HomeMy WebLinkAboutMINUTES - 04191994 - 1.116 TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director �~ 'ea�0 Contra
By: Elizabeth A. Spooner, Contracts Administrator COSta
DATE: march 24, 1994 County
SUBJECT: Approval of Rehabilitation Services Contract #26-246-3 with
Jonel Weber
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his Designee
(Frank Puglisi) , to execute on behalf of the County, Rehabilitation
Services Contract #26-246-3 with Jonel Weber, for the period from
April 1, 1994 through March 31, 1995, with a payment limit of $56,000,
for provision of physical therapy services at Merrithew Memorial
Hospital and Clinics.
II. FINANCIAL IMPACT:
This contract is included in the Health Services Department Enterprise
I budget, to be funded by salary savings generated through vacant
physical therapy positions.
III. REASONS FOR RECOMMENDATIONSIBACKGROUND:
On April 20, 1993 , the Board of Supervisors approved Rehabilitation
Services Contract #26-246-2 with Jonel Weber, for physical therapy
services at Merrithew Memorial Hospital and Clinics, for the period
from April 1, 1993 through March 31, 1994. 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 Jonel Weber provides more predictable coverage than the
registries.
Approval of Rehabilitation Services Contract#26-246-3 will allow the
Contractor to continue providing physical therapy services through
March 31, 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ONw�iQ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
�L 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
O
Contact: Frank Puglisi (370-5100) F SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED �,,, adn 199q
Risk Management PIM Batchelor,Clerk of the Board of
Auditor-Controller Suvervisors and County Administrator
Contractor
M38e/7-e3 BY ��d DEPUTY
Contra Costa County
REHABILITATION SERVICES CONTRACT
Contract # 26-246-3
x , o t �' t� Identification. ;"� "`
D'ep rtment: ` Health Services (Hospital and Clinics
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: JONEL WEBER Physical Therapist Asst.
Capacity: Self-employed individual License # AT259
Address: 10 Morningside Place, Walnut Creek, California 94595
3 . Term. The effective date of this Contract is April 1, 1994
and it terminates March 31, 1995 unless sooner terminated as
provided herein.
4. Payment Limit. County's total payments to Contractor under this
Contract shall not exceed $ 56,000
5. Termination. Should Contractor fail to per py. ' pyyo aqy of its
obligations hereunder, County may terminated "0 .
� i�tr ct upon
1 ' -m
written notice to Contractor. This Contract==ma a� o to mated
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 r �Ilat' ons which are incorporated herein by reference.
7. Cori .,t' & ions. Contractor shall provide those services
an(&ca' �t)6 , th 3t 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.
AFT
h.
: h
1
REHABILITATION SERVICES CONTRACT
Contract # 26-246-3
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:
By Taxpayer ID# 557-88-8539
Designee
Recommended by Department
By (Form approved: County Counsel)
Designee
2
ADDITIONAL PROVISIONS
Number 26-246-3
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: $ 28.00 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:
Contractor County Dept.
1
ADDITIONAL PROVISIONS
Number 26-246-3
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. Qualifications. 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 26-246-3
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 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.
Initials:
Contractor County Dept.
3