HomeMy WebLinkAboutMINUTES - 01121993 - 1.32 50 / , 3 ,'�,. p-
TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director
" M Contra
By: Elizabeth A. Spooner, Contracts Administrator (-`oS+a
DATE: December 28, 1992 10 County
SUBJECT: Approval of Contract Agreement #26-230-3 with Jeannie Peterson � ��1
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Rehabilitation Services Contract #26-230-3
effective January 1, 1993 through June 30, 1993 with Jeannie Peterson,
for provision of physical therapy services at Merrithew Memorial
Hospital and Clinics, with a payment limit $35, 000.
II. FINANCIAL IMPACT:
This Contract is included in the Health Services Department's FY 1992-
93 Enterprise I Budget, to be funded by salary savings generated
through vacant physical therapy positions.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On June 23 , 1992, the Board of Supervisors approved Contract #26-230-2
with Jeannie Peterson, for physical therapy services at Merrithew
Memorial Hospital and Clinics for the period July 1, 1992 through
December 31, 1992. The Department continues to be unable to fill
vacant physical therapy positions, and although registry therapists
are used when they are available, this Contract with Jeannie Peterson
provides more predictable coverage than the registry.
Approval of Rehabilitation Services Contract #26-230-3 will allow the
Contractor to continue providing physical therapy services through
June 30, 1993 .
CONTINUED ON ATTACHMENT: YES SIGNATURE: UU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMTIMEND N OF BOARD OM'MITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON January 12, 1993 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X
UNANIMOUS (ABSENT i ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
O
Contact: Frank Puglisi (370-5100) F SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED January 12, 1993
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83 BY DEPUTY
Contra Costa County Number: 26-230-3
REHABILITATION SERVICES CONTRACT Fund/Org#: 6370
Account #• 2821
1. Contract Identification.
Department: . Health Services (Hospital and Clinics Division)
Subject: Provision of Physical Therapy Services
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:
Physical Therapist Lic # 13463
Contractor: JEANNIE PETERSON Taxpayer ID# 560-94-5600
Capacity: Self-employed individual
Address: 4121 Cabrilho Drive, Martinez, California 94553
3. Term. The effective date of this Contract is January 1, 1993 and it
terminates June 30, 1993 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract
shall not exceed $ 35,000 .
5. Termination. Should Contractor fail to perform property any of its
obligations hereunder, County may terminate this Contract upon written notice
to Contractor. This Contract may also be terminated by either party without
cause by giving thirty (30) days advance written notice thereof to the other,
or may be canceled immediately by written mutual consent.
6. County's Obligations. County shall make to Contractor those payments
described in Paragraph 1. (Payment) of the attached Additional Provisions
which are incorporated herein by reference.
7. Contractor's Obligations. Contractor shall provide those services and carry
out that work described in Paragraph 2. (Contractor's Obligations) of the
attached Additional Provisions.
8. 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 of agent, servant, employee, partnership, joint
venture, or association. In providing services hereunder, Contractor shall
work cooperatively with County's Health Services Director or his designee.
9. Modifications and 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 by its designee.
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Contra Costa County Number: 26-230-3`
REHABILITATION SERVICES CONTRACT Fund/Org#: 6370
Account #: 2821
10. Insurance and Indemnification Throughout the term of this contract,
Contractor shall maintain all necessary insurance for services to be provided
by Contractor here-under, including but not limited to professional
malpractice liability coverage. Malpractice liability insurance with a
minimum single-limit coverage of $500,000 shall be provided and shall be from
a reputable insurance company acceptable to the County. Contractor shall
provide the County with a valid certificate of insurance evidencing the
coverage required by this clause and shall promptly advise County of any and
all claims paid by the insurer(s) under said insurance.
If a claim is made against County, or its officers, agents, or employees,
which arises out of the performance of contractor's duties under this
agreement and Contractor has failed to maintain the insurance policies
required under this agreement which would have covered Contractor had the
claim been made against him or her, then as to such claims, Contractor shall
indemnify and hold the County, and its officers, agents, or employees
harmless -for that portion of the loss or liability attributable to
Contractor.
