HomeMy WebLinkAboutMINUTES - 04191994 - 1.123 TO: - ' BOARD OF SUPERVISORS �`
FROM: Mark Finucane, Health Services Director�'Q�'�° Contra
By: Elizabeth A. Spooner, Contracts Administrat Costa
DATE: March 24, 1994 County
SUBJECT: Approval of Rehabilitation Services Contract Agreement #26-225-6
with Phyllis Wilks, RPT
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 #26-225-6, for the period from April 1, 1994 through
March 31, 1995, 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 April 20, 1993, the Board approved Rehabilitation Services Contract
#26-225-5 with Phyllis Wilks, RPT, 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
Phyllis Wilks provides more predictable coverage than the registries.
.Approval of Rehabilitation Services Contract Agreement #26-225-6 will
allow the Contractor to continue providing physical therapy services
through March 31, 1995.
CONTINUED ON ATTACHMENT: - YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE __ OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
VUNANIMOUS (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
Risk Management Phil Batche ,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M 892/7-93 ,
BY � o 9k Qom_ DEPUTY
Contra Costa County
REHABILITATION SERVICES CONTRACT
Contract # 26-225-6
1. Contract Identification.
Department: Health Services (Hospital and Clinics Division)
Subject: Provision of Physical Therapy Se c 17
2. Partite e t of Contra Costa Calif , �' for its
� Y Y)
Defed bove, and the following na d o r or utually
ag e n is. as follows:
Contractor: PHYLLIS WILