HomeMy WebLinkAboutMINUTES - 12221981 - Contracts Bay Nurses I
TD'•r BOARD OF SUPERVISORS a
FROM : Mark Finucane, Health Services Director vwtra
By: Elizabeth A. Spooner, Contracts Administrator coos C
DATE: September 19, 1985 CO "I
SUBJECT: Approval of Addendum to Contract #26-109-9 with Bay Nurses, Inc.
'SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chairwoman to execute on behalf of the County, an
Addendum to Contract #26-109-9 with Bay Nurses , Inc., formally acknowledging
assignment of the contract to Staff Builders Services, Inc.
.II. FINANCIAL IMPACT:
None
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On June 18, 1985, the Board approved Contract #26-109-9 with Bay Nurses, Inc. for
temporary nursing registry services for the period July 1, 1985 - June 30, 1986.
On July 1, 1985, Bay Nurses, Inc. was sold to Staff Builders Services, Inc., and
subsequently, assignment of the contract to Staff Builders was approved by the
County Administrator's Office in accordance with General Conditions Paragraph 13.
(Subcontract and Assignment) .
Staff Builders has requested an addendum to Contract #26-109-9 which provides for
formal assignment of the contract and removal of Bay Nurses, Inc. from any connec-
tion with the contract .
This document has been approved as to legal form by the County Counsel.
EAS:gm
CONTINUED ON ATTACHMENT: _ YES SIGNATURE: , / J
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI OF BOARD COMMITTEE
APPROVE OTHER
S 1 GNATURE S : ✓J�.�,�
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_ 1 HEREBY CERTIFY THAT THIS IS A TRUE
�( UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISOR ON THE DATE SHOWN.
ORIG: Health Services (Contracts) p�
CC: County Administrator ATTESTED _ D
Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF
Contractor SUPERVISORS
�AND
fCOUNTY ADMINISTRATOR
I
�l4A�li
builders®
Heakh Services
FIRST ADDENDUM TO AGREEMENT BETWEEN
BAY NURSES, INC. AND
COUNTY OF CONTRA COSTA - CALIFORNIA
FOR TEMPORARY STAFFING OF NURSING SERVICES
ALL PARTIES to this Agreement acknowledge that effective July 1, 1985, Bay
Nurses, Inc. (BAY) did sell and cause to be transferred to Staff Builders
Services, Inc. (STAFF) all of the assets of BAY including all of BAY`s rights
and interests in nursing service contracts.
STAFF agrees to accept and abide by all terms and conditions of the
Agreement entered into effective July 1, 1985 by and between County of
Contra Costa (County) and BAY.
County agrees to accept STAFF as successor to BAY in the Agreement to
which this Addendum becomes a part.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be
executed by their respective duly authorized representatives.
COUNTY OF CONTRA COSTA - CALIFORNIA
OCT 11985
Board of Sup °visors Date
BAY NURSES, INC.
President Date
STAFF BUILDERS SERVICES, INC.
LouAnn Berg Date
Regional Vice President
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 21 , 1984 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Schroder , Torlakson.
NOES: None .
ABSENT: None.
ABSTAIN: None.
SUBJECT: Approval of Contract Extension Agreement
#26-109-7 with Bay Nurses , Inc.
The Board on June 14, 1983, having approved Contract 4126-109-4 and
on April 3, 1984, having approved Contract Extension Agreement 4126-109-5 and on
June 26, 1984, having approved Contract Extension Agreement 4126-109-6 with
Bay Nurses, Inc. for temporary licensed nursing personnel to assist County
Hospital and clinics during peak loads, temporary absences, and emergency
situations; and
The Board having considered the recommendations of the Director,
Health Services Department, regarding extending said Contract, IT IS BY THE
BOARD ORDERED that said contract extension agreement is hereby APPROVED and the
Chairman is AUTHORIZED to execute the extension agreement as follows: '
Number: 26-109-7
Department: Health Services - Medical Care Division
Contractor: Bay Nurses, Inc.
Term: Extended from August 31, 1984 through October 31, 1984
Payment Limit Increase: $12,000
1 hereby certify that this Is a true and correct copy Of
en action taken and entered on the minutes of
the
Board of 5uuc-,,iaso on the date howwn.
G�TTESTED: --�
�-.A, OL;SON, OUNTY CLERK
and L:: cqaceu Clerk of
the Board
BY , Deputy
-
J
Orig. Dept: Health Services Dept ./CGU
cc: County Administrator
Auditor-Controller
Contractor
SH
woe:'ra 'Costa County • Standard Form 7/84 I '
CONTRACT EXTENSION AGREEMENT
Number 26-109-7
1. Identification of Contract to be Extended.
Number: 26-109-4
Department: Health Services (Medical Care Division)
Subject: Temporary help firm - nursing registry
Effective Date of Contract: July 1, 1983
2. Parties. The County of Contra Costa, California (County) for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: BAY NURSES, INC.
Capacity: California Corporation
Address: 400 - 30th Street, Suite 302, Oakland, California 94609
3. Extension of Term. The term of the above described contra't between the parties
hereto is hereby extended from August 31, 1984 to October 31, 1984 ,
unless sooner terminated as provided in said contract.
4. Payment Limit. As to the extended term of the contract, the maximum amount payable
by the County is increased by the following amount $ 12,000
5. Other Provisions. As to the term during which the above described contract is
extended, the parties mutually agree to those Special Provisions (if any) attached
hereto, which are incorporated herein by reference.
6. Signatures. These signatures attest the parties' agreement hereto.
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: James R. Olsson, County Clerk
JC r an De ignee Deputy
CONTRACTOR/CONSULTANT
Emkn(�_-
(Desi ate off cial business capacity) (Designate o icial businegis capacity)
Note to Contractor/Consultant: (1) Sign above and have a Notary Public execute the
acknowledgement form on page two and (2) as to your signatures, if a corporation, one
signature must be the president, vice-president, secretary or assistant secretary as
required by Civil Code §1190.1 and both signatures must conform to designated represen-
tative groups pursuant to Corporations Code §313.
J�
i
rG;intra, Costa County * . Standard Form 4/84
APPROVALS/ACKNOWLEDGEMENT
Number 26-109-7
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By X By,,6 .s✓
'Design
APPROVED: COUNTY ADMINISTRATOR
By
esi nee
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (by Corporation,
Partnership, or Individual )
County of &,d. LI eja_. ,
The person(s) signing above for Contractor/Consultant, personally known to
me in the individual or business capacity(ies) stated, or proved to me on
the basis of satisfactory evidence to be the stated individual or the
representative(s) of the partnership or corporation named above in the
capacity(ies) stated, personally appeared before me today and acknowledged
that he/she/they executed it, and acknowledged to me that the partnership
named above executed it or acknowledged to me that the corporation named
above executed it pursuant to its by-laws or a resolution of its board of
directors.
Dated: zi
Seall
OFFICIAL SEAL
T 'Notary Public/Deputy ounty er
y �> RICHARD J INAHAN
NOTARY PU2LIC - CALIFC'RyiJIA
I { ^ PRINCIPAL OFFICE IN
ALAVEDA C01,11"!7Y I �
1 MY COMMISSION EXPIRES AUG 22 19'5 -�'!
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
To: Philip J. Batchelor Date: August 14, 1984
County Administrator
Attention: C. L. Van Marter
From: William B. Walker, M.D. Subject: CONTRACT EXTENSION AGREEMENT
Acting Director
By: Elizabeth A. Spooner
Contrac. s & s,/Administrator
Attache for presentation to the Board of Supervisors is the following
contract extension agreement for the Department 's Medical Care. Division:
Number: 26-109-7
Contractor: BAY NURSES, INC.
Term: extended from August 31, 1984 through October 31, 1984
Payment Limit: Increased by $12,000 to a new total of $84,000
Funding: Enterprise Fund
Service: Temporary help firm - nursing registry
This agreement has been approved by the Department 's Contracts and Grants
Administrator in accordance with the guidelines approved by the Board's Order
of December 1, 1981 (Guidelines for contract preparation and processing,
Health Services Department) .
It is , therefore, recommended that this agreement be approved and submitted to
the Board at their next meeting on Tuesday, August 21;, 1984.
SH
Attachments
cc: Clerk of the Board (q 9/
�d I
THE 60ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 26 1984 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson.
NOES: None .
ABSENT: Supervisor McPeak.
ABSTAIN: None .
SUBJECT:
Approval of Contract Extension Agreement #26-109-6
with Bay Nurses, Inc.
The Board on June 14, 1983 , having approved Contract #26-109-4 and on
April 3, 1984, having approved Contract Extension Agreement #26-109-5 with
Bay Nurses, Inc. for temporary licensed nursing personnel to assist County Hospital
and clinics during peak loads, temporary absences , and emergency situations, and
11
The Board having considered the recommendations of the Acting Director,
Health Services Department, regarding extending said Contract, IT IS BY THE BOARD
ORDERED that said contract extension agreement is hereby APPROVED and the Chairman
is AUTHORIZED to execute the extension agreement as follows:
Number: 26-109-6
Department: Health Services - Medical Care Division
Contractor: Bay Nurses, Inc.
Term: Extended from June 30, 1984 through August 31, 1984
Payment Limit Increase: $12,000
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis ra on the date shown.
ATTESTfrD: 9
Jl R. OL ON, COUNTY CLERK
and ex officio Clerk of the Board
By , Deputy
Orifi. Dept.:
cc: Health Services Dept./CGU
County Administrator
Auditor-Controller
Contractor
EAS:sh
31
�Gortra. Costa County ` Standard Form 4/84
} 6
CONTRACT EXTENSION AGREEMENT
1. Contract Identification. Number 26-109-6
Department: Health Services (Medical Care Division)
Subject: Temporary help firm - nursing registry
Effective Date of Contract: July 1, 1983
2. Parties. The County of Contra Costa, California (County) for its Department named
a oTi ve, and the following named Contractor mutually agree and promise as follows:
Contractor: BAY NURSES, INC.
Capacity: California Corporation
Address: 400- 30th Street, Suite 302, Oakland, California 94609
3. Extension of Term. The term of the above described contract between the parties
hereto is hereby extended from June 30, 1984 to August 31, 1984
unless sooner terminated as provided in said contract.
4. Payment Limit. As to the extended term of the contract, the maximum amount payable
bt ecounty is increased by the following amount $ 12,000
5. Other Provisions. As to the term during which the above described contract is
extended, tfie parties mutually agree to those Special Provisions (if any) attached
hereto, which are incorporated herein by reference.
6. Signatures. These signatures attest the parties' agreement hereto.
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: James R. Olsson, County Clerk
" ( 1
By Y, � e By
im
airman gnee Deputy
CONTRACTOR/CONSULTANT
.I w B lCe✓
By:
esi ij a cia usiness capacity y( esignate o icia u ne s capacity
Note 0 Contractor/Consultant: (1) Sign above and have a Notary Public execute the
acknowledgementform on page two and (2) as to your signatures, if a corporation, one
signature must be the president, 'vice-president, secretary or assistant secretary as
required by Civil Code §1190.1 and both signatures must conform to designated represen-
tative groups pursuant to Corporations Code §313.
CAntra. Costa County • Standard Form 4/84
APPROVALS/ACKNOWLEDGEMENT
Number 26-109-6
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By ByrZt4� 4� l
esignee
APPROVED: COUNTY ADMINISTRATOR
By_ � r
esignee
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (by Corporation,
Partnership, or Individual )
County of
The person( s) signing above for Contractor/Consultant, personally known to
me in the individual or business capacity(ies) stated, or proved to me on
the basis of satisfactory evidence to be the stated individual or the
representative(s) of the partnership or corporation named above in the
capacity(ies) stated, personally appeared before me today and acknowledged
that he/she/they executed it, and acknowledged to me that the partnership
named above executed it or acknowledged to me that the corporation named
above executed ;it pursuant to its by-laws or a resolution of its board of
directors.
Dated: me , Z \19,
[Notarial Seal]
Notary eputy oun yer
IRerOger+l+tl/rrde+rrlHr+r+IgllNl+pp/1/0111 UU1111 d
C OFFICIAL SEAL
MARY CHRIS THALKEN
b NOTARY PUBLIC•CALIFORNIA
COUNTY OF ALAMEDA
My Commission Expires July 21.1984 Z
01111 U I I II OI I I OI f 1111 f 1110111111101 t t 111 f 111111111111■
=� CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENTC)ntra Cos �
Oh �.
J(/N 14 7984
wont�ffi-0 Of
Philip J. Batchelor A cfrn/nistratpr
TO: County Administrator Date: June 13, 1984
Attention: C. L. Van Marter
William B. Walker, M.D.
From: Acting Director Subject: CONTRACT EXTENSION 426-109-6
By: Elizabeth A. Spooner
Contracts & Gran Administrator
- Q
Attached for presentation to the Board of Supervisors is the following
contract extension agreement for the Department 's Medical Care Division:
Number: 26-109-6
Contractor: Bay ,Nurses , Inc.
Term: Extended from June 30, 1984 through August 31, 1984
Payment Limit: Increased by $12,000 to a new total of $72,000
Funding: Enterprise Fund
Service: Temporary help firm - nursing registry
This contract has been approved by the Department's Contracts and Grants
Administrator in accordance with the guidelines approved by the Board's
Order of December 1, 1981 (Guidelines for contract preparation and pro-
cessing, Health Services Department) .
It is, therefore, recommended that this contract extension agreement be
approved and submitted to the Board at their next meeting on Tuesday,
June 26, 1984.
EAS:sh
Attachments
cc: Clerk of the Board T t r ED
RECE
J R. OLS50N 1SORS
CL CB
B
A-41 3/81
j'HE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1984/ Adopted this Order on April 3 ,, , by the following vote:
AYES: Supervisors Fanden, McPeak, Schroder , Torlakson.
NOES: None .
ABSENT: Supervisor Powers .
ABSTAIN: None.
SUBJECT: Approval of Contract Amendment Agreement
#26-109-5 with Bay Nurses, Inc.
The Board on June 14, 1983, having approved Contract 126-109-4 with Bay
Nurses, Inc. for nursing registry services; and
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval of Contract Amendment Agreement #26-109-5
with Bay Nurses, Inc. for a reduced level of services under said Contract, IT IS BY
THE BOARD ORDERED that said contract amendment agreement is hereby APPROVED and the
Chairman is AUTHORIZED to execute the contract amendment agreement as follows:
Number: 26-109-5
'Department: Health Services - Medical Care Division
Contractor: BAY NURSES, INC.
Effective Date of Amendment: March 28, 1984 (no change in original
contract term)
Payment Limit Decrease: $40,000 (From $100,000 to a new total
payment limit of $60,000)
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supeseis a on the date s..'aewn.ATTESTED-
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
By deputy
De t.:
Orig. P Health Services Dept./CGU
cc: County Administrator
Auditor-Controller
Contractor
EAS: sh
Contra Costa County . • Standard Form
CONTRACT AMENDMENT AGREEMENT
7
Number 26-109-5
1. Identification of Contract to be Amended.
Number: 26-109-4
Department: Health Services (Medical Care Division)
Subject: Temporary help firm - nursing registry
Effective Date of Contract: July 1, 1983
2. Parties. The County of Contra Costa, California (County) for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: BAY NURSES, INC.
Capacity: California Corporation
Address: 400- 30th Street, Suite 302, Oakland, California 94609
3. Amendment Date. The effective date of this Contract Amendment Agreement is
March 28, 1984
4. Amendment Specifications. The Contract identified above is hereby amended as set
forth in the "Amendment Specifications" attached hereto which are incorporated herein
by reference.
5. Signatures. These signatures attest the parties' agreement hereto.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRA R
B 'IW/`S B t
Y Y
Designee, Board of Supervisors
dW/�l
(Designate official capacity)
Attest: J. R. Olsson, County Clerk
State of California ) as.
County of Contra Costa )
BY .!T"
Deputy Acknowledgement (Civil Code §1190.1)
Recommended by Department On this day of 'NN-� ,�� , ,
in the year `�' , before me
Cary Public/
By Deputy Co ty Clerk, personally appeared
ignee �1�;1 ,
personally known to me (or proved to me on
Form Approved: basis of satisfactory evidence) to be the
person who executed the within instrument on
behalf of the above-named partnership or
By corporation, and acknowledged to me that the
partnership, or corporation in accordance
with its bylaws or a resolution of its board
Approved: } County Administrator
directors, executed. it.
By , Notary Public puty County Clerk
Designee
(6-5-80) Seal:
3 1
OFFICI®atnile�anme�teugo�tutIIII-I ntteluu�>fngmnu®
AL SEAL
MARY CHRIS THALKEN
NOTARY PUBLIC•CALIFORNIA
COUNTY OF ALAMEDA =
My Commission E,Di res July 27,19/4 �
VV
Y1111//ItIttllitttlt11111111t1/1111/11IIIYIIItItN//1111■
AMENDMENT SPECIFICATIONS
Number 26-109-5
In consideration for County's willingness to continue the Contract,
Contractor agrees to provide service at a lower payment limit.
Therefore, County and Contractor agree to modify this contract as spe-
cified below, while all other parts of the Contract remain unchanged and
in full force and effect:
The payment limit specified in Paragraph 4. (Paymen Limit:) is hereby
reduced from $100,000 to a new payment limit of $60 000.
Initials: _
7"
County Dept.
31
=� CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
Contra CEi� Count
ED y
MAR 2 3 1984
To: Charles E. Dixon Date: C
Offic_ of
Interim County Administrator March 23, 1984 County administrator
Attention: C. L. Van Marter
From: William B. Walker, M.D. Subject:
Acting Director CONTRACT AMENDMENT AGREEMENT
By: Elizabeth A. Spooner #26-109-5
��� is �r�r�ts Admin strator
Attache for presentation to the Board of Supervisors is the following
contract amendment agreement for the Department's Medical Care Division:
Number: 26-109-5
Contractor: BAY NURSES, INC.
Effective Date of Amendment: March 28, 1984 (no change in original
contract term)
Payment Limit Decrease: $40,000 (From $100,000 to a new total
payment limit of $60,000)
Service: Temporary help firm - nursing registry
Purpose of Amendment: Decrease level of service
Contract #26-109-4 with Bay Nurses, Inc. for providing the services
described above was approved by the Board on June 14, 1983. (Board Order
attached).
This contract amendment agreement has been approved as to legal form by
County Counsel's Office.
It is, therefore, recommended that this contract amendment agreement be
approved and submitted to the Board at their next meeting on Tuesday,
April 3, 1984.
EAS:sh
Attachments RECEIVED
cc: Clerk of the Board
r !
R. OLSSO
C R S ERVISORS
B ... :... . --.De
A-41 3/81
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
June 14 , 1983
Adopted this Order on —, by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Scliroder .
NOES: None .
ABSENT: Supervisor Torlakson.
ABSTAIN: None .
SUBJECT: Approval of Contract 426-109-4 with Bay Nurses, Inc.
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval of Contract 426-109-4 with Bay Nurses, Inc.
for temporary licensed nursing personnel to assist County Hospital and Clinics
during peak loads, temporary absences and emergency situations, IT IS BY THE BOARD
ORDERED that said contract is hereby APPROVED and the Chairman is AUTHORIZED to
execute the contract as follows:
Number: 26-109-4
Department: Health Services - Medical Care Division
Contractor: Bay Nurses, Inc.
Term: July 1, 1983 through June 30, 1984
Payment Limit: $1000000
t hereby certify that this Is a true and correct copy of
an action taken and entered cn the minutes of the
Board of Supervilr on the date shown.
ATTESTED: 3
J.R. OL SON, COUNTY CLERK
and ex O
f
ficio Clerk of the Board
By f'G
Deputy
I
Orig. Dept.: Health Services Dept./CGU
CC: County.Administrator
Auditor-Controller
Contractor
DG:to � 1
Cont rA. Costa County Standard Form
STANDARD CONTRACT I
t
(Purchase of Services)
1. Contract Identification. Number 26-109-4
Department : Health Services (Medical Care Division)
Subject : Temporary help firm - nursing registry
2. Parties . The County of Contra Costa, California (County) , for its
Department named above, and the following named Contractor mutually agree and
promise as follows :
Contractor : BAY NURSES, INC.
Capacity : California corporation
Address : 400 - 30th Street, Suite 302, Oakland, California 94609
3 . Term. The effective date of this Contract is July 1, 1983 and it
terminates June 30, 1984 unless sooner terminated as provided herein.
i
4 . Payment Limit. County" s total payments to Contractor under this Contract
shall not exceed $ 100,000'
5 . County' s Obligations/ County shall make to the Contractor those payments
described in the Payment Provisions attached hereto which are incorporated
herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6 . Contractor ' s Obligations . Contractor shall provide those services and
carry out that work described in the Service Plan attached hereto which is
incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7 . General and Special Conditions . This Contract is subject to the General
Conditions and Special Conditions (if any) attached hereto, which are incorpo-
rated herein by reference.
8 . Project. This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference:
NOT APPLICABLE
9 . Legal Authority. This Contract is entered into under and subject to the
following legal ,authorities: California Government Code 31000.4
k
10. Signature /0Z/.//AL
atures attest the pa ies ' greement hereto :
COUNTY OF C F0RNIA CONTRACT
By By =
besigne , Board of Supervisors '_ -
(Design e o tial capacity) , l
Attes� R. Olss n, County Clerk
By '�/��/p` ��/�� �} State of California )
f7�1tSL__ > as.
Deputy County of Contra Costa )
Recommended by Department ACKNOWLEDGEMENT (CC 1190. 1)
The person signing above for Contractor,.
By known to me in those individual and
De gnee business capacities , personally appeared
before me today and acknowledge that he/
Form Approved: they signed it and that the corporation
executed this instrument pursuant to its
By bylaws or a resolution of its board of
dire tors.
Appr/o/�vCount Adminis ator _
zz_Lc Jones
By�X�G1//�� 44 o ary Public/ >z AUkAxx
Designee
(6-5-80) ted: June 1 ASEMb, OFFICIAL S AI,
1
NOTARY PU`BSLI MI M CALIF N`�
AIAMEDA COUNTY
`// ,MY Comm. expires JUL 1t;, 10
;•, Oontra Costa County
• Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 26-109-4
1. Payment Amounts. Subject to the Payment Limit. of this Contract
and subject to the following Payment Provisions, County, will pay Contractor
the following fee :
[ Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the. Service Plan, or
[ ] c. $ , after completion of all obligations and
conditions herein and as full compensation for all services,
work, and expenses provided or incurred by Contractor hereunder .
[XJ d. The applicable fee per hour of temporary work, as defined in the Service Plan,
expressed as the hourly bill rate in Paragraph 1. of the Service Plan; pro-
vided that County will also pay the following additional rates as applicable:
(1) Overtime compensation according to Paragraph 9. of the Service Plan;
(2) Short Notice reimbursement according to Paragraph 10. of the Service
Plan; and
(3) Holiday compensation according to Paragraph 11. of the Service Plan.
2. Payment Demands . Contractor shall submit written demands. Said
demands shall be made on County Demand Form D15 and in the manner and form
prescribed by County,. Contractor shall submit said demands for payment
for services rendered no later than 90 days from the end of the month in
which said services are actually rendered . Upon approval of said payment
demands by the head of the County Department for which this Contract is
made, or his designee, County will make payments as specified in Paragraph
1 . (Payment Amounts) above.
3 . Right to Withhold . County has the right to withhold payment to
the Contractor when,' in the opinion of the . County expressed. in writing to
the Contractor , (a) the Contractor ' s performance, in whole or in part ,
either has not been carried out or is insufficiently documented , (b) the
Contractor has neglected, failed or refused to furnish information or to
cooperate with any inspection, review or audit of its program, work or
records, or (c) Contractor has failed to sufficiently itemize or document
its demand (s) for payment.
4 . Audit Exceptions . Contractor agrees to accept responsibility for
receiving , replying to, and/or complying with any audit exceptions by
appropriate County, State or Federal audit agencies occurring as - a result
of its performance of this Contract . Contractor also agrees to pay to the
County within 30 days of demand by County the full amount of the County ' s
liability, , if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are ttributable to the Contractor ' s
failure to perform properly any of its obliga ons under this Contract .
Initials :
Contr r -County Dept.
(6-4-80)
SERVICE PLAN
Number 26-109-4
1. Scope. Upon request received by Contractor from County's Health Service
Director, or his designee (Director of Nursing, or an Assistant Director of
Nursing), .and subject to the payment limit of this Contract, Contractor shall pro-
vide its employees, in the below listed job classifications and at the specified
hourly billing rates, ,to do temporary work for County for specified peak loads,
temporary absences, or emergency situations. Personnel providing services under
this contract are not County employees.
NOT TO EXCEED THE BILLING
JOB CLASSIFICATION SHIFT RATE SPECIFIED BELOW PER
HOUR OF TEMPORARY WORK
a. Registered Nurse 7 a.m. to 3:30 p.m. $23.50
b. Registered Nurse 3 p.m. to 11:30 p.m. $24.62
c. Registered Nurse 11 p.m. to 7:30 a.m. $25.62
Provided that, if Contractor's reimbursement rates to its employees are increased
as a result of agreement to increase salaries reached by arbitration, or otherwise,
between California Nurses Association, and (i) Kaiser Hospitals [East Bay] , or
(ii) _ those hospitals known as the Associated Hospitals of the East Bay, the billing
rates specified above shall be increased by the percentage increase implemented
under Contractor's reimbursement rates to its employees for experienced-level
Registered Nurses. Provided further that (i) Contractor shall provide County writ-
ten notification 30 days prior to the effective date of said increase in billing
rates together with mutually-acceptable documentary evidence of said arbitration,
or other agreements, and the new reimbursement rates, salary increases, and billing
rates per hour, and (ii) in no case shall County be obligated to increase said
billing rates by more than 10 percent.
2. Standards. Contractor shall provide Registered Nurses who have one year
current nursing experience within the last two years, or who have successfully
completed a Board of Registered Nurses Certified Nurse Refresher course within the
last 3 months. Contractor shall comply with the Joint Commission on Accreditation
of Hospitals nursing service recommendations for use of outside services. Pursuant
to this recommendation, contractor shall, upon written request from County, make
available to authorized county representatives its personnel files, policy and pro-
cedure manuals, health certificates, licenses, and similar documents, for auditing
purposes of J.C.A.H. Standards.
3. Definitions.
a. Hour of Temporary Work. For payment purposes in accordance with
Paragraph l.d. of the Payment Provisions, an "hour of temporary work" is herein
defined as the provision of the above described services, by one of Contractor's
employees in one of the classes listed in Paragraph 1. above, directly (i.e., in
person) in a County Health Services Department facility, for one full hour.
Portions of an hour of temporary work spent by each paid Contractor's employee in
providing services shall be reported in one-half hour increments. Time spent in
travel and other such activities involving no service shall not be included.
b. Overtime. For payment purposes, overtime is the provision at County's
request, of hours of temporary work, by an employee designated by County, beyond
eight hours in any workday, and/or beyond forty hours in any workweek.
c. Holiday Shift. For payment purposes, a holiday shift is one where the
majority of hours worked by Contractor's employee, fall on the .ctual calendar date
of one of the holidays specified in paragraph 11. below.
Initials: k,,�
on ctor County
i
I
2 -1-
Ai� �
SERVICE PLAN
Number 26-109-4
4. Replacement. In the event of unsatisfactory performance as ,judged by the
nursing supervisor.or charge nurse to which the employee is assigned, County.may
request replacement of,an employee within the _first_four_hours of work without
charge. After the first four hours, replacement may be.requested at any time-with
charge being made for hours worked. County agrees to accept a minimum of,four. -
hours of services per assigned Contractor employee reporting for work, except as
above.
5. Notification of Work Order. Contractor will be notified of a work order
for temporary_help by one of the.individuals specified in paragraph,1. above.
-
After the initial job order is received, the Contractor will ,contact _the supervisor
who is to oversee the Contractor's employee in order to ascertain exact duties and
responsibilities of the job. involved.
6. Time Cards. Time cards shall be supplied by Contractor, and approved by
the,department's duly authorized representative (Director of Nursing or Assistant
Director of Nursing, or Nursing Supervisor or Charge Nurse to whom employee has
been assigned).
7. Eligibility for Hire. Any employee provided by the.Contractor to County
under the terms of this contract, will be eligible for County hirewithoutliabi—
lity-for any fee or any other obligation, after (i) first giving notice to
Contractor of his/her intent to accept County's employment offer, and (ii) sub—
sequently working a minimum of 10 eight hour shifts, or a, total of 80 hours, as
Contractor's employee,in a County.Health Service Department facility. Contractor's
employee or_Contractor shall be free to enter into open and competitive examina—
tions for County positions, however, will receive no special consideration for time
spent as a temporary worker.
8. Limitation of Service. Contractor shall provide employees to work for no
more, than 90 days with respect to any single peak load, temporary absence, or
emergency situation.
9. Overtime Compensation. County will pay for overtime worked at County's
request, by Contractor's employees, according to the schedule shown below:
a. One and one—half times the-employee's regular billing or pay,rate-for
all hours worked in excess of eight hours up to and including twelve hours-in_any
workday, and for the first eight hours worked on the sixth and seventh consecutive
day of work for that employee; and
b. Double the employee's regular billing or pay rate for all hours worked
in excess of twelve hours in any workday and for all hours worked in excess of
eight hours on the sixth and seventh consecutive day of work for that employee.
-
c. In all instances when an employee of Contractor is requested to_work a
double shift, pay and billing for the second shift shall be based upon the normal
hourly rate for the second shift in determining the premium.
10. Short Notice Reimbursement. County will reimburse Contractor for four
hours-of service should County cancel a shift less than one and one half .hours
before_said shift, is to begin, ,unless nurse_can.be placed elsewhere. Contractor
will credit County for four hours .of service should Contractor cancel _a shift less
than,one and one half hours before said shift is to begin, unless a replacement
nurse is furnished.
11. Holiday Compensation. County and Contractor each recognize the following
holidays: Independence Day (7/4/83), Labor Day (9/5/83), Veterans' Day (11/11/83),
Thanksgiving Day (11/24/83), Christmas .Day (12/25/83), New Year's Day- (1/1/84), ,
Washington's Birthday (2/20/84), and Memorial Day (5/28/84). On these holidays,
County,will.reimburse Contractor for services rendered to_Coun y, _by Contractor's
employees at .County's-request, at_ the _rate of one_and one—half times the employee's
normal billing rate specified in paragraph 1., above.
Initials:
C ctor County Dept.
—2—
SPECIAL CONDITIONS
i
Number 26-109-4
1. Indemnification. Paragraph 18 (Indemnification) of the General Conditions
is modified to read as follows:
"18. Indemnification. The Contractor shall defend, .save harmless and.
indemnify-the County and its,officers, agents and employees f'rom_all. liabilities and
claims for damages for death, .sickness or, injury to persons or .property arising from
or-connected.with. the operations or the services of the. Contractor -hereunder,
resulting from the conduct of the Contractor, its agents or employees."
2. Professional Liability Insurance. Paragraph 19.a. (Liability Insurance) on
page 3 of the General Conditions is hereby deleted and replaced in its entirety with a
substitute provision to read as follows:
"a. Professional Liability Insurance. During the entire term of this
Contract and any extension or modification thereof, Contractor shall provide and keep
in effect a policy or policies of professional liability insurance with a minimum
coverage-of $1,000,000. per incident and $3,000,000 per occurrence for-all damages or
lossesbecause of errors, omissions, or malpractice arising from the provision of pro-
fessional services under this Contract. Said policy or_policies shall _constitute-pri-
mary insurance as to the County, and their officers, agents, and employees, so that
other insurance coverage held by the _county_shall not be required to contribute to any
loss covered under Contractor's insurance policy
_or policies. Upon the filing of any
claim for damages or losses arising from the provision of professional services under
this Contract, Contractor shall provide County with a copy of its professional liabi-
lity insurance policy or policies specified above."
3. Employee Security. Paragraph 19.b (Worker's Compensation) on page 3 of -the
General Conditions is hereby deleted and replaced in its entirety with a substitute
provision to read as follows:
"Employee Security. The Contractor shall provide worker's compensation
coverage and unemployment compensation coverage for its employees."
4. Reporting Requirements. Pursuant _to .Government Code. §7550, Contractor shall
include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section setting forth the numbers and dollar
amounts of all contracts-and subcontracts relating to the preparation of each such
document ,or written report. This section shall apply only if the payment limit under
this Contract exceeds $5,000.
5. Access to Books and Records of Contractor, Subcontractor. Pursuant to
Section 1861 (v) , (1) of the Social Security Act, and any regulations promulgated
thereunder, Contractor shall, upon written request and until the expiration of four
years-after.the furnishing of services pursuant to this .Contract, make available to
the Secretary of Health and,Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, -and records
of Contractor that are necessary to certify the nature and extent of all costs and
charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a
subcontract with a value or cost of $10,000 or more over a twelve-month period, such
subcontract shall contain a_clause to the effect that upon written,request -and until
the expiration of four years after the furnishing of services .pursuant . to such
- . .
subcontract, the-subcontractor shall make available, to the Secretary or to the
Comptroller General, or any of their duly authorized representatives, the subcontract
and books, documents, and records of the subcontractor that are necessary to verify
the nature and extent of all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the
maintenance or retention of.records under this Contract and is binding on the heirs,
-
successors, assigns and representatives of Contractor.
6. Discounts. The following sentence shall be added to Paragraph 2. (Payment
Demands) of the Payment Provisions:
"Provided that, the total amount to be paid by County will be decreased
(i.e., -discounted) by,two percent if payment is made to Contra for by County within
10 days of County's receipt of Contractor's Demand Form D-15."
Initials:
Co ctor County Dept.
J
Contra Costa County Standard For'm .. .
GENERAL CONDITIONS
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate(s) of insurance evidencing liability and workers '
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ies)
or acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
d. Additional Insurance Provisions. The insurance policies pro-
vided by the Contractor shall include a provision for thirty (30) days
written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, and their officers, agents,
and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered
under the Contractor ' s insurance policy or policies.
20. Notices . All notices provided for by this Contract shall be in
writing and may be delivered by deposit in the United States mail , postage
prepaid. Notices to the County shall be addressed to the head of the County
Department for which this Contract is made. Notices to the Contractor shall
be addressed to the Contractor ' s address designated herein. The effective
date of notice to the Contractor shall be the date of deposit in the mails
or of other delivery. The effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this
Contract is made.
21 . Primacy of General Conditions . Except for Special Conditions
which expressly supersede General Conditions, the Special Conditions (if
any) and Service Plan do not limit any term of the General Conditions.
22 . Nonrenewal . Contractor understands and agrees that there is no
representation,_ implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new con-
tract following expiration or termination of this Contract , and waives all
rights or claims to notice or hearing respecting any failure to continue
purchase of all or ', any such services from Contractor .
23. Possessory Interest. If this Contract results in the Contractor
having possession of, claim to or right to the possession of land or improve-
ments , but does not vest ownership of the land or improvements in the same
person, or if this Contract results in the placement of taxable improvements
on tax exempt land (Revenue & Taxation Code §107) , such interest or improve-
ments may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes levied on such
interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code §107 . 6, and waives all rights to
further notice or to damages under that or any comparable statute.
(A-4616 REV 6/80) -4-
~• •-Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
15 . Conflicts of Interest. Contractor promises and attests that the
Contractor and any members of its governing body shall avoid any actual or
potential conflicts of interest. If Contractor is a corporation, Contractor
agrees to furnish to the County upon demand a valid copy of its most recently
adopted bylaws and also a complete and accurate list of its governing body
(Board of Directors or Trustees) and to timely update said bylaws or the list
of its governing body as changes in such governance occur .
16 . Confidentiality. Contractor agrees to comply and to require its
employees, agents and partners to comply with all applicable State- or Federal
statutes or regulations respecting confidentiality, including but not limited
to , the identity of persons served under this Contract , their records, or
services provided them, and assures that :
a . All , applications and records concerning any individual made or
kept by Contractor or any- public officer or agency in-connection with the
administration of or relating to services provided under this Contract will
be confidential , and will not be open to examination for any purpose not
directly connected with th-e administration of such service.
b. No person will publish or disclose or permit or cause to be
published or disclosed , any list of persons receiving services, except as
may be required in the administration of such service. Contractor agrees
to inform all, employees, agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information
other than as authorized by law may be guilty of a misdemeanor .
17 . Nondiscriminatory Services . Contractor agrees that all goods and
services under this Contract shall be available to all qualified persons
regardless of age, sex, race, religion, color, national origin, or ethnic
background, or handicap , and that none shall be used , in. whole or in part ,
for religious worship or instruction.
18 . Indemnification. The Contractor shall defend, save harmless and
indemnify the County and its-- officers, agents and employees from all lia-
bilities and claims for damages for death, sickness or injury to persons or
property, including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder, resulting from the conduct , negligent or
otherwise, of the Contractor , its agents or employees.
19 . Insurance. During the entire term of this Contract and any
extension or modification thereof , the Contractor shall keep in effect
insurance policies meeting the following insurance requirements unless
otherwise expressed in Special Conditions :
a. Liability Insurance. The Contractor shall provide compre-
hensive liability insurance, including coverage for owned and non-owned
automobiles , with a minimum combined single limit coverage of $500, 000
for all damges, including consequential damages, due to bodily injury,
sickness -or disease, or death to any person or damage to or destruction
of property, including .the. loss of use thereof , arising from each
occurrence. Such insurance shall be endorsed to include the County and
its- officers and employees as additional named insureds as to all ser-
vices performed by Contractor under this agreement.
b. Workers ' Compensation. The Contractor shall provide workers '
compensation insurance coverage for its employees.
