HomeMy WebLinkAboutMINUTES - 04201993 - 1.64 TO: BOARD OF SUPERVISORS t
FROM: Mark Finucane, Health Services Director v w M� Cwtra
By: Elizabeth A. Spooner, Contracts Administrator COr4n
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DATE: March 29, 1993 49 COurty
SUBJECT: Approval of Contract Agreement #26-225-5 with Phyllis Wilks, RPT
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 #26-225-5, for the period from April 1,
1993 through March 31, 1994, with a payment limit of $60,000, with Phyllis Wilks,
RPT, for provision of physical therapy services at Merrithew Memorial Hospital and
Clinics.
II. FINANCIAL IMPACT:
Funding for this Rehabilitation Services Contract is included in the Health Services
Department Enterprise I Budget, to be funded by salary savings generated through
vacant physical therapy positions. As appropriate, patients and/or third party
payers will be billed for services.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On May 5, 1992, the Board approved Contract #26-225-3 with Phyllis Wilks, RPT, for
physical therapy services at Merrithew Memorial Hospital and Clinics for the period
from May 1, 1992 through March 31, 1993. Subsequently, the Board approved Contract
Amendment Agreement #26-225-4. 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 Phyllis Wilks provides more predictable coverage than
the registries.
Approval of Rehabilitation Services Contract Agreement #26-225-5 will allow the
Contractor to continue providing physical therapy services through March 31, 1994.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MMEN TI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 775 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
L
X 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
Contact: Frank Puglisi, Jr. (370-5100) OF SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED `1) e9 '
Risk Management Phil 68tcheh Clerk of the 803rd of
Auditor-Controller Su^ervisors and County Administrator
Contractor
M382/7-83 BY
DEPUTY
1 -64
Contra Costa County
REHABILITATION SERVICES CONTRACT
Contract # 26-225-5
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:
Contractor: PHYLLIS WILKS, RPT Physical Therapist
Capacity: Self-employed individual License # 16611
Address: 705 Everitt Memorial Highway, Mt. Shasta, California 96067
3. Term. The effective date of this Contract is April 1, 1993 and it
terminates March 31. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract
shall not exceed $ 60,000
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 cancelled 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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Ab
REHABILITATION SERVICES CONTRACT
Contract # 26-225-5
10. Insurance and Indemnification Throughout the term of this contract,
Contractor shall maintain all necessary insurance for services to be provided by
Contractor hereunder, 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 161W � i SO�i By
Designee /
Approved: County Administrator Dated: 7,//�J./'/
By Taxpayer ID#_ 564-74-4868
Designee
Recommended by Department
By
Designee (Form approved by County Counsel)
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ADDITIONAL PROVISIONS
Number 26-225-5
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: $ 40.00 per hour of temporary work, as defined below.
b. Hour of Temporary Work. 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.
Initials: C�
Contractor County Dept.
1
ADDITIONAL PROVISIONS
Number 26-225-5
2. Contractor's Obligations.
a. Service Specification. 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.
Initials:
Contractor County Dept.
2
ADDITIONAL PROVISIONS
Number 26-225-5
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 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 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.
Initials:
Contractor County Dept.
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