HomeMy WebLinkAboutMINUTES - 08062002 - C96-C100 TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director �
By: Ginger Marieiro, Contracts Administrator n -j Contra
Costa
DATE: July 24, 2002 W,
aunty
SUBJECT: r Ls r
Approval of Standard Agreement #24-760-10 with the State Department
of Rehabilitation
.SPECIFIC REQUEST(S1 OR RECOMMENDATION(S)a BACKGROUND AND JUSTIFICATION
RECOMMENDATION,(S) :
Approve and authorize the Health Services Director or his designee
(gonna Wigand) to execute, on behalf of the County, Standard
Agreement #24-760-10 with the State Department of Rehabilitation, a
governmental agency, in an amount not to exceed $30, 824, for the
period from July 1, 20012 through June 30, 2003 , for the prevision of
vocational rehabilitation services to individuals with mental
disabilities.
FISCAL IMPACT:
The total cost of this program is $30, 824 and is funded as follows :
Source o£ Funds Contract Total
State Dept . of Rehabilitation 66 . 5% $ 20, 505
County Mental Health/Realignment 33 . 5% 10 , 319
TOTAL PROGRAM COST 3Ct 824
BACKGRO'{T13D/REASON(S) FOR RECOMMENDAT ION(S) :
On July 24, 2001, the Board of Supervisors approved Standard
Agreement #24-7601-9 with the State Department of Rehabilitation, for
Fiscal. Year 2001-2002, for the provision of vocational
rehabilitation services for the psychiatrically disabled.
Approval of this Standard Agreement #24-760-10 will enable the
County' s clients to continue participating in comprehensive
rehabilitation plans that provide job skills development, career
counseling, coaching in job application skills, job development and
placement, and follow-up services through June 30, 2003 .
Five certified and sealed copies of this Board Order should be
returned to the Contracts and Grants Unit for submission to the
State Department of Rehabilitation.
N
RECOMMENDATION OF COUNTY ADMINISTRATOR e:!'"APPROVE OTHER RECOMME AT#ON OF BOARD COMMITTEE
I;
ACTION OF BOARD Of OTHER
_ y' � .,� APPROVED AS RECOMMENDEb � am,
r
VOTE OF SUPERVISORS
....
UNANIMOUS {ABSENT f *h } I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
AIJSEr 7T-_' ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
ATTESTED
Donna Wigand (957-5150) JOHN SWEECEN,CLERK OF THE BOARD OF
Contact Person:
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller # jliY ;
,
Risk Management 4 r
Contractor BY -.-.- _. (,Sr' L �_ DEPUTY
f
TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director Contra
By: Ginger Marieirc, Contracts Administrator " Costa
MATE: July 24, 2002 r Ct3UIt
SUBJECT,
a�.�^ Ls it
Approval of Contract #26-371-2 with Surgical. Staff, Inc .
SPECIFIC REQUESTS)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECQMMENI)ATION I S) :
Approve and authorize the Health Service Director or his Designee
(Kathryn Grazzini) , to execute on behalf of the County, Contract #26-
371-2 with Surgical Staff, Inc, , in an amount not to exceed $200, 0010,
for the period from August 1, 2002 through July 31, 20013, to provide
nursing registry services at Contra Costa Regional Medical Center and
Contra Costa Health Centers .
FISCAL, IMFACT:
This Contract is funded by the Health Services Department ' s Enterprise
BACXGRC7_=/REAS0N(S) FOR RECOMMENDATION(S) :
On September 11, 2001, the Beard of Supervisors approved Contract #26-
371-1 with Surgical Staff, Inc. , to provide nursing registry services
to Centra. Costa Regional Medical Center and Contra Costa. Health
Centers, for the period from August 1, 20011 through July 31, 2002 .
Approval of Contract #26-371-2 will. allow Contractor to continue to
provide services through July 31, 2003 .