(A-4616 REV 6/80)- -3-
� 1
i
Contra Costa County • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
8 . Modifications and Amendments.
a . General Amendments. This Contract may be modified or amended
by a written document executed by the Coutractor. and the Contra Costa County
Board of Supervisors or, after Board approval, by its designee, subject to
any required State or Federal approval.
b. Administrative Amendments . Subject to the Payment Limit,
the Payment Provisions and the Service Plan may be amended by a written
administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal
approval, provided that such administrative amendments may not materially
change the Payment Provisions or the Service Plan.
9 . Disputes. Disagreements between the County and Contractor con-
cerning the meaning, requirements, or performance of this Contract shall
be subject to final determination in writing by the head of the County
Department for which this Contract is made or his designee or in accordance
with the applicable procedures (if any) required by the State or Federal
Government .
10 . Choice of Law and Jurisdiction .
a. This Contract is made in Contra Costa County and shall be
governed and construed in accordance with the laws of the State of
California.
b. Any action relating to this Contract shall be instituted and
prosecuted in the courts of Contra Costa County, State of California.
11 . Conformance with Federal and State Regulations . Should Federal or
State regulations touching upon the subject of this Contract be adopted or
revised during the term hereof , this Contract shall be amended to assure
conformance with such Federal or State requirements.
12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of the-we
General Conditions, inspections or approvals, or statements by any officer ,
agent or employee of the County indicating the Contractor ' s performance or
any part thereof complies with the requirements of this Contract, or
acceptance of the whole or any part of said performance , or payments there-
for, or any combination of these acts, shall not relieve the Contractor' s
obligation to fulfill this Contract as prescribed ; nor shall the County be
thereby estopped from bringing any action for damages or enforcement arising
from any failure to comply with any of the terms and conditions of this
Contract .
13 . Subcontract and Assignment. This Contract binds the heirs, suc-
cessors, assigns and representatives of Contractor. The Contractor shall
not enter into subcontracts for any work contemplated under this Contract
and shall not assign this Contract or monies due or to become due, without
the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14 . Independent Contractor Status. This Contract is by and between
two independent contractors and is not intended to and shall not be con-
strued to create the relationship of agent, servant, employee, partnership ,
joint venture or association.
(A-4616 REV 6/80) -2-
' Con-tra Costa County • • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply
with all Federal , State and local laws and regulations applicable with
respect to its performance under this Contract, including but not limited
to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment .
2 . Inspection. Contractor ' s performance, place of business and
records pertaining to this Contract. are subject to monitoring, inspection,
review and audit by authorized representatives of the County, the State
of California, and the United States Government.
3 . Records. Contractor shall keep and make available for inspection
and copying by authorized representatives of the County, the State of
California, and the United States Government, the Contractor ' s regular
business records and such additional records pertaining to this Contract
as may be .required by the County.
4 . Retention of Records. Contractor shall retain all documents per-
taining to this Contract for five years from the date of submission of
Contractor 's final payment demand or final Cost Report ; for any further
period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract ' s funding period.
Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United
States Government.
5 . Termination.
a. Written Notice. This Contract may be terminated by either
party, at their sole discretion, upon thirty-day advance written notice
thereof to the other , and may be cancelled immediately by written mutual
consent .
b. Failure to Perform. The County, upon written notice to
Contractor , may immediately terminate this Contract should the Contractor
fail to perform properly any of its obligations hereunder . In the event
of such termination, the County may proceed with the work in any reason-
able manner it chooses. The cost to the County of completing Contractor 's
performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County 's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5 .a. above. ,
in the event that Federal, State, or other non-County. funding for this
Contract ceases, this Contract is terminated without notice.
.6 . Entire Agreement. This Contract contains all the terms and con-
ditions agreed upon by the parties. Except as expressly provided herein,
no other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of. the parties
hereto.
7 . Further Specifications for Operating Procedures . Detailed speci-
fications of operating procedures and budgets required by this Contract,
including but not limited to, monitoring, auditing, billing , or regulatory
changes , may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to
the extent that they further detail or clarify that which is already re-
quired hereunder . Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the
Contractor as provided herein. Informal Agreements may be approved and
signed by the head of the County Department for which this Contract is
made or his designee.
(A-4616 REV 6/80) -1-
3l
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMEI`'FT.
I:y
To: M. G. Wingett, County Administrator Date: June 7, 1983"
Attention: C. L. Van Marter OT
.7�
From: Arnold S. Leff, M.D., Director Subject: CONTRACT 126-109-4
By: Elizabeth A. Spooner, Acting ,
Contracts & G a m nistr tor
Attache0or presentation to the ,'Board of Supervisors is the following contract
for the Department's Medical Care'.Division:
Number: 26-109-4
Contractor: Bay Nurses, Inc.
Term: July 1, 1983 through June 30, 1984
Payment Limit: $100,000
Fundiar. Enterprise Fund
Service: Temporary licensed nursing personnel to assist County Hospital
and Clinics during peak loads, temporary absences and emergency
situations.
This contract has been approved as to form by Contracts and Grants Administrator
in accordance with the guidelines approved by the Board's Order of December 1.
1981 (Guidelines for contract preparation and processing, Health Services
Department).
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, June 14, 1983.
DG:ta
Attachments
cc: Clerk of the Board
RECEIVED
JM / 1983
OF
O'SSON&
6 MORS
CLIE t
By- ur
-
A-41 3/81
IE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 27 , 1982 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, Torlakson, McPeak.
NOES: None.
ABSENT: None.
ABSTAIN: None.
SUBJECT: Approval of Contract 4126-109-3 with Bay Nurses, Inc.
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval of Contract 4126-109-•3 with Bay Nurses, Inc.
for temporary licensed nursing personnel to assist County Hospital and Clinics
during peak loads, temporary absences and emergency situations, IT IS BY THE BOARD
ORDERED that said contract is hereby APPROVED and the Chair is AUTHORIZED to exe-
cute the contract as follows:
Number: 26-109-3
Contractor: Bay Nurses, Inc.
Term: August 1 , 1982 through June 30 , 1983
Payment Limit: $150,000
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors ca the date shown.
ATTESTED: — JUL 2 71982
J.R. OLSSOKI, COUNTY CLERK
and ex officio Clerk of the Board
By C� �'G���CG�
Deputy
Co Matthews
Orig. Dept.: : Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
EJM:ta 2
ntra Costa County Standard Form
• STANDARD CONTRACT
� (Purchase of Services) (�1. Contract Identification. Number 26 = 1 O
Department : Health Services (Medical Care Division)
Subject : Temporary help firm - nursing registry
2. Parties . The County of Contra Costa, California (County) , for its
Department named above, and the following named Contractor mutually agree and
promise as follows :
Contractor : BAY NURSES, INC.
Capacity : California corporation
Address : 400 30th Street, Suite 302, Oakland, California 94609
3. Term. The effective date of this Contract is August 1, 1982 and it
terminates June 30, 1983 unless sooner terminated as provided herein.
4 . Payment Limit. County' s total payments to Contractor under this Contract
shall not exceed $_ 150,000
5 . County ' s Obligations. County shall make to the Contractor those payments
described in the Payment Provisions attached hereto which are incorporated
herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6 . Contractor ' s Obligations . Contractor shall provide those services and
carry out that work described in the Service Plan attached hereto which is
incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7 . General and Special Conditions. This Contract is subject to the General
Conditions and Special Conditions (if any) attached hereto, which are incorpo-
rated herein by reference.
8 . Project. This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference:
NOT APPLICABLE
9 . Legal Authority. This Contract is entered into under and subject to the
following legal authorities: California Government Code 31000.4
10. Signatures . These signatures attest the par ies ' ,a reement hereto :
COUNTY OF CONTRA COSTcA,� CALIFORNIA CONTRACT
By l W By
D'e ignee, Board 8f Supervisors
(Designate o ficial capacity)
Attest : J.R. Olsson,ICounty Clerk
State of California )
By AZ& 1 ) as.
Deput County of Contra Costa )
Recom ended y ep rtme ACKNOWLEDGEMENT (CC 1190. 1)
The person signing above for Contractor ,
By known to me in those individual and
Designee business capacities, personally appeared
before me today and acknowledge that_,he/
Form Appro ed: they signed it and that the corporation
executed this nstrument pursuant to its
By bylaws o a resol tion of its board of
directors
-2, 1 /Deputy County Clerk
(6-5-80)
Dated: JUL 2 0 1982
'Contra- Costa County • 0Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 26ml 09 -
3
1. Payment Amounts. Subject to the Payment Limit of this Contract
and subject to the following Payment Provisions, County will pay Contractor
the following fee :
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ , after completion of all obligations and
conditions herein and as full compensation 'for all services,
work, and expenses provided or incurred by Contractor hereunder .
[X] d. The applicable fee per hour of temporary work, as defined in the Service Plan,
expressed as the hourly bill rate in Paragraph 1. of the Service Plan;
provided that County will also pay the following additional rates as
applicable:
(1) Overtime compensation according to Paragraph 9. of the Service Plan,
(2) Short Notice reimbursement according to Paragraph 10. of the Service
Plan, and
(3) Holiday compensation according to Paragraph 11. of the Service Plan.
2. Payment Demands . Contractor shall submit written demands. Said
demands shall be made on County Demand Form D15 and in the manner and form
prescribed by County. Contractor shall submit said demands for payment
for services rendered no later than 90 days from the end of the month in
which said services are actually rendered . Upon approval of said payment
demands by the head of the County Department for which this Contract is
made, or his designee, County will make payments as specified in Paragraph
1 . (Payment Amounts) above. [See Paragraph 5. of the Special Conditions]
3 . Right to Withhold . County has the right to withhold payment to
the Contractor when, in the opinion of the , County expressed in writing to
the Contractor , (a) the Contractor ' s performance, in whole or in part',
either has not been carried out or is insufficiently documented , (b) the
Contractor has neglected, failed or refused to furnish information or to
cooperate with any inspection, review or audit of its program, work or
records, or (c) Contractor has failed to sufficiently itemize or document
its demand (s) for payment.
4 . Audit Exceptions . Contractor agrees to accept responsibility for
receiving , replying to, and/or complying with any audit exceptions by
appropriate County, State or Federal audit agencies occurring as a result
of its performance of this Contract. Contractor also agrees to pay to the
County within 30 days of demand by County the full amount of the County ' s
liability, if any, to the State and/or Fed government resulting from
any audit exceptions, to the extent such are ttributable to Ztractor ' s
failure to perform properly any of its obliga ions under th Initials :
Con actor .
(6-4-80)
� 1
SERVICE PLAN y ® n e�
— i)
Number 1 `�
i
1. . Scope. Upon request received by Contractor from County's Health Service.
Director, or his designee (Director of Nursing, or an Assistant Director of Nursing), _and
subject to the payment limit of this Contract, Contractor shall provide its employees,
in the below listed job classifications and at the specified hourly billing rates, to do
temporary work for County for specified peak loads, temporary absences, or emergency_
situations. Personnel providing services under this contract are not County employees.
JOB CLASSIFICATION SHIFT BILLING RATE PER HOUR
OF TEMPORARY WORK
a. Registered Nurse 7 a.m. to 3 p.m. $21.625
b. Registered Nurse 3 p.m. to 11 p.m. $23.000
c. Registered Nurse 11 p.m. to 7 a.m. $24.000
Provided that, if Contractor's reimbursement rates to its employees are increased as _a
result of agreement to .increase salaries reached by arbitration, or otherwise, between
California Nurses Association, and (i) Kaiser Hospitals [East Bay] , or (ii) those.
hospitals known as the Associated Hospitals of the East Bay, the billing rates specified
above shall be increased by the percentage increase implemented under Contractor's
reimbursement rates to its employees for experienced-level Registered Nurses. Provided
further that (i) Contractor shall provide County written notification 30 days prior to the
effective date of said increase in billing rates together with mutually-acceptable . .
documentary evidence of said arbitration, or other agreements, and the new reimbursement
rates, salary increases, and billing rates per hour, and (ii) in no case shall County be
obligated to increase said billing rates by more than 10 percent.
2. Standards. Contractor shall provide.Registered Nurses who have one year current
nursing experience within the last two years, or who have successfully completed a Board
of Registered Nurses Certified Nurse Refresher course within the last 3 months.
Contractor shall comply with the Joint Commission on Accreditation of Hospitals nursing
service recommendations for use of outside services. Pursuant to this recommendation, _
contractor shall, upon written request from County, make available to authorized county
representatives its personnel files, policy and procedure manuals, health certificates,
licenses, and similar documents, for auditing purposes of J.C.A.H. Standards.
3. Definitions.
'a. Hour of Temporary Work. For payment purposes in accordance with Paragraph
l.d. of the Payment Provisions, an "hour of temporary work" is herein defined as the pro-
vision of the above described services, by one of Contractor's employees in one of the
classes listed in Paragraph 1. above, directly (i.e. , in person) in a County Health,
Services Department facility, for one full hour or• any portion thereof in accordance with
the schedule presented below:
Portion of
Minutes Hour of Work
5 - 9 .1
10 - 14 .2
15 - 24 .3
25 - 29 .4
30 - 34 .5
35 - 39 .6
40 - 44 .7
45 - 54 .8
55 - 59 .9
Portions of an hour of temporary work spent by each paid Contractor's employee in pro-
viding_ services shall be reported according to the conversion able immVnobe
.
Time spent in travel and other such activities involving no se vice shauded. '
Initials:
ctor
-1-
3 � •
• SERVICE PLAN O ^ - ® _
Number h
b. Overtime. For payment.purposes, overtime is the provision at County's .
request, of hours of temporary work, by an employee designated by County, beyond eight
hours in any workday, and/or beyond forty hours in any workweek.
c. Holiday Shift. For payment purposes, a holiday shift is one where the
majority of hours worked by Contractor's employee, fall on the actual calendar date of one
of the holidays specified in paragraph 11. below.
4. Replacement. In the event of unsatisfactory performance as _judged by the
nursing supervisor or charge nurse to which the employee is assigned, County may request ,
replacement of an employee within the first four hours of work without charge. After the
first four hours, replacement may be requested at any time with charge being made for _
hours worked. County agrees to accept.a minimum of four hours of services per assigned
Contractor employee reporting for work, except as above.
5. Notification of Work Order. Contractor will be notified of a work order for
temporary help by one of the individuals specified in paragraph 1. above. After the ini-
tial job order is received, the Contractor will contact the supervisor who is to oversee
the Contractor's employee in order to ascertain exact duties and responsibilities of the
job involved.
6. Time Cards. Time cards shall be supplied by Contractor, and approved by the
department's duly authorized representative (Director of Nursing or Assistant Director of
Nursing, or Nursing Supervisor or Charge Nurse to whom employee has been assigned).
7. Eligibility for Hire. Any employee provided by the Contractor to County under
the terms of this contract, will be eligible for County hire without liability for any
fee or any other obligation, after (i) first giving notice to Contractor of his/her intent
to accept County's employment offer, and (ii) subsequently working a minimum of 10 eight
hour shifts, or a total of 80 hours, as Contractor's employee in a County Health Service_ _
Department facility. The employee or Contractor shall be free to enter into open and,com-
petitive examinations for County positions, however, will receive no special consideration
for time spent as a temporary worker.
8. Limitation of Service. Contractor shall.provide employees to work for no more
than 90 days with respect to any single peak load, temporary absence, or emergency
situation.
9. Overtime Compensation. County will pay for overtime worked at County's request,
by Contractor's employees, according to the schedule shown below:
a. One and one-half times the employee's regular billing or pay rate for all
hours worked in excess of eight hours up to and including twelve hours in any workday, and
for the first eight hours worked on the sixth and seventh consecutive day of work for that
employee; and
b. Double the employee's regular billing or pay rate for all hours worked in
excess of twelve hours in any workday and for all hours worked in excess of eight hours on
the sixth and seventh consecutive day of work for that employee.
. c. In all instances when an employee of Contractor is requested to work a double
shift, pay and billing for the second shift shall be based upon the normal hourly rate for
the second shift in determining the premium.
10. Short Notice Reimbursement. County will reimburse Contractor for four hours of
service should County cancel a shift less than one and one half hours before said shift is
to begin, unless nurse can be placed elsewhere. Contractor will credit County for four
hours of service should Contractor cancel a shift less than one and one half hours before
said shift is to begin, unless a replacement nurse is furnished.
11. Holiday Compensation. County and Contractor each recognize the following
holidays: Labor Day (9/6/82), Veterans' Day, (11/11/82) Thanksgiving Day (11/25/82),
Christmas Day (12/25/82), New Year's Day (1/1/83), Washington's Birthday (2/21/83), . . _ .
Memorial Day (5/30/83), and July 4th. On these holdiays, Co my will reimburse Contractor
for services rendered to County, by Contractor's employees a County's request, at the
rate of one and one-Half times the employee's normal billing ate spec aragraph 1.,
above.
Initials:
-2- ctor Coun ept.
SPECIAL CONDITIONS n
Number ® 4 ,
1. Professional Liability Insurance. Paragraph 19.a. (Liability Insurance) on .
page 3 of the General Conditions is hereby deleted and replaced in its entirety with a
substitute provision to read as follows:
"a. Professional Liability Insurance. During the entire term of this
Contract and any extension or modification thereof, Contractor shall provide and keep
in effect a policy or policies of professional liability insurance with a minimum
coverage of $1,000,000. per incident and $3,000,000 per occurrence for all damages or
losses because of errors, omissions, or malpractice arising from the provision of pro-
fessional services under this Contract. Said policy or policies shall constitute pri-
mary insurance as to the County, and their officers, agents, and employees, so that
other insurance coverage held by the county shall not be required to contribute to any
loss covered under Contractor's insurance policy or policies. Upon the filing of any
claim for damages or losses arising from the provision of professional services under
this Contract, Contractor shall provide County with a copy of its professional liabi-
lity insurance policy or policies specified above."
2. Employee Security. Paragraph 19.b (Worker's Compensation) on page 3 of the
General Conditions is hereby deleted and replaced in its entirety with a substitute
provision to read as follows:
"Employee Security. The Contractor shall provide worker's compensation
coverage and unemployment compensation coverage for its employees."
3. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall
include in all documents or written reports completed and submitted to County,in
accordance with this Contract, a separate section setting forth the numbers and,dollar
amounts of all contracts and subcontracts relating to the preparation of each such
document or written report. This section shall apply only if the payment limit under
this Contract exceeds $5,000.
4. Access to Books and Records of Contractor, Subcontractor. Pursuant to
Section 1861 (v) (1) of the Social Security Act, and any regulations promulgated
thereunder, Contractor shall, upon written request and until the expiration of four
years after the furnishing of services pursuant to this Contract, make available to
the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records
of Contractor that are necessary to certify the nature and extent of all costs and
charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a
subcontract with a value or cost of $10,000 or more over a twelve-month period, such
subcontract shall contain a clause to the effect that upon written request and until
the expiration of four years after the furnishing of services pursuant to such.
subcontract, the subcontractor shall make available, to the Secretary or to the
Comptroller General, ,or any of their duly authorized representatives, the subcontract
and books, documents, and records of the subcontractor that are necessary to verify
the nature and extent of all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the
maintenance or retention of records under this Contract and is binding on the heirs,
successors, assigns and representatives of Contractor.
5. Discounts. The following sentence shall be added to Paragraph 2. (Payment
Demands) of the Payment Provisions:
"Provided that, the total amount to be paid by County will be decreased
(i.e., discounted) by two "percent if payment is made to Contractor by County within
10 days of County's receipt of Contractor's Demand Form D-15."
6. Termination of Existing Contract. The existing Contract 4126-109, effective
November 1, 1981, which was amended by Contract Amendment Agre ent 1126-109-1
effective April 1, 1982, and extended by Contract Extension Ag: ement 112ZDe
June 30, 1982 to September 30, 1982, is hereby terminated effe ive July
Initials:
Co ctor
31
Contra Costa County • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply
with all Federal, State and local laws and regulations applicable with
respect to its performance under this Contract, including but not limited
to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment .
2 . Inspection. Contractor ' s performance, place of business and
records pertaining to this Contract are subject to monitoring, inspection,
review and audit by authorized representatives of the County, the State
of California, and the United States Government.
3 . Records. Contractor shall keep and make available for inspection
and copying by authorized representatives of the County, the State of
California, and the United States Government, the Contractor ' s regular
business records and such additional records pertaining to this Contract
as may be required by the County.
4. Retention of Records. Contractor shall retain all documents per-
taining to this Contract for five years from the date of submission of
Contractor 's final payment demand or final Cost Report ; for any further
period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract ' s funding period.
Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United
States Government.
5 . Termination.
a. Written Notice. This Contract may be terminated by either
party, at their sole discretion, upon thirty-day advance written notice
thereof to the other, and may be cancelled immediately by written mutual
consent .
b. Failure to Perform. The County, upon written notice to
Contractor, may immediately terminate this Contract should the Contractor
fail to perform properly any of its obligations hereunder. In the event
of such termination, the County may proceed with the work in any reason-
able manner it chooses. The cost to the County of completing Contractor ' s
performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County 's rights otherwise to recover
its damages.
C. Cessation of Funding . Notwithstanding Paragraph 5.a. above,
in the event that Federal, State, or other non-County funding for this
Contract ceases, this Contract is terminated without notice.
6 . Entire Agreement. This Contract contains all the terms and con-
ditions agreed upon by the parties . Except as expressly provided herein,
no other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties
hereto .
7 . Further Specifications for Operating Procedures. Detailed speci-
fications of operating procedures and budgets required by this Contract,
including but not limited to, monitoring, auditing, billing , or regulatory
changes , may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to
the extent that they further detail or clarify that which is already re-
quired hereunder . Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the
Contractor as provided herein. Informal Agreements may be approved and
signed by the head of the County Department for which this Contract is
made or his designee.
(A-4616 REV 6/80) -1-
31
Contra Costa County • • Standard Form`
GENERAL CONDITIONS
(Purchase of Services)
8 . Modifications and Amendments .
a. General Amendments. This Contract may be modified or amended
by a written document executed by the Contractor and the Contra Costa County
Board of Supervisors or, after Board approval , by its designee, subject to
any required State or Federal approval.
b. Administrative Amendments . Subject to the Payment Limit,
the Payment Provisions and the Service Plan may be amended by a written
administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal
approval, provided that such administrative amendments may not materially
change the Payment Provisions or the Service Plan.
9 . Disputes. Disagreements between the County and Contractor con-
cerning the meaning, requirements, or performance of this Contract shall
be subject to final determination in writing by the head of the County
Department for which this Contract is made or his designee or in accordance
with the applicable procedures (if any) required by the State or Federal
Government .
10. Choice of Law and Jurisdiction .
a. This Contract is made in Contra Costa County and shall be,
governed and construed in accordance with the laws of the State .of
California.
b. Any action relating to this Contract shall be instituted and
prosecuted in the courts of Contra Costa County , State of California.
11 . Conformance with Federal and State Regulations. Should Federal or
State regulations touching upon the subject of this Contract be adopted or
revised during the term hereof , this Contract shall be amended to assure
conformance with such Federal or State requirements.
12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of these
General Conditions, inspections or approvals, or statements by any officer ,
agent or employee of the County indicating the Contractor ' s performance .or
any part thereof complies with the requirements- of this Contract, or
acceptance of the whole or any part of said performance , or payments there-
for, or any combination of these acts, shall not relieve the Contractor ' s
obligation to fulfill this Contract as prescribed ; nor shall the County be
thereby estopped from bringing any action for damages or enforcement arising
from any failure to comply with any of the terms and conditions of this
Contract .
13. Subcontract and Assignment. This Contract binds rhe heirs, suc-
cessors, assigns and representatives of Contractor. The Contractor shall
not enter into subcontracts for any work contemplated under this Contract
and shall not assign this Contract or monies due or to L6comc due, without
the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14 . Independent Contractor Status . This Contract is by and between
two independent contractors and is not intended to and shall not be con-
strued to create the relationship of agent, servant, employee, partnership,
joint venture or association.
(A-4616 REV 6/80) -2-
,Covkrra Costa County . • Standard Form
• GENERAL CONDITIONS
(Purchase of Services)
15 . Conflicts of • Interest. Contractor promises and attests that the
Contractor and any members of its governing body shall avoid any actual or
potential conflicts of. interest. If Contractor is a corporation, Contractor
agrees to furnish to the County upon demand a valid copy of its most recently
adopted bylaws and also a complete and accurate list of its governing body
(Board of Directors or Trustees) and to timely update- said bylaws or the list
of its governing body as changes in such governance occur .
