sections 164.504(e)(2)(ii)(G) and 165.528.

k. When requested by Covered Entity, Business Associate agrees to provide access to PHI in a designated record set to Covered Entity or to an Individual in order to comply with the requirements under 45 CFR 164.524 and the policies of Covered Entity. Such access shall be provided by Business Associate in the time and manner designated by Covered Entity.

l. When requested by Covered Entity or an Individual, Business Associate agrees to make any amendment(s) to PHI in a designated record set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 and the policies of Covered Entity. Such amendments shall be made by Business Associate in the time and manner designated by Covered Entity.

m. Subject to Section 6.5 below, return to the Covered Entity or destroy, within 60 days of the termination of the Agreement, the PHI in its possession and retain no copies whether in paper, electronic, or any other form of media.

n. Access, use and disclose to its subcontractors, agents or other third parties, and request from the Covered Entity, only the minimum PHI necessary to perform or fulfill a specific function required or permitted hereunder, 42 U.S.C. Section 17935(b) and 45 C.F.R. Section 164.514(d)(3). Business Associate understands and agrees that the definition of “minimum necessary” is in flux and shall keep itself informed of guidance issued by the Secretary with respect to what constitutes “minimum necessary.”

o. During the term of the Agreement, Business Associate shall notify Covered Entity within twenty-four (24) hours of any suspected or actual breach of security, intrusion or unauthorized access, use or disclosure of PHI of which Business Associate becomes aware and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. Business Associate shall take (i) prompt corrective action to cure any such deficiencies, (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations and (iii) responsibility for the cost of notification. Business Associate is subject to same civil and criminal penalties as Covered Entity if Business Associate violates the Privacy Rule or the terms of the Agreement.

4. RESPONSIBILITIES OF THE COVERED ENTITY WITH RESPECT TO PROTECTED HEALTH INFORMATION

4.1 Covered Entity shall not request Business Associate to access, use or disclose PHI in any manner that would not be permissible under the HIPAA Regulations if done by Covered Entity or that is not otherwise expressly permitted under Sections 2 and 3 of this Agreement.


5. INFORMATION OWNERSHIP

5.1 Information Presumed Owned by Covered Entity. The following provisions control the ownership of PHI Disclosed under this Agreement. These provisions shall not apply to information which (a) is readily available or can be readily ascertained through public sources, (b) a party has previously Received from a source or sources legally entitled to Disclose such Information to the party, or (c) can be demonstrated by documentation to have been independently developed by the Business Associate without reference to any information provided by the Covered Entity.

a. All information shall be deemed to be the exclusive property of the Covered Entity, unless (a) otherwise expressly agreed in writing or (b) the information was previously received by the Covered Entity from another party to this Agreement, who did not disclaim ownership in Writing.

b. A disclosure of PHI shall not transfer legal title to information to the Receiving Party, unless otherwise expressly agreed in Writing.

6. TERMS AND TERMINATION OF THE AGREEMENT

6.1 Term. This Agreement shall become effective on the Effective Date and shall continue in effect until all obligations of the Parties have been met, unless terminated as provided in Section 6 of this Agreement.

6.2 Termination by the Disclosing Entity. The Covered Entity may immediately terminate this Agreement and any related agreements if the Covered Entity makes the determination that the Business Associate has breached a material term of this Agreement. Alternatively, the Covered Entity may choose to: (i) provide the Business Associate within 30 days written notice of the existence of an alleged material breach; and (ii) afford the Business Associate an opportunity to cure said alleged material breach upon mutually agreeable terms. Failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this Agreement.

6.3 Termination by Receiving Party. If the Business Associate makes the determination that a material condition of performance has changed under this Agreement, or that the Covered Entity has breached a material term of this Agreement, Business Associate may provide thirty (30) day notice of its intention to terminate this Agreement. Business Associate agrees, however, to cooperate with Covered Entity to find a mutually satisfactory resolution to the matter prior to terminating.

6.4 Automatic Termination. This Agreement will automatically terminate without any further action of the Parties upon the termination or expiration of the Standard Services Agreement.


6.5 Effect of Termination . Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This Business Associate shall retain no copies of the PHI.

Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI, 45 C.F.R. Section 164.504(e)(ii)(2)(I). If Covered Entity elects destruction of the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed.

7. Miscellaneous

a. Regulatory References. A reference in this Agreement to a section in HIPAA or the HIPAA Regulations or the HITECH Act means the section as in effect or as amended, and for which compliance is required.

b. Survival. The respective rights and obligations of Business Associate under Section 5 of this Agreement shall survive the termination of this Agreement.

c. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with applicable law protecting the privacy, security and confidentiality of PHI, including, but not limited to, HIPAA, the HIPAA Regulations, and the HITECH Act.

d. State Law. Nothing in this Agreement shall be construed to require Business Associate to access, use or disclose PHI without a written authorization from an individual who is a subject of the PHI, or written authorization form any other person, where such authorization would be required under state law for such access, use or disclosure.

e. Indemnification. Business Associate shall indemnify, hold harmless and defend Covered Entity from and against any and all claims, losses, liabilities, costs and other expenses resulting from, or relating to, the acts or omissions of Business Associate in connection with the representations, duties and obligations of Business Associate under this Agreement.

f. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement, HIPAA, the HITECH Act, or the HIPAA Regulations will be adequate or satisfactory for Business Associate’s own purposes. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.

g. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule and other applicable laws relating to the security or confidentiality of PHI. The parties understand and agree that Covered Entity must receive satisfactory written assurance from Business Associate that Business Associate will adequately safeguard all PHI. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to


this Agreement embodying written assurances consistent with the standards and requirements of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule or other applicable laws. Covered Entity may terminate this Contract upon thirty (30) days written notice in the event (i) Business Associate does not promptly enter into negotiations to amend this Agreement when requested by Covered Entity pursuant to this Section or (ii) Business Associate does not enter into an amendment to this Agreement providing assurances regarding the safeguarding of PHI that Covered Entity, in its sole discretion, deems sufficient to satisfy the standards and requirements of applicable laws.

Amendment of Attachment A. Attachment A may be modified or amended by mutual agreement of the parties at any time without amendment of the Agreement.

h. Primacy. To the extent that any provisions of this Agreement conflict with the provisions of any other agreement or understanding between the parties, this Agreement shall control.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.

Business Associate Covered Entity(Enter Contractor’s Name) (County of Alameda)

(Enter Signatory’s Name) (Enter Signatory’s Name and Title)

Street Address Date

City, State, Zip Code

Date Signed