11. Assignment. Contractor shall not assign or transfer any interest hereunder
without the express written permission of the Director of County's Health
Services Department.
12. Legal Authority. This Contract is entered into under and is subject to the
following "legal authorities: California Government Code Sections 26227 and
31000.
13. Signatures. These' signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By ` By
Designee
Approved: County Administrator Dated•
i"
By 7SU,,
Designee
Recommend e a nt
BY (Form approved: County Counsel)
esignee
ATTEST: Phil. Batchelor, Clerk of the Board
Of Supervisors and County Administrator
By:
Deputy 2
ADDITIONAL PROVISIONS
Number 26-230-3
1. Payment. In consideration of Contractor's provision of services as
described below, County shall pay Contractor, upon submission of a properly
documented demand for payment in the form and manner 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, in
accordance with the following fee schedule:
a. FEE RATE: $ 34.00 per hour of temporary work, as defined below.
b. Hour of Temporary Rork. For payment purposes, and "hour of
temporary work" is herein defined as the provision of physical therapy
services as set forth below by Contractor 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 Contractor 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.
c. Overtime. For payment purposes, overtime is the provision, at
County's request, of hours of temporary work by Contractor, beyond eight
hours in any workday, and/or beyond forty hours in any workweek. County will
pay for overtime worked by Contractor at County's request as follows:
(1) One and one-half times Contractor'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 by Contractor; and
(2) Double the Contractor'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 by Contractor.
d. Holiday Shift. For payment purposes, a holiday shift is one where
the majority of hours worked by Contractor fall on the actual calendar date
of one of the following holidays: Memorial Day, Independence Day, and Labor
Day, Thanksgiving Day, Christmas Day and New Year's Day. On these holidays,
County will reimburse Contractor for services rendered at County's request at
the rate of one and one-half times the Contractor's normal . billing rate
specified above.
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C tractor ty Dept.
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ADDITIONAL PROVISIONS
Number 26-230-3
2. Contractor's Obligations.
a. service specifications. Upon request received by Contractor from
County's Health Service Director, or his designee (Chief, Rehabilitation
Therapy Services) , and subject to the payment limit of this Contract,
Contractor shall provide temporary physical therapy services for County for
specified peak loads, temporary absences, or emergency situations.
Contractor is not a County employee.
b. Oualifications. Contractor hereby certifies and assures that
he/she is specially trained, experienced, competent, and currently licensed
to perform special physical therapy services. Contractor shall comply with
the Joint Commission on Accreditation of Hospitals physical therapy service
recommendations for use of outside services.
c. Patient Records. Contractor will complete his/her patients'
records and charts on a timely basis.
d. Charges for Services. Contractor shall not charge patients, or
other persons responsible for patients, for the services provided under this
Contract.
3. 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.
4. Confidentiality. Contractor agrees to comply with all applicable State
or Federal statues 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 records concerning any individual made or kept by Contractor
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 any list of persons receiving
services, except as may be required in the administration of such service.
5. Access to Books and Records of Contractor. 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
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retractor Cou ty Dept.
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ADDITIONAL PROVISIONS
Number 26-230-3
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 for services
provided to patients under this Contract.
6. 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.
7. Withholding and FICA Deductions. Notwithstanding Paragraph 8.
(Independent Contractor Status) of this Rehabilitation Services Contract, for
purposes of withholding state and federal taxes and Social Security only from
payments due, the Contractor will be treated as an employee and the Auditor-
Controller will make deductions for these purposes as if Contractor was an
employee. Contractor agrees that for all other purposes, Contractor is not
a County employee and remains an independent contractor. Contractor further
agrees that the County has no obligation to provide, and Contractor will not
be provided with, worker's compensation insurance or fringe benefits,
including but not limited to, vacation, sick leave, retirement and health
plan coverage.
8. 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 products 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.
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Contractor Co y Dept.
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