CONTINUCD ON ATTAQlj_}'.EN-�,_ dS ( hi RE
dRECOMMENDATION OF COUNTY ADMINISTRATOR RECOM DATION OF BOARD COMMITTEE
._APPROVE �S _ _ OTHER
SIG TUR€ S ;
ACTION OF BOARD t3 APPROVED AS RECOMMENDED '�. OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
14—_ UNANIMOUS (ABSENT L`* f s. %) 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 s
JOHN SWE
'" N,+CLERK OF THE BOARD OF
SUPERVISdkS AND COUNTY ADMINISTRATOR
Contact Persona: Kathryn Grazzini (3701-51.201)
CC: Health Service, Dept. (Contracts) {r,
Auditor-Controllers
Risk Management BY - t .'re DePUTY
Contractor .—
Contra Costa County Number 26-371-2
Standard Form 3/01 STANDARD CONTRACT Fund/Org As Ceded
(Purchase of Services) Account # 2802
Other #
1`. Contract Identification.
Department: Health Services - Contra Costa regional Medical Center
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: SURGICAL STAFF, INC.
Capacity: Corporation Taxpayer ID ##94-2837397
Address: 127 North San Mateo Drive, San Mateo, California 94401
3. Term. The effective date of this Contract is August 1. 2002 and it terminates
July 31, 2003 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $200,000.
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 . Contractors t7bligation.s. 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 ,Snecial Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
c7. ;fro-sect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
9. Legal�Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 31000.4.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: John Sweeten, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Qhai n/Designee
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor. For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must he
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code 9 1190
and Corporations Code § 313), All signatures roast be acknowledged as set forth on page two.
Centra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 26-371-2
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY LAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation, Partnership,or Individual)
(Civil Code§1189)
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 26-371-2
1. payment Amounts. Subiect to the Payment Z,imit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor. [Check one alternative only.]
[ ]
a. $ monthly,
[ ] b. $ _ - per unit, as defined in the Service Plan,
[ ] c. $ after completion of all obligations and conditions herein, or
[XI 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 fallowing additional rates as
applicable:
(1) Holiday compensation according to Paragraph S. (Holiday
Compensation) of the Service Plan;
(2) Overtime compensation according to Paragraph 9. of the Service Plan;
and
(3) Short notice reimbursement according to Paragraph 10. of the Service
Plan.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be ;Wade
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were 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 . Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, county shall not pay Contractor for such services, even though such
services were fully provided.
4. Right to 4ithhold. 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.
5. 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 obligation, 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 obligations under this Contract.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 26-37' -2
1. Scot->e of Services. Upon request received by the Contractor from the County's Health
Services Director, or his designee (Director of Nursing or an Assistant Director of Nursing) ,
and subject to the payment limit of this Contract, the Contractor shall provide its nurses
in the below listed job classifications and at the specified 'hourly billing rates, to do
temporary work for the County for specified peak loads, temporary absences, or emergency
situations. personnel providing services under this Contract are not County employees.
DAY SHIFT PM SHIFT NIGHT SHIFT
0700-1.530 1500-2330 2330-0700
JOB CLASSIFICATION WEEKDAY-NEEKEND WEEKDAY/WEEKEND t
REGISTERED NURSE SPECIALTY: $58.00 $$58.05 $58.00
(OR, PACU, ICU
SURGICAL TECHNOLOGIST: $44.00 $44.00 $45.00
(ORT)
CENTRAL PROCESSING TECH: $36.00 $35.00 $36.00
ANESTHESIA TECHNOLOGIST: $32.00 $32.00 $32 .00
NURSING ATTENDANT: $25.00 $25.00 $25.00
2. Standards.
a. JCAHO Standards for Use of outside Nursing Services. Contractor shall comply
with the Joint Commission on Accreditation of Hospitals (JCAHO) nursing services requirements
for use of outside services including, but not limited to, JCAHO Standard NR 3.9 which
provides for evaluation by County's Regional Medical center and Health. Centers nursing
administration of nurses provided by Contractor. in addition, pursuant to JCAHO
requirements, 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 JCAF0 Standards.
b. JCAH0 Standards far Nursincx Personnel.
(1) Registered Nurses. Pursuant to JCAHO requirements, Contractor shall
provide Registered Nurses who have one year of documented current nursing
experience within the last two years, or who have successfully completed
a Board of Registered Nurses Certifiers Nurse Refresher course within the
last three months and who possess current licensure.
(2) Licensed Vocational Nurses. Pursuant to JCAHO requirements, Contractor
shall provide Licensed Vocational Nurses who have one year of documented
current nursing experience within the last two years, or who have
successfully completed a Board of Licensed vocational Nurses Certified
Nurse Refresher course within the .last three months and possess current
licensure.
Initials:
Contractor County Dept.
1
SERVICE PIAN
Number 25-371-2
3. Definitions.
a. Hour of Temnorary Work. For payment purposes in accordance with paragraph I.d.
of the Payment Provisions, an "hour of temporary work" is herein defined as the provision of
the services, by one of Contractor's nurses in one of the classes listed in Paragraph 1.
above, onsite in a County Health Services Department facility, for one full hour. Portions
of an hour of temporary work spent by each paid Contractor's nurse in providing services
shall be reported in one-half hour increments. Time spent in travel and other activities not
involving service, shall not be included.
b. Overtime. For payment purposes, overtime is the provision of temporary work, at
County's request, by a Contractor's nurse, beyond eight hours in any workday, and/or beyond
forty hours in any workweek, when said nurse is scheduled to work eight hour shifts; and
beyond twelve hours in any workday and/or forty-eight hours in any workweek, when said nurse
is scheduled to work twelve hour shifts.
C. Holiday Shift. For payment purposes, a holiday shift is one in which the
majority of hours worked by Contractor's nurse, fall on the actual calendar date of one of
the holidays specified in Paragraph 11. , below.
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 initial job order
is received, Contractor shall contact the supervisor who is to oversee Contractor's nurse in
order to ascertain exact duties and responsibilities of the job involved. County agrees to
request the services of each Contractor's nurse for a period of no less than four hours.
5. Replacement. In the event of unsatisfactory performance by the Contractor's nurse as
judged by the sole discretion of the nursing supervisor or charge nurse to which Contractor's
nurse is assigned, County may request replacement of said nurse within the first four hours
of work without charge to the County. After the first four hours, County may request
replacement, and Contractor will bill County only for the time Contractor's nurse worked in
excess of four hours. In any event, Contractor shall replace all nurses upon County's
request.
6. Time Cards. Time cards shall be supplied by the Contractor. Time cards completed by
Contractor's nurses shall be approved by County (Director of Nursing; Nursing Supervisor; or
Charge Nurse to whom the employee has been assigned) before any payments will be made by
County to Contractor for services rendered by that nurse.
7. Eligibility for Hire. County may hire any temporary worker, supplied to the County by
Contractor under the terms of this Contract, without penalty or payment of any fee, if the
following conditions are met:
a. The County must notify Contractor of Contractor's nurse's acceptance of a County
employment offer; and
b. Following ,such notice, Contractor's nurse must work a total of 80 hours for
Contractor in a County facility prior to beginning County employment.
Initials:-
Contractor
nitialsContractor County Dept.
2
SERVICES PLAN
Dumber 26-37.1-2
The Contractor and the Contractor's employee(s) may enter into open and competitive
examinations for County positions; however, County will give no priority or special
consideration for time spent as a temporary worker in a County facility.
8 . RolidAy Compensation. The County and the Contractor each recognize the following
holidays: Independence Day, Labor .Lay, Veterans Tray, Thanksgiving Day, Christmas Day, New
Year's Day, Martin Luther King's Birthday, President's Day, and Memorial Day. On these
holidays, the County will reimburse the Contractor for services rendered to the County by the
Contractor's employees, at the County's request, at the rate of one and one-half times the
appropriate normal billing rate specified in Paragraph 1. (Scope of Services) , above.
9. Overtime CMpensation. County shall pay for authorized overtime worked at County's
request, in accordance with the following formula:
a. Nurses assigned to work eight-hour shifts shall be compensated for overtime as
follows:
(1) one and one-half times the nurse's regular billing rate, as set forth in
Paragraph 1. , above, for all hours worked in excess of eight hours up to
and including twelve hours in any workday; and
(2) one and one-half times the nurse's regular billing rate, as set forth in
Paragraph 1. , above, for the first eight hours worked on the sixth and
seventh consecutive days of work for that nurse.
b. Nurses assigned to work twelve-hour shifts shall be compensated for overtime as
follows:
(1) Double the nurse's regular billing rate, as set forth in Paragraph
above., for all hours worked in excess of twelve hours in any workday, and
(2) Double the nurse's regular billing rate, as set forth in Paragraph z. ,
above, for all hours worked in excess of eight hours on the sixth and
seventh consecutive days of work for that nurse.
10. Short Notice Reimbursement. In the event that County cancels a shift less than one and
one-half hours before said shift is to begin, and Contractor's scheduled nurse cannot be
placed at another County location for the shift, County will reimburse Contractor for four
hours of service. in the event that Contractor cancels a scheduled nurse less than one and
one-half hours before a shift is to begin, and Contractor is unable to furnish a replacement
nurse for said shift, Contractor will credit County for four hours of service.
11. Limitation of Service. No nurse supplied by Contractor shall work for County under
this Contract for more than ninety (90) consecutive days.
12. Administrative Contra Costa Regional Medical Center and Contra Costa
Health Centers retain professional and administrative responsibility for the services
rendered hereunder, but this provision shall have no effect on Paragraph 18. indemnification
of the General Conditions of this Contract.
initials:
Contractor County Dept.
3
SERVICE PLAN
Number 26-371-2
13. Quality Assurance and Utilization Review Rectuirements. Contractor shall comply with
requirements and procedures established by the County, State, and Federal governments for
quality assurance and utilization review, including but not limited to, submission to County
of periodic quality assurance reports, assignment of staff for utilization review and
coordination duties, use of standardized case record and treatment planning forms,
utilization of peer review, and monitoring of medication.
Initials:
Contractor County Dept.
4
SPECIAL CONDITIONS
Number 26-371_2
1 . Insurance. Paragraph 19 . (Insurance) of the General Conditions is
hereby deleted and replaced in its entirety with the following new
provision:
1119 . 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/$3, 000, 000 annual aggregate for all damages
or 'Losses because of errors, omissions or malpractice arising from
the prevision of professional services under this Contract.
The Contractor shall provide the County with (a) certificates (s)
of insurance evidencing its professional liability insurance
coverage specified above 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. "
2 . Employee Security. The Contractor shall provide worker' s compensation
coverage and unemployment compensation coverage for .its employees.
Contractor is not required to provide County with certificates of
insurance evidencing worker' s compensation coverage or unemployment
compensation coverage.
Initials:
Contractor County Dept.
Standard Form 7191
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, including
nondiscrimination.
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.
?. 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.
a. Retention of Records. The Contractor shall retain all documents pertaining 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.
b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section 1 861(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 ce:-tify 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 510,000 or more over a twelve-month period, sil.ch 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 County, 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 thereunder.
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.
4. RR eporting Requirements. Pursuant to Government Code Section 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.
S. 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 ,vritten mutual
con.seT%
1
Standard Forza 7191
GENERAL CONDITIONS
(Purchase of Services)
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 reasonable 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 conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, 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 specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, 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 required 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.
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. Dispute . Disagreements between the County and Contractor concerning the meaning, requirements,
or perfortt:n.ance 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.
1.0. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa Count), 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.
Standard ]Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract
shall be deemed 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 therefor, 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 ftorn any failure to comply with any of the terns and
conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, 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 construed to create the relationship between the parties of agent, servant,
employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not
make, participate in making, or in any way attempt to use the position afforded them by this Contract to
influence any governmentaf decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 57100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents
and employees 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. !x.11 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 serv=ices 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 warship or instruction.
18. 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,
servants, employees or subcontractors hereunder. save and except claims or litigation arising through the sole
Standard Form 7/31
GENERAL CONDITIONS
(Purchase of Services)
negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the
County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the
.matters that are the subject of this indemnification, and if requested by the County will defend any claims or
litigation to which this indemnification provision applies at the sole cost and expense of the Contractor.
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 the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,including
coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000
for all damages, 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 insureds
as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance
as to the County, the State and Federal Govern eats, 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.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of
insurance evidencing liability and worker's 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 terra
of this Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written not'.ce to County before cancellation or material changes of the
above specified coverage.
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 shall be the date of deposit in the mails or
of other delivery, except that 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. Prirnacrr 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 contract following expiration of 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, claire to or right
to the possession of land or improvements, but does not vest ownership of the land or improvements in the salve
4
Standard Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue &
Taxation Code Section 107), such interest or improvements 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 Section 107.6,
and waives all rights to further notice or to damages under that or any comparable statute.
24. Na Third-Part
y Beneficiaries. Notwithstanding mutual recognition that services under this Contract
may provide some aid or assistance to members of the County's population, it is not the intention of either the
County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the
obligations assumed by either party to this Contract.
251, Courights and-Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the
Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials.. in whole or in part,
and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County
publicly endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute
qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-
established and widely-accepted scientific basis for such claims or without the prior approval of the Board of
Supervisors. in its County contractor capacity, Contractor shall not participate or appear in any commercially-
produced advertisements designed to promote a particular brand name or commercial product, even if Contractor
is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably
be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the
foregoing, Contractor may express its views on pro iucts to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-133. If
Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source.,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to
County in the time, form, and manner required by the most current version of Office of Management and Budget
Circular A-133 and by County. If Contractor is funded by 5100,000 or more in federal grant funds in an); fiscal
year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall
submit the audit to County in the time, form, and manner required by the most current version of Office of
Management and Budget Circular A-1333 and by County. Contractor is solely responsible for arranging for the
conduct of the audit. and for its cost, and County may withhold the estimated cost of"the audit or 10 percent
of the contract amount, whichever is larger,or the final payment, from Contractor until County receives the audit
from Contractor.
5
TO: BOARD OF SUPERVISORS
FROM: Iwo { ,
William Walker, M.D. , Health Services Director - : Contra
By: Ginger Marieiro, Contracts Administrator fl; Casty
DATE: July 24, 2002 �� County
SUBJECT:
Approval of Contract #26-395-2 with LocumTenens .Com
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S)
Approve and authorize the Health Services Director, or his designee
(Jeff Smith, M.D. ) , to execute on behalf of the County, Contract
#26-395-2 with LocumTenens .Com, in an amount not to exceed $75, 000
for the period from August 1, 2002 through July 31, 2003 , for the
provision of psychiatric and anesthesiology locum tenens physician
--"services at Contra Costa Regional Medical Center and Contra Costa
Health Centers .
{
FISCAL IMPACT:
Funding for this contract is included in the Health Services
Department Enterprise I budget . As appropriate, patients and/or
third-party payors will be billed for services .
BACKGROUND/REASON(S) FOR RECOMMENDA`T'ION(S) :
On August 7, 2001, the Board of Supervisors approved #26-395-1 with
LocumTenens .Com for the period from August 1, 2001 through July 31,
2002, for provision of locum tenens physicians to work as temporary
employees to ensure appropriate medical physician and inpatient
psychiatry staff coverage at Contra Costa Regional Medical Center
and Contra Costa Health Centers .
Approval of Contract #26-395-2 will allow the Contractor to continue
to provide services, through July 31, 2003 .
GON. TINUEC7 ON ATTACHMENT: YEx�S IGNATURE: / � ' L YP � --Q� .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
--~" APPROVE OTHER
s
SIGNATURES :__
ACTION OF BOARD APPROVED AS RECOMMENDED ... OTHER
VOTE OF SUPERVISORS
•: I HEREBY CERTIFY THAT THIS IS A TRUE
--. UNANIMOUS (ABSENT` AND CORRECT COPY OF AN ACTION TAKEN
AYES:__ NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:_ ABSTAIN:— _ OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEE4.t- N,CLERK OF THE BOARD OF
SUPERVISOkS AND COUNTY ADMINISTRATOR
Contact Person: Jeff Smith, M.D. , (370-5113)
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management
BY l ; h� ''€ r , DEPUTY-
Contractor
TO: BOARD OF SUPERVISORS ,
William Welker, M.D. , Health Services Director Contra
By: Ginger Marieiro, Contracts Administrator I Costa
DATE: July 24, 2002w- Counter
SUBJECT;
Approval of Contract #26-936-4 with Kevin Beadles, M.D.
SPECIFIC REQUEST($)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S) :
Approve and authorize the Health Services Director, or his
designee, (Jeff Smith, M.D. ) to execute on behalf of the County,
Contract #26-936-4, with Kevin Beadles, M.D. (Specialty:
Ophthalmology) , a self-employed individual, in an amount not to
exceed $736, 652, for the period from August 1, 2002 through July
31, 2005, for the provision of Ophthalmology services for patients
at Contra Costa Regional Medical Center.
FISCAL IMPACT:
This Contract is 100. funded by Enterprise I Budget .
BACKgROUND/REASON(S) FOR RECOMMENDATIONS :
On September 21, 1999, the Board of Supervisors approved Contract
#26-936-2 (as amended by Contact Amendment Agreement #26- 936-3)
with Kevin Beadles, M.D. , for the period from August 1, 1999
through July 31, 2002, to provide administrative Ophthalmology
services, including consultation, clinical coverage, training, and
medical and/or surgical procedures, for patients at Contra Costa
Regional Medical Center.
Approval of Contract #26-936-4 will allow Contractor to continue
providing services through, July 31, 2005 .
Q-QNTINULD ONAIT NT �Y � rI�NA7t3R
kECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
e�-APPROVE OTHER —
SIGN TUR S :`..
ACTION OF BOARD N . '
�.r�/ APPROVED A5 RECOMMENDED _ ���. OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS {ABSENT x Vii.) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:__. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN:_ W____ OF SUPERVISORS ON THE DATE SHOWN.
:•a w,
ATTESTED
JOHN SWEE-ttN,CLERK OF THE BOARD OF
SUPERVISOR2S AND COUNTY ADMINISTRATOR
Contact Person: Jeff Smith, M.D. (370-5113)
CC: Health Services dept. (Contracts)
Auditor-Controller
Disk Management eY
DEPUTY
Contractor _ - --
TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director '`_- ��' Centra
By: Ginger Marieiro, Contracts Administrator
Costa
DATE:
DATE: July 24, 2002 en9OUny
pAC«... tIs/V
SUBJECT:
Approval of Contract Amendment Agreement #26-429-1 with J & C
Nationwide
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Jeff Smith, M.D. ) , to execute on behalf of the County, Contract
Amendment Agreement #26-429-1, with J & C Nationwide, a Corporation,
effective August 1, 2002, to amend Contract #26-429, with no increase
to the original Contract Payment Limit of $75, 000 .
FINANCIAL IMPACT:
Funding for this contract is included in the Department ' s Enterprise I
Budget .
REASONS FOR RECOMMENDATIONS/BACKGROUND:
For many years the County has contracted with registries to provide
temporary qualified personnel to assist the Department during peak work
loads, temporary absences and emergency situations .
On January 22, 2002, the Board of Supervisors approved Contract #26-
429, with J & C Nationwide, for the recruitment of temporary physician
services to cover vacation, sick leave, and extended leave relief for
County-employed physicians at the Contra Costa Regional Medical Center
and Main Detention Facility through December 31, 2003 .
Approval of Contract Amendment Agreement #26-429-1 will allow
Contractor to provide an additional level of services, to include
Radiology and Primary Care services, through December 31, 2003 .
CONTINUED ON ATTACHMENT: YE SI NA
'✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECO DATION OF BOARD COMMITTEE
_�OPROVE OTHER
SIGNATURE
ACTION OF BOARD O s`+ ?r: i s-- APPROVED AS RECOMMENDED _ OTHER
f
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT>:<` `ice) 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
JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Jeff Smith, M.D. (370--5113)
CC: Health Services Dept. (Contracts)
Auditor-Controller l< �
Risk Management BY f t � #.; -.... DEPUTY
Contractor