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HomeMy WebLinkAboutMINUTES - 07252000 - C67-C69 To: BOARD OF SUPERVISORS w William Walker, Health Services Director FROM: By: Ginger Marieiro, Contracts Administrator 7-y/` Contra Costa DATE: July 13, 2000 County SUBJECT: Approval of Contract Amendment Agreement #26-164-2 with Agostini & Associates SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION W : Approve and authorize the Health Services Director, or his designee (Frank Puglisi, Jr. ) , to execute on behalf of the County, Contract Amendment Agreement #26-164-2 with Agostini & Associates, to amend Contract #26-164-1, effective June 1, 2000, to increase the Contract Payment Limit by $75, 000, from $150, 000 , to a new Contract Total Payment Limit of $225, 000 . FINANCIAL IMPACT: This contract is included in the Health Services Department Enterprise I budget . REASONS FOR RECOMMENDATIONS/BACKGROUND: There is a nationwide nursing and healthcare staff shortage, and in spite of persistent efforts to recruit nurses and other healthcare staff, the Department has had to rely heavily on registry services in order to provide quality nursing care for patients . On December 7, 1999, the Board of Supervisors approved Contract #26- 164-1 with Agostini & Associates, for the period from November 1, 1999 through October 31, 2000, to provide temporary nursing staff to assist Contra Costa Regional Medical Center and Contra Costa Health Centers during peak loads, temporary absences, and emergency situations . At the time of negotiations, the payment limit was based upon target levels of utilization, and it was anticipated by both parties that the need for services would not exceed a total payment limit of $150, 000 . However, due to the shortage of Perinatal, Intensive Care Unit and Operating Room nursing staff, the utilization has been higher than originally anticipated. Approval of Contract Amendment Agreement #26-,164-2 , will allow Agostini & Associates to continue to provide temporary nursing registry services, as requested by the Department, through October 31, 2000 . Ile CONTINUED T Y I N TU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE t--'APPROVE OTHER r SIGN A ACTION OF BOARD ON c c APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I 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 SUPERVISORS ON THE DATE SHOWN. ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person:Frank Puglisi (370-5100) CC: Health Services(Contract) Auditor-Controller Risk Management BY _ _ DEPUTY Contractor C.67a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on ,July 25, 2000 by the following vote: AYES: Supervisors Gioia, Uilkerna, Gerber, DeSaulnier and Canciamilla NOES: None ABSENT: None ABSTAIN: None Subject: Request for Report on Nursing Registry Services Costs IT IS BY THE BOARD ORDERED that item C.67 on July 25, 2000, agenda approving and authorizing the Health Services Director or designee, to execute a contract amendment with Agostini & Associates to increase the payment limit by $75,000 to a new payment limit of$225,000 to provide additional temporary nursing registry services through October 31, 2000 is APPROVED; and the health Services Director is DIRECTED to provide a report to the Board of Supervisors on August 1, 2000, on a list of current contracts, expenditures and costs for nurses registry services. 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 on the date shown. Attested:_July 25,2000 Phil Batchelor,Clerk of the Board of Supervisors an ounty A i ator ByO,111Ma Deputy Clerk Cc: Health Services Director TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator a uut DATE: July 25, 2000 s SUBJECT: Amend Contract with FORM, Inc. Uounty SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Chief Assistant County Administrator (Acting Risk Manager) to amend the Contract with EORM, Inc. to increase the payment amount by $12,000 to a total $112,000 limit for additional consulting services and to change the contract termination date to June 30, 2000. FINANCIAL. IMPACT: Costs for consulting services are funded through the Workers' Compensation Self-insurance Trust Fund. BACKGROUNDIREASONS FOR RECOMMENDATION: FORM, Inc. is a consulting firm consisting of staff possessing Specialized technical skills in such areas as indoor air quality, infectious disease control, chemical handling and safety, industrial hygiene, as well as general and environmental compliance. The County initially retained their services when it became apparent that the loss control program would be relying very heavily on this type of consulting expertise. The existing compliance management program within the County cannot be successful without continued support from the above-described level of consulting expertise. Consulting staff are necessary to respond to the wide variety of compliance-oriented questions, concerns and issues, and to assist the Assistant Risk Manager for Loss Control to develop programs, procedures and training to move the program forward. CONTINUED ON ATTACHMENT: S SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 1, APPROVE OTHER - 'z��� SIGNATURE(S): t ACTION OF BOAC { APPROVED AS RECOMMENDED C OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED PHIL.BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Scott Tandy—335-1450 cc: CAO Risk Management Auditor-Controller EORM, Inc. BY ``�,.,_r ,DEPUTY TO: BOARD OF SUPERVISORS Cow FROM: Phil Batchelor, County Administrator Contra Costa DATE: July 18, 2000 County SUBJECT: Contract for Executive Director, Arts and Culture Commission of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RE_COMMERDATION: APPROVE AND AUTHORIZE the County Administrator, or his designee, to execute a contract between the County and Margaret L. Cowan for her services as the Executive Director of the Arts and Culture Commission of Contra Costa County during the period July 1, 2000 through June 30, 2001, with a contract cost not to exceed $50,000. FtS-CAUMPACT This contract is funded through a State of California Arts Council grant (66%) and County funds (34% - budgeted). BACKGROUND/REASON-FOR REC-OMM.ENDATEO.N This contract continues the services of Ms. Cowan, who has served as Executive Director of the Arts and Culture Commission since December 1996. She provides staff support to the Commission in the areas of program development, fundraising, and administrative services. She also, on behalf of the Commission, serves as the liaison with artists, arts organizations, community groups, governmental agencies, schools and businesses, in promoting arts and cultural programs. ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ' 'XPPROVE OTHER SIGNATURE(S): [ ACTION OF BOARD e3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I 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 SUPERVISORS ON THE DATE SHOWN, ATTESTED_ LJL, c2—T C2=J P'HIL BATCHELOR,CLERK OF THE BOARD OF ^� SUPERVISORS AND COUNTY ADMINISTRATOR BY _►`l ?. Y�' .