16 . Confidentiality. Contractor agrees to comply and to require its
employees, agents and partners to comply with all applicable State- or Federal
statutes or regulations respecting confidentiality , including but not limited
to , the identity of persons served under this Contract , their records, or
services provided them, and assures that :
a . All applications and records concerning any individual made or
kept by Contractor or any public officer or agency in -connection with the
administration of or relating to services provided under this Contract will
be confidential , and will not be open to examination for any purpose not
directly connected with the administration of such service .
b. No person will publish or disclose or permit or cause to be
published or disclosed , any list of persons receiving services, except as
may be required in the administration of such service. Contractor agrees
to inform all employees, agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing; such information
other than as authorized by law may be guilty of a misdemeanor .
17 . Nondiscriminatory Services. Contractor agrees that all goods and
services under this Contract shall be available to all qualified persons
regardless of age, sex, race, religion, color, national origin, or ethnic
background, or handicap , and that none shall be used , in whole orin part,
for religious worship or instruction.
18. Indemnification. The Contractor shall defend , save harmless and
indemnify the County and its officers, agents and employees from all lia-
bilities and claims for damages for death, sickness or injury to persons or
property, including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder , resulting from the conduct , negligent or
otherwise, of the Contractor, its agents or employees.
19 . Insurance. During the entire term of this Contract and any
extension or modification thereof, the Contractor shall keep in effect
insurance policies meeting the following insurance requirements unless
otherwise expressed in Special Conditions :
a. Liability Insurance . The Contractor shall provide compre-
hensive liability insurance, including coverage for owned and non-owned
automobiles , with a minimum combined single limit coverage of $500, 000
for all damges, including consequential damages, due to bodily injury,
sickness -or disease, or death to any person or damage to or destruction
of property, including the loss of use thereof , arising from each
occurrence. Such insurance shall be endorsed to include the County and
its officers and employees as additional named insureds as to- all ser-
vices performed by Contractor under this agreement.
b. Workers ' Compensation. The Contractor shall provide workers '
compensation insurance coverage for its employees.
(A-4616 REV 6/80) -3-
�1
Contra Costa County • • Standard Form
GENERAL CONDITIONS-
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate(s) of insurance evidencing liability and workers '
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ies)
or acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a). current certificate(s) of
insurance.
d. Additional Insurance Provisions. The insurance policies pro-
vided by the Contractor shall include a provision for thirty (30) days
written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, and their officers, agents,
and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered
under -the Contractor ' s insurance policy or policies.
20. Notices . All notices provided for by this Contract shall be in
writing and may be delivered by deposit in the United States mail , postage
prepaid. Notices to the County shall be addressed to the head of the County
Department for which this Contract is made. Notices to the Contractor shall
be addressed to the Contractor ' s address designated herein. The effective
date of notice to the Contractor shall be the date of deposit in the mails
or of other delivery. The effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this
Contract is made.
21 . Primacy of General Conditions . Except for Special Conditions
which expressly supersede General Conditions , the Special Conditions (if
any) and Service Plan do not limit any term of the General Conditions.
. 22 . Nonrenewal . Contractor understands and agrees that there is no
representation,. implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new con-
tract following expiration or termination of this Contract, and waives all
rights or claims to notice or hearing respecting any failure to continue
purchase of all or any such services from Contractor .
23. Possessory Interest. If this Contract results in the Contractor
having possession of, claim to or .right to the possession of land or improve-
ments, but does not vest ownership of the land or improvements in the same
person, or if this Contract results in the placement of taxable improvements
on tax exempt land (Revenue & Taxation Code 9107 ) , such interest or improve-
ments may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes . levied on such
interest . Contractor agrees that this provision. complies with the notice
requirements of Revenue & Taxation Code §107 . 6 , and waives all rights to
further notice or to damages under that or any comparable statute.
(A-4616 REV 6/80) -4-
h.
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENTCon-F. I.3�
�SGSaa County
2 0
1982
CoL'nty At Off, of
To: M. G. Wingett, County Administrator Date: July 20, 1982 m1n'StrAtor
Attention: C. L. Van Marter
From: Arnold S. Leff, M.D., rector Subject: CONTRACT 1126-109-3
By: Eugene J. Mo
Contracts Grant A inistrator
Attached for presen anion o the Board of Supervisors is the following
contract for the De rt ent's Medical Care Division:
Number: 26-1 -3
Contractor: Bay Nurses, Inc.
Term:- 1982 through June 30, 1983
Payment Limit: $150,000
Funding: Enterprise Fund
Service: Temporary licensed nursing personnel to assist County Hospital
and Clinics during peak loads, temporary absences and emergency
situations .
This contract has been approved as to legal form by County Counsel's Office.
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, July 27, 1982.
EJM: ta
Attachments
cc: Walter Carr, M.D.
Lew Pascalli i � � ,
Carolyn Fernandez
Maxine Wright 9 ver)
Clerk of the Board !(
OA,.D pf
Deputy
A-41 3/81
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
JUN 2 91982
Adopted this Order on by the following vote:
AYES: "W@r#*'Ff*d0As ft-L at-%r, Weak, TOHSRion
NOES:
ABSENT:
ABSTAIN:
Approval of Contract Extension Agreement #26-109-2
SUBJECT: with Bay Nurses, Inc.
The Board on December 22, 1981, having approved Contract 4f26-109 with
Bay Nurses, Inc. for temporary licensed nursing personnel to assist County Hospital
and clinics during peak loads, temporary absences and emergency situations, and
The Board having considered the recommendations of the Director, Health
Services Department, regarding extending said Contract, IT IS BY THE BOARD ORDERED
that said contract extension is hereby APPROVED and the Chair is AUTHORIZED to
execute the contract extension agreement as follows:
Number: 26-109-2
Contractor: Bay Nurses, Inc.
Term: extended from June 30, 1982 to September 30, 1982
Payment Limit: increased by $17,500
Hereby certify that this Is a true and correct copyof
an action taken and entered-on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: JUN 2 91982
ei.R. OLSSON, COUNTY CLERK
andel ex officio Clerk of the Board
Deputy
�. Mattha�ig
i
Orig. Dept.: Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
EJM:to -2 `
I
Contra, Costa County • • Standard Form I ��
' «
CONTRACT EXTENSION AGREEMENT �
1. Contract Identification. Number 2 ' "j l- 09 - 2
Department: Health Services (Medical Care Division)
Subject: Temporary Help Firm - Nursing Registry
Effective Date of Contract: November 1, 1981
2 . Parties. The County of Contra Costa, California (County) for its
Department named above, and the following named Contractor mutually agree
and promise as follows :
Contractor: BAY NURSES, INC.
Capacity : ' _California Corporation
Address : 400 30th Street, Suite 302, Oakland, California 94609
3. Extension of Term. The term of the above described contract between
the parties hereto is hereby extended from June 30, 1982 to
September 30, 1982 , unless sooner terminated as provided in said
contract.
4 . Payment Limit. As to the extended term of the contract, the maximum
amount payable by the County is increased by the following amount $ 17,500
5 . Other Provisions . As to the term during which the above described
contract is extended, the parties mutually agree to those Special Provisions
(if any) attached hereto, which are incorporated herein by reference.
6 . Signatures. These signatures attest the parties ' agreement hereto.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTO
By By
Designee, Board of Supervisors I Hi
(Designate official capacity)
Attest: J.R. OLSSON, County Clerk
���� State of California ;
By - ss .
Deputy County of Contra Costa )
Recommended by Department ACKNOWLEDGEMENT (CC 1190.1) 12
The person signing above for. Contractor ,
known to me in those individual and
D ignee business capacities, personally appeared
before me today and acknowledged that
F m pro ed: he/ they signed it and that the corpor-
ation or partnership named above
By executed this instrument pursuant to
its bylaws or a resolution of its
board of directors.
JUN 2 3 1982
Dated :
�Ietary-Pnb-7 Deputy County Clerk
(6-4-80)
SPECIAL PROVISIONS
Number 26-109-2
In consideration of Contractor's agreement to provide services for an addi-
tional three months under the contract identified herein, as amended, County
agrees to increase the compensation rate for holidays as set forth below and to
increase the Contract Payment Limit. County and Contractor, therefore, agree
to amend said contract as specified below, while all other parts of said
contract remain unchanged and in full force and effect.
1. Payment Limit. The payment limit specified in paragraph 4. (Payment
Limit) is hereby increased by an additional $17,500 to a new payment limit of
$87,500.
2. Holiday Compensation. A new paragraph 9. which reads as shown below
is hereby added to the Service Plan:
"9. Holiday Compensation. County and Contractor each recognize the
following holidays: July 4th (July 4, 1982) and Labor Day (September 6, 1982) .
On these holidays, County will reimburse Contractor for services rendered to
County, by Contractor's employees at County's request, at the rate of one and
one-half times the employee's normal billing rate spec fied in paragraph 1.,
above."
Initials:
Cactor County Dept.
I
I
1
� I
CONTRA COSTA COUNTY .3
HEALTH SERVICES DEPARTMETOn ria Costa CoLnty
F EC3EIVED
JUN 2 3 1982
p��t Office of
'L9t3'L
To: M. 0. Wingett, County Administrator Date: June 22, ty Administrator
Attention: C. L. Van Marter
From: Arnold S. Leff, M.D., Director Subject: CONTRACT EXTENSION 126-109-2
By: Eugene J. Morel
Contracts & G is Admin s rator
Attached for pr ntat n o the Board of Supervisors is the following contract
extension agreement f r he Department's Medical Care Division:
Number: 26-109-2
Contractor: Bay Nurses, Inc.
Term: extended from June 30, 1982 to September 30, 1982
Payment Limit: increased by $17,500
Funding: Enterprise Fund
Service: Provision of temporary licensed nursing personnel to assist
County Hospital and clinics during peak loads, temporary
absences and emergency situations
This contract has been approved as to legal form by County Counsel's Office.
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, June 29, 1982.
EJM:ta
Attachments
cc: Clerk of the Board
Maxine Wright
Lew Pascalli _
Carolyn Fernandez
R �IVE
J.R. OLSSON
CLE
BOARD OF ,UPERVI`-:;RS
i
I
i
A-41 3/81
Coj a Costa County . Standard Form
CONTRACT AMENDMENT AGREEMENT {�
Number 26 1 ® .o ..
1. Identification of Contract to be Amended.
Number : 26-109
Department : Health Services (Medical Care Division)
Subject : Temporary help firm - nursing registry
Effective Date of Contract : November 1, 1981
2 . Parties . The County of Contra Costa, California (County) for its
Department named above, and the following named Contractor mutually agree
and promise as follows :
Contractor : Bay Nurses, Inc.
I
Capacity: California corporation
Address : 400 30th Street, Suite 302, Oakland, California 94609
3 . Amendment Date . The effective date of this Contract Amendment
Agreement is April 1, 1982
4 . Amendment Specifications . The Contract identified above is hereby
amended as set forth in the "Amendment Specifications" attached hereto
which are incorporated herein by reference.
5. Signatures . These signatures attest the parties ' agreement hereto .
w
COUNTY OF CONTRA COSTA CALIFORNIA CONTRACT
By By
Chairman, Board of Supervis rs
(Desi ate of ficial .capacity)
J.R. Olsson, Co
State of California )
By ) as .
Deputy County of Contra Costa )
ACKNOWLEDGEMENT (CC 1190. 1)
Reco mende =De
en The person signing above for Contracto:
known to me in those individual and
By _ business capacities, personally
signee appeared before me today and acknow-
ledged that he/they signed it and that
F rm Approved : County Counsel the corporation or partnership named
above executed this instrument pursuan
By to its bylaws or a resolution of its
Deputy board of directors.
ted : April 8, 1982
otary Public/ gYyy7pq�X� �pq<)R
Jani
(6-4-80) ce M. Jones
OFFICIAL:CALIFORPNIIA
L
..Y•kN9,1'RA
JANICE M. S
NOTARY PUBLIC -
ALAMEDA C
My cornm. expire , 1W
7700 Edgewater Dr., #,-4729,Oakland,CA 94621
J
AMENDMENT SPECIFICATIONS
Number 26 10c) . 1
In consideration of Contractor's agreement to comply with the requirements of State
Regulations (Title 8 California Administrative Code §11345) and Industrial Welfare
Commission Order No. 8-40 which impose a higher overtime,stand.ard than recognized
by the contract identified herein, as amended, County agrees to increase its
payments of compensation to the Contractor. Contractor and County therefore agree
to amend said contract as specified below while all other parts of said contract
remain unchanged and in full force and effect:
1. Payment Amounts. Paragraph l.d. (Payment Amounts) of the payment provi-
sions, is hereby amended to read as follows:
"d. The applicable fee per hour, expressed as the hourly bill rate in
Paragraph 1. of the Service Plan. In addition, ,County will pay for
time worked by.an employee, at County's request, more than eight hours
in any workday, ,or more than forty hours in any workweek, at the rates
specified in paragraph 8. of the Service Plan.
2. Overtime Compensation. A new paragraph 8., which reads as shown below, is
hereby added to the Service Plan:
"8. Overtime Compensation. So that Contractor might meet its legal
requirements as set forth in Order 4-80, Title 8 of the California
Administrative Code §11345, Contractor shall pay its employees and may
bill County overtime premiums as set forth below where the following
conditions exist:
Where an employee of Contractor shall, at County's request, be employed
more than eight hours in any workday or more than forty hours in any work-
week, Contractor shall pay the employee and may bill County one and one-
half times such employee's regular pay and billing rate for all hours ,
worked over forty hours in the workweek. Employment beyond eight hours in
any workday is permissable provided the employee is compensated and County
is billed for such overtime at not less than:
(1) One and one-half times the employee's regular billing or pay rate for
all hours worked in excess of eight hours up to and including twelve
hours in any workday, and for the first eight hours worked on the
seventh day of work; and
(2) Double the employee's regular billing or pay rate: for all hours worked
in excess of twelve hours in any workday and for all hours worked in
excess of eight hours on the seventh day of work in any workweek.
(3) In all instances when a nurse is requested to work a double shift, pay
and billing for the second shift shall be based upon the normal hourly
rate for the second shift in determining the p mium rate."
Initials: e
o actor Coun ept.
l"
3 � `
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 30 , 1982 _ by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak.
NOES:
ABSENT:
ABSTAIN:
SUBJECT: Approval for two contract amendment agreements to contracts with
nursing registries.
The Board on December 22, 1981, having approved Contracts #26-109 (with
Bay Nurses, Inc.) and 4267110 (with Medical Personnel Pool of Contra Costa, Inc.),
for temporary licensed nursing personnel to assist County Hospital and clinics
during peak loads, temporary absences, and emergency situations, and
The Board having .considered the recommendations of the Director, Health
Services Department, regarding approval and execution of agreements amending said
contracts to increase County's payments of compensation to said contractors, IT IS
BY THE BOARD ORDERED that these amendment agreements are hereby APPROVED and that
the Director, Health Services Department, or his designee (Assistant Director,
Health Services Department - Medical Care) is AUTHORIZED to execute, on behalf of
the County, contract amendment agreements, as follows:
Number Contractor
26-109-1 Bay Nurses, Inc.
26-110-1 Medical Personnel Pool of
Contra Costa County, Inc.
Payment Limit: no change
Term: no change
I hereby certify that this Is a true and correct copyo/
an action taken and enterrid on the minutas of the
Board of SvpervlsorS or, the date shown.
ATTESTED: MAR t. 19R2
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
Deputy
By C. Matthews
Orig. Dept.: Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
EJM:ta I
I
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT Contra Costa County
>A RECEIVED
[AAR 2 4 1982
Office of
To: M. G. Wingett, County Administrator Date: March 18, 1982 County Administrator
Attention: C. L. Van Marter
From: Arnold S. Leff, M.D., Director Subject: EXECUTION OF TWO
By: Eugene J. Morel NURSING CONTRACTS
Contracts & Gran7 Admin rator
Attached for presentation the Board of Supervisors is a proposed Board Order
authorizing execution o he following contract amendment agreements, to
contract for temporary icensed nursing personnel to assist County Hospital and
clinics during peak loads, temporary absences, and emergency situations:
Number Contractor Payment Limit
26-109-1 Bay Nurses, Inc. no change
26-110-1 Medical Personnel Pool of no change.
Contra Costa County, Inc.
Term: No change in term of original contracts
Funding: Enterprise Fund
The Board approved contracts with the above contractors on December 22, 1981.
In the meantime, we have learned that State Regulations (8 Cal. Adm. Code 11345)
and Industrial Welfare Commission Order No. 4-80 impose a higher overtime stan-
dard than recognized by the contracts, and that, as a result of these standards,
Contractors are unable to meet their commitments to County. The proposed amend-
ments will correct this situation and assure that temporary licensed nursing
personnel are provided to County Hospital and clinics when needed.
These documents have been approved as to legal form by County Counsel's office.
In order to expedite the completion of these contract documents and authorize
necessary payment to the contractors at the earliest possible date, it is recom-
mended that the Director, or his designee (assistant Director, Health Services
Department - Medical Care), be authorized to execute the standard form contract
amendment agreements as soon as they are signed by each contractor. Attached
are copies of these documents.
It is recommended, therefore, that the proposed Board Order be approved.and sub-
mitted to the Board of Supervisors at their next meeting on Tuesday, March 30, 1982.
EJM:ta
Attachments
cc: Clerk of the Board p r
Lew Pascalli R EE E7 v E D
Shirley. Schremp r G')
Pat.Taff G ' MA.� 1982
C J.R. OLSSON
CL K 130AR0 OF SUP VISORS
�y�
AXi
._ure:.•, ,mom U� .
A-41 3/81
/&
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
i
Adopted this Order on December 22 , 1981 _ by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approval of Contract #26-109 with Bay Nurses, Inc.
The Board on October 27, 1981, having authorized negotiations with Bay
Nurses, Inc. for temporary licensed nursing personnel to assist County Hospital and
Clinics during peak loads, temporary absences and emergency situations, and
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval of the resulting Contract #26-109 with said
Contractor for said services, IT IS BY THE BOARD ORDERED that said contract is
hereby APPROVED and the Board Chairman is AUTHORIZED to execute the contract as
follows:
Number: 26-109
Contractor: Bay Nurses, Inc.
Term: November 1, 1981 through June 30, 1982
Payment Limit: $70,000
1 hereby Certify that this/s a trueand correctcopyof
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: D _1 2 21981
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
By , Deput)r
Orig. Dept.: : Health Services Dept. /CGU
cc: County Administrator
Auditor-Controller
Contractor
EJM:ta
� 1
Ar • CONTRA COSTA COUNTY �� -9
HEALTH SERVICES DEPARTMENT
CO)Itra Costa Coui-rty
RECEIVED
To: M. G. Wingett, County AdministratorG F 0 15 1981
Attention: C. L. Van Marter Date: DEC 1 5 1981
Office of
COU,-+ty Administrator
From: Arnold S. Leff, M. D. , Director Subject: CONTRACT #26-109
By: Eugene J. More
Contracts 6rants Administrator
%Attached for presentation to the Board of Supervisors is the following contract
for the Department's Medical Care Division:
Number: 26-109
Contractor: Bay Nurses, Inc.
Term: November 1 , 1981 through June 30, 1982
Payment Limit: $70,000
Funding: County
Service: Temporary licensed nursing personnel to assist County Hospital
and Clinics during peak loads, temporary absences and emergency
situations.
Negotiations for this contract were approved by the Board on October 27, 1981
(Board Order attached).
This contract has been approved as to legal form by County Counsel' s Office.
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, DEC 2 2 1981
E JM: t a
Attachments
cc : Clerk of the Board
Lew Pascalli
r
Pat Taff
Shirley Schremp .._ �,; .•• :yS: ; }J
I
A-41 �/�1
Contra Costa County Standard Form
n
• STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number
26 - 109
Department : Health Services (Medical Care Division)
Subject : Temporary help firm - nursing registry
1
2. Parties . The County of Contra Costa, California (County) , for its
Department named above, and the following named Contractor mutually agree and
promise as follows :
Contractor : BAY NURSES, INC.
Capacity : California corporation
Address : , 8e++fornive 94644
400- ion=' C4�L%(: R4460*1 '
3 . Term. The effective date of this Contract is November 1, 1981 and it
terminates June 30, 1982 unless sooner terminated as provided herein.
4 . Payment Limit. County' s total payments to Contractor under this Contract
shall not exceed $ 70,000 ,
5 . County' s Obligations . County shall make to the Contractor those payments
described in the Payment Provisions attached hereto which are incorporated
herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6 . Contractor ' s Obligations . Contractor shall provide those services and
carry out that work described in the Service Plan attached hereto which is
incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7 . General and Special Conditions . This Contract is subject to the General
Conditions and Special Conditions (if any) attached hereto, which are incorpo-
rated herein by reference. i
8 . Project . This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference:
NOT APPLICABLE
9 . Legal Authority. This Contract is entered into under and subject to the
following legal authorities: California Government Code 31000.4
10. Si nat -e,s . These signatures attest the part es ' agreement hereto :
1
COUNT 0 ONT OS A/ ALIFORNIA CONTRACTOR
B' By
Desigftde, Board of Supervisors
(Designatte official capacity)
Attest : J.R. Olsson, ,County Clerk
State of California )
By ) ss.
uty County of Contra Costa )
Re olhtmended by epa tent ACKNOWLEDGEMENT (CC 1190. 1)
The person signing above for Contractor,
By ( known to me in those individual and
De i'gnee,, business capacities , personally appeared
before me today and acknowledge that he/
Form Appr ved: they signed it and that the corporation
executed this instrument pursuant to its
By bylaws or a resolution of its board of
directors.
Janirp M lOt]0S
Notaryublic/Deput County Clerk
December ll, 191 _
(6-5-80) I Dated: OFFICIAL 2RAL'
e P JANICE M. JONES
NOTARY PUBLIC - CALIFORNIA
ALAMEDA COUNTY
" •�a My comm. expires JUN 8, 1982
},ontra Costa County • • Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
26 - 1 09
Number "
i
1. Payment Amounts. Subject to the Payment Limit: of this Contract
and subject to the following Payment Provisions, County will pay Contractor
the following fee :
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the: Service Plan, or
[ ] c. $ , after completion of all obligations and
conditions herein and as full compensation for all services,
work, and expenses provided or incurred by Contractor hereunder .
[X] d. The applicable fee per hour, expressed as the hourly bill rate in paragraph 1.
of the Service Plan; provided that County will pay for each hour of time
worked by an employee, at County's request, past a regular eight hour shift
as follows: time and a half for the first four hours past the eight hour
shift, and double time for the next four hours past the eight hour shift.
2. Payment Demands . Contractor shall submit written demands. Said
demands shall be made on County Demand Form D15 and in the manner and form
prescribed by County. Contractor shall submit said demands for payment
for services rendered no later than 90 days from the end of the month in
which said services are actually rendered . Upon approval of said payment
demands by the head of the County Department for which this Contract is
made, or his designee, County will make payments as specified in Paragraph
. 1 . (Payment Amounts) above.
3 . Right to Withhold . County has the right to withhold payment to
the Contractor when, in the opinion of the , County expressed in writing to
the Contractor , (a) the Contractor ' s performance, in whole or in part ,
either has not been carried out or is insufficiently documented , (b) the
Contractor has neglected, failed or refused to furnish information or to
cooperate with any inspection, review or audit of its program, work or
records, or (c) Contractor has failed to sufficiently itemize or document
its demand (s) for payment..
4 . Audit Exceptions . Contractor agrees to accept. responsibility for
receiving , replying to, and/or complying with any audit exceptions by
appropriate County, State or Federal audit agencies occurring as a result
of its performance of this Contract. Contractor also agrees to pay to the
County within 30 days of demand by County the full amount of the County ' s
liability, if .any, to the State and/or Federal government resulting from
any audit exceptions , to the extent such are attributable to the Contractor ' s
failure to perform properly any of its obliga ions under this Contract .
Initials :
Cont actor County Dept.
(6-4-80)
31
SERVICE PLAN
26 = 109
Number
1. Scope. Upon request received by Contractor from County's Health Service
Director, or his designee (Director of Nursing, or an Assistant Director of Nursing) , and
subject to the payment limit of this Contract, Contractor shall provide its employees,
in the below listed job classifications and at the specified hourly billing rates, to do
temporary work for County for specified peak loads, temporary absences, or emergency
situations. Personnel providing services under this contract are not County employees.
JOB CLASSIFICATION SHIFT HOURLY BILLING RATE
a. Licensed Vocational Nurse 7 a.m to 3 p.m. $12.8125
b. Licensed Vocational Nurse 3 p.m. to 11 p.m. 13.5625
c. Licensed Vocational Nurse 11 p.m to 7 a.m. 13.5625
d. Registered Nurse 7 a.m. to 3 p.m. 19.8750
e. Registered Nurse 3 p.m. to 11 p.m. 21.2500
f. Registered Nurse 11 p.m. to 7 a.m. 22.2500
2. Service Unit Definition. A unit of service, for payment purposes in accordance
with Paragraph l.d. of the Payment provisions, shall be defined as the provision of the
above described services by one of Contractor's employees in one of the classes listed
in paragraph 1. above directly (i.e. , in person) in a County Health Service Department
facility, for one full hour (to be known as an "hour of temporary work"); portions of an
hour of temporary work spent by each paid Contractor's employee in providing services
shall not be reported, except as the cumulative totals equal one full hour. Time spent
in travel and other such activities involving no service shall not be included.
3. Replacement. In the event of unsatisfactory performance as judged by the
nursing supervisor or charge nurse to which the employee is assigned, County may request
replacement of an employee within the first four hours of work without charge. After the
first four hours, replacement may be requested at any time with charge being made for
hours worked. County agrees to accept a minimum of four hours of services per assigned
Contractor employee reporting for work, except as above.
4. Notification of Work Order. Contractor will be notified of a work order for
temporary help by one of the individuals specified in paragraph 1. above. After the ini-
tial job order is received, the Contractor will contact the supervisor who is to oversee
the Contractor's employee in order to ascertain exact duties and responsibilities of the
job involved.
5. Time Cards. Time cards shall be supplied by Contractor, and approved by the
department's duly authorized representative (Director of Nursing or Assistant Director of
Nursing, or Nursing Supervisor or Charge Nurse to whom employee has been assigned.)
6. Eligibility for Hire. Any employee provided by the Contractor to County under
the terms of this contract will be eligible for County hire, without liability for any
fee or any other obligation, after (i) first giving notice to Contractor of his/her
intent to accept County's employment offer, and (ii) subsequently working a minimum of 10
eight hour shifts, or a total of 80 hours, as Contractor's employee in a County Health
Service Department facility. The employee or Contractor shall be free to enter into open
and competitive examinations for County positions, however, will receive no
special consideration for time spent as a temporary worker.
7. Limitation of Service. Contractor shall provide employees to work for no more
than 90 days with respect to any single peak load, temporary absence, or emergency
situation.
i Initials:
"ctorCo .
J I
SPECIAL CONDITIONS 2
Number " 6 — I o 9
1. Professional Liability Insurance. Paragraph 19.a. (Liability Insurance) on
page 3 of the General Conditions is hereby deleted and replaced in its entirety with a
substitute provision to read as follows:
"a. .Professional Liability Insurance. . During the entire term of this
Contract and, any extension or modification thereof, Contractor shall provide and keep
in effect a policy-or policies o£ .professional liability insurance with a minimum
coverage ,of. $1,000,000. -per incident and $3,000,000 per occurrence for. all .damages .or
lossesbecause of_errors, omissions, or malpractice arising from the provision of pro-
fessional services under this Contract. Said policy or policies shall constitute pri-
mary insurance as to the County, and their officers, agents, and employees, so that
other insurance coverage held by the county shall not be required to contribute to any
loss covered under,Contractor's insurance policy or policies. Upon the filing of .any
claim for damages ,or .losses arising from the provision.of professional services under
this Contract, Contractor shall provide County with a copy of its professional liabi-
lity insurance policy or policies specified above."
-2. Employee Security. Paragraph 19.b (Worker's Compensation) on page 3 of , the
General Conditions is hereby deleted and replaced in its entirety with a substitute
provision to read as follows:
"Employee Security. The .Contractor shall provide worker's compensation
coverage and unemployment compensation coverage for its employees."
3. Reporting Requirements. Pursuant to,Government Code §7550, Contractor shall
Include in all documents or written reports completed and submitted to County- in
accordance with, this Contract, a separate section setting forth the numbers and dollar
amounts of all contracts and subcontracts relating to the preparation of each such
document or written report. This section shall apply only if the payment limit under
this Contract exceeds $5,000.
_
4. Access to Books and Records of Contractor, Subcontractor. Pursuant to
Section 1861 (v) (1) of the Social Security Act, and ,any regulations promulgated
thereunder, Contractor shall, upon written request and until the expiration of four
years after the furnishing of services pursuant to this Contract, make available to
the Secretary of_Health.and Human Services or to the Comptroller General, .or. any_of
their duly authorized representatives, this Contract-and books, documents, - and records
Of Contractor that are necessary to certify the nature and extent of all costs and
charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a
subcontract with a value or cost of $10,000 or more over a twelve-month period, such
subcontract shall contain a clause to the effect that_upon_written request and until
the expiration of four years after the furnishing of services pursuant_to such.
subcontract, the subcontractor shall make available, to the Secretary onto_ the
Comptroller General, or any.of. their duly_authorized.representatives, _ the subcontract
and books, documents, and records,of . the subcontractor that are necessary to verify
the nature and extent of all costs and charges hereunder.
This special condition is in addition to. any and all -other terms regarding the
maintenance or retention of records under this Contract and is binding on the heirs,
successors, assigns and representatives of Contractor.
Initials:
C*rqactor County Dept.
Contra Costa County Standard Form
GENERAL CONDITIONS
i
(Purchase of Services)
i
8 . Modifications and Amendments .
a. General Amendments. This Contract may be modified or amended
by a written document executed by the Contractor and the Contra Costa County
Board of Supervisors or, after Board approval , by its designee, subject to
any required State or Federal approval.
b. Administrative Amendments . Subject to the Payment Limit,
the Payment Provisions and the Service Plan may be amended by a written
administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal
approval, provided that such administrative amendments may not materially
change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor con-
cerning the meaning, requirements , or performance of this Contract shall
be subject to final determination in writing by the head of the County
Department for which this Contract is made or his designee or in accordance
with the applicable procedures (if any) required by the State or Federal
Government .
10. Choice of Law and Jurisdiction.
a. This Contract is made in Contra Costa County and shall be
governed and construed in accordance with the laws of the State of
California.
b. Any action relating to this Contract shall be instituted and
prosecuted in the courts of Contra Costa County , State of California.
11 . Conformance with Federal and State Regulations . Should Federal or
State regulations touching upon the subject of this Contract be adopted or
revised during the term hereof , this Contract shall be amended to assure
conformance with such Federal or State requirements.
12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of these
General Conditions, inspections or approvals, or statements by any officer ,
agent or employee of the County indicating the Contractor ' s performance or
any part thereof complies with the requirements of this Contract, or
acceptance of the whole or any part of said performance , or payments there-
for, or any combination of these acts, shall not relieve the Contractor' s
obligation to fulfill this Contract as prescribed ; nor shall the County be
thereby estopped from bringing any action for damages or enforcement arising
from any failure to comply with any of the terms and conditions of this
Contract .'
13 . Subcontract and Assignment. This Contract binds the heirs, suc-
cessors, assigns and representatives of Contractor. The Contractor shall
not enter into subcontracts for any work contemplated under this Contract
and shall not assign this Contract or monies due or to become due, without
the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14 . Independent Contractor Status. This Contract is by and between
two independent contractors and is not intended to . and shall not be con-
strued -to create the relationship of agent, servant, employee, partnership ,
joint venture or association.
(A-4616 REV 6/80) -2-
YContra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply
with all Federal, State and local laws and regulations applicable with
respect to its performance under this Contract, including but not limited
to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment.
2 . Inspection. Contractor ' s performance, place of business and
records pertaining to this Contract are subject to monitoring, inspection, +
review and audit by authorized representatives of the County, the State
of California, and the United States Government.
3 . Records. Contractor shall keep and make available for inspection
and copying by authorized representatives of the County, the State of
California, and the United States Government, the Contractor 's regular
business records and such additional records pertaining to this Contract
as may be .required by the County.
4. Retention of Records. Contractor shall retain all documents per-
tainiag to this Contract for five years from the date of submission of
Contractor 's final payment demand or final Cost Report; for any further
period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract ' s funding period.
Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United
States Government.
5 . Termination.
a. Written Notice. This Contract may be terminated by either
party, at their sole discretion, upon thirty-day advance written notice
thereof to the other, and may be cancelled immediately by written mutual
consent.
b. Failure to Perform. The County, upon written notice to
Contractor , may immediately terminate this Contract should the Contractor
fail to perform properly any of its obligations hereunder. In the event
of such termination, the County may proceed with the work in any reason-
able manner it chooses. The cost to the County of completing Contractor ' s
performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County 's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5 .a. above,
in the event that Federal, State, or other non-County, funding for this
Contract ceases, this Contract is terminated without notice.
.6. Entire Agreement. This Contract contains all the terms and con-
ditions agreed upon by the parties. Except as expressly provided herein,
no other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties
hereto .
7 . Further Specifications for Operating Procedures. Detailed speci-
fications of operating procedures and budgets required by this Contract,
including but not limited to, monitoring, auditing, billing , or regulatory
changes , may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to
the extent that they further detail or clarify that which is already re-
quired hereunder . Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the
Contractor as provided herein. Informal Agreements may be approved and
signed by the head of the County Department for which this Contract is
made or his designee.
(A-4616 REV 6/80) -1-
I
I �
\ I
Contra Costa County Standard Form
GENERAL CONDITIONS.
i
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate (s) of insurance evidencing liability and workers '
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ies)
or acquire either a new insurance policy (ies) or amend. the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
d. Additional Insurance Provisions. The insurance policies pro-
vided by the Contractor shall include a provision for thirty (30) days
written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, and their officers, agents,
and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered
under .the Contractor ' s insurance policy or policies.
20. Notices . All notices provided for by this Contract shall be in
writing and may be delivered by deposit in the United States mail , postage
prepaid. Notices to the County shall be addressed to the head of the County
Department for which this Contract is made. Notices to the Contractor shall
be addressed to the Contractor ' s address designated herein. The effective
date of notice to the Contractor shall be the date of deposit in the mails
or of other delivery. The effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this
Contract is made.
21 . Primacy of General Conditions . Except for Special Conditions
which expressly supersede General Conditions, the Special Conditions (if
any) and Service Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no
representation,. implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new con-
tract following expiration or termination of this Contract, and waives all
rights or claims to notice or hearing respecting any failure to continue
purchase of all or any such services from Contractor .
23. Possessory Interest. If this Contract results in the Contractor
having possession of, claim to or right to the possession of land or improve-
ments, but does not vest ownership of the land or improvements in the same
person, or if this Contract results in the placement of taxable improvements
on tax exempt land (Revenue & Taxation Code §107) , such interest or improve-
ments may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property t.axes . levied on such
interest. Contractor agrees that this provision. complies with the notice
requirements of Revenue & Taxation Code §107 . 6, and waives all rights to
further notice or to damages under that or any comparable statute.
(A-4616 REV 6/80) 1 -4-
" cori•tra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
15 . Conflicts of Interest . Contractor promises and attests that the
Contractor and any members of its governing body shall avoid any actual or
potential conflicts of. interest. If Contractor is a corporation, Contractor
agrees to furnish to the County upon demand a valid copy of its most recently
adopted bylaws and also a complete and accurate list of its governing body
(Board of Directors or Trustees) and to timely update said bylaws or the list
of its governing body as changes in such governance occur .
16. Confidentiality. Contractor agrees to comply and to require its
employees, agents and partners to comply with all applicable State- or Federal
statutes or regulations respecting confidentiality , including but not limited
to , the identity of persons served under this Contract, their records, or
services provided them, and assures that :
a . All applications and records concerning any individual made or
kept by Contractor or any public officer or agency in-connection with the
administration of or relating to services provided under this Contract will
be confidential , and will not be open to examination for any purpose not
directly connected with the administration of such service .
b. No person will publish or disclose or permit or cause to be
published or disclosed , any list of persons receiving services, except as
may be required in the administration of such service. Contractor agrees
to inform all employees,- agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information
other than as authorized by law may be guilty of a misdemeanor .
17 . Nondiscriminatory Services . Contractor agrees that all goods and
services under this Contract shall be available to all qualified persons
regardless of age, sex, race, religion, color, national ,origin, or ethnic
background , or handicap , and that none shall be used , in whole or in part,
for religious worship or instruction.
18 . Indemnification . The Contractor shall defend , save harmless and
indemnify the County and its- officers, agents and employees from all lia-
bilities and claims for damages for death, sickness or injury to persons or
property, including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder , resulting from the conduct , negligent or
otherwise, of the Contractor, its agents or employees.
19 . Insurance. During the entire term of this Contract and any
extension or modification thereof , the Contractor shall keep in effect
insurance policies meeting the following insurance requirements unless
otherwise expressed in Special Conditions :
a. Liability Insurance. The Contractor shall provide compre-
hensive liability insurance, including coverage for owned and non-owned
automobiles , with a minimum combined single limit coverage of $500, 000
for all damges , including consequential damages, due to bodily injury,
sickness -or disease, or death to any person or damage to or destruction
of property, including the loss of use thereof , arising from each
occurrence. Such insurance shall be endorsed to include the County and
its- officers and employees as additional named insureds as to- all ser-
vices performed by Contractor under this agreement.
b. Workers ' Compensation. The Contractor shall provide wotkers'
compensation .insurance coverage for its employees.
(A-4616 REV 6/80) -3-