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HomeMy WebLinkAboutMINUTES - 01251994 - 1.49 To: BOARD OF .SUPERVISORS T FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts Administrato COSta DATE: December 13, 1993 County SUBJECT: Approval of Short Form Service Contract #23-124-7 with Willa O'Leary 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, Short Form Service Contract #23-124-7 with Willa O'Leary, for the period from January 1, 1994 through June 30, 1994, in the amount of $24, 9991 for provision of Utilization Review nursing services at Merrithew Memorial Hospital. II. FINANCIAL IMPACT: Funding for. . this Contract is included in the Health Services Department's Enterprise I Budget for Fiscal Year 1993-94 . Approval of this Contract will result in a cumulative twelve-month total in. excess of $25, 000, and therefore, Board of Supervisors approval is required.. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On July 13 , 1993, the Board of Supervisors approved Contract #23-124-6 with Willa O'Leary for provision of utilization review nursing services. Approval of Short Form Service Contract #.23-124-7 will allow the Contractor to continue these services at Merrithew Memorial Hospital through June 30, 1994 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION OF BOARD CO MITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS UNANIMOUS (ABSENT ) 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 OF SUPERVISORS ON THE DATE SHOWN. Contact: Patrick Godley (370-5007) CC: Health Services (Contracts) ATTESTED Risk Management PhII tehelor,Cle the 8 Auditor—Controller Supervisors and County Ad, ,nistra.tor Contractor M382/7-83 BY DEPUTY Contra Costa County Number 23-124-7 *Sraida�rd Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org # 6558 Account # 2821 1. Contract Identification. Other # Department: Health Services - Office of the Director/Finance Subject: Provision of Utilization Review Nursing 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: Contractor: WILLA O'LEARY Capacity: Self-employed individual Taxpayer ID # 467-50-2128 Address: 4924 John Muir Road, Martinez, California 94553 3. Term. The effective date of this Contract is January 1,_ 1994 and it terminates June 30, 1994 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 $ 24,999 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 Contractor's submission of a properly documented demand for payment (County Demand Form D-15) which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered, 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] (X) hour; or [X1 a. FEE RATE: $ 30.00 per service unit: ( ) session, as defined below; or ( ) calendar (day, week or month) NOT TO EXCEED a total, of 833.3 service unit(s) . [ ] b. Payment in full after approval by the Department. [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: Professional services as a Utilization Review Registered Nurse for Merrithew Memorial Hospital's Utilization Review Department. Contractor's services hereunder shall be subject to the attached Additional Provisions which are incorporated herein by reference. 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, 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. 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. -1- Contra Costa County SHORT FORM SERVICE CONTRACT Number 23-124-7 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 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, 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 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, the Comptroller General, the County, 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. 13. Reporting 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. 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, servants, 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 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. 15.. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. SignatuAs. These signatures attest the parties' agreement hereto: C UNTY 0 C tNT S CALIFORNIA CONTRACT By Designee By Approved: ' County Administrator Self-employed individual (Capacity) By - Designee Reco de d by epartment By� Designee [Form approved by County Counsel] -2- ADDITIONAL PROVISIONS Number 23-124-7 1. County' s Activity Support. County shall provide for Contractor certain office space, clerical support, office supplies and services, materials, equipment, facilities, and assistance as may be mutually determined to be necessary to support Contractor's activities hereunder, but excluding the use of County cars. 2 . Withholding and FICA Deductions. Notwithstanding Paragraph 10. (Independent Contractor Status) of the 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. 3 . , 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. Initials:��✓��'"J Contractor County Dept.