�A�-,� DEPUTY Contact Person: CC: Scott Tandy,Chief Assistant County Administrator Arts and Culture Commission Auditor Contra' Costa County Number 045913 Standard Form 1/87 SHORT FORM SERVICE CONTRACT Fund/ r 1. Contract Identification. Account # 2` 3� 1� p Department : County Administrator Other Subject: Arts & Culture Commission of Contra Costa County 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: Margaret L. Cowan Capacity: Contractor Taxpayer ID# _ Address: 1402 Alhambra Avenue Martinez, CA 94553 3. 'Term. The effective date of this Contract is July 1, 2000 and it terminates June 30, 2001 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 50.000.00 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] ( ) hour; or [ a. FEE RATE: $ per service unit: ( } session, as defined below; or ( } calendar {insert day, week or month) NOT TO EXCEED a total of service unit(s). [ ] b. Payment in full after approval by the Department. [x] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: See Attachment B, Scope of Services 8. 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, including nondiscrimination. 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. SHURT kUKM btxvi. ,P, I:UtV1HAGi Number C45913 10. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent , servant , employee, partnership, joint venture, or association. 11. Disputes . Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government . 12. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regal:-tions 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, the Comptroller General, the County, 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 sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract 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, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, docu- ments, 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. 13. F.eporting 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 listing the numbers and dollar amounts of all contracts ,and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servents, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees . Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR ` By By 1� OU 1 a l t_--t W A>^ Designee vii t-&KT Approved: County Administrator (Designate official capacity) By Designee Recommended by Department By [Form approved by County Counsel) T1PC� fITIPP ATTACHMENT A PAYMENT PROVISIONS 1. For services rendered pursuant to Attachment B, Scope of Services, Contractor is to receive monthly payments of$3,959.33, with a total of such payments not to exceed $47,500.00. 2. in addition to the payments set forth in Paragraph 1, Contractor is entitled to reimbursement for vehicle mileage at the current County rate, plus reimbursement for other necessary expenses incurred In connection with the services provided under this contract. The total reimbursement is not to exceed $2,500.00. 3. The Contractor's attendance at conferences and travel outside the County shall be approved In advance by the Chair or Vice-Chair of the Arts & Culture Commission of Contra Costa County. In-County travel may occur at the discretion of the Contractor, but the Commission Chair or Vice-Chair must approve reimbursement for such travel costs. Contractor TY)M Arbil L • w�, County: Date: Date ATTACHMENT B SCOPE OF SERVICES Contractor understands and agrees to the following scope of services: 1. Contractor shall provide staff support to the Arts & Culture Commission of Contra Costa County and serve as liaison with artists, arts organizations, community groups, governmental agencies, schools, and businesses, In promoting arts and cultural programs. 2. Contractor's duties shall include but not be limited to the following: Program Development Serve as representative for the Arts & Culture Commission to the media, the public, and at arts and cultural events, meetings, and functions. Assist In the formulation, planning, review, and implementation of long range organizational and community goals. Assist In the identification and analysis of community arts needs, and develop and Implement services and programs to fulfill those needs in accordance with priorities set by the Arts & Culture Commission. Foster a spirit of teamwork between arts and non-arts agencies through development of projects of common interest. Develop operating procedures for programs. Fundraising Develop and implement a fundralsing plan consistent with the goals set in cooperation with the Arts & Culture Commission. Organize fundraising and promotional events. Prepare grant applications and proposals. Develop relationships with businesses, foundations, and other funding sources as appropriate. Research new and alternative funding"sources. Contractor:�0"wc\ �_- County: Date: _ �8,�00Date: Administration Supervise staff and volunteers as necessary to implement all programs and activities of the Arts & Culture Commission. Recruit community volunteer support. Manage written reports of activities for management and public review, Including monthly written reports to the Arts & Culture Commission. Maintain agency records and files. 3. Contractor shall receive an annual performance evaluation by the Executive Committee of the Arts & Culture Commission. 4. Contractor agrees that her duties as Executive Director of the Arts & Culture Commission shall constitute her primary responsibility. Contractorh*1 s ^ County: Date: Date: QUESTIONNAIRE FOR DETERMINING INDEPENDENT CONTRACTOR PAYMENT METHOD All new o.k renewal independent contractor agreements that do not meet IRS criteria for independent contract status must be paid through the payroll system so that withholding taxes and Social Security can be deducted (note: this does not apply in the case of contracts with corporations, temporary help agencies , partnerships or established businesses with Taxpayer Identification number) . For completion by Department Personnel YESO a. Do I, as the employer, have the right to control not only the result of the work,, ,�- but also the way in which it is done? b. Am I setting the independent contractor's hours? C } C c. Is the independent contractor restricted from taking jobs from other businesses at the same time they are working for mel C✓f } d. Do I or other departments have employee (s) with similar duties as the independent contractor? C } Com' e. Doses the County supply assistants to the contractor? (4 } f. Is the duration of employment for a specific period of time rather than a specific job? ( } { g. Does the County furnish training, tools,- or equipment-to the contractor? M} ( } A "yes" answer to any of the above questions will constitute justification for paying the contractor through the payroll system. CONTRACTOR CERTIFICATION PREPARED BY: I Certify that the answers to the above questions accurately reflect the anticipated working — — r lationship. REVIEWED AND APPROVED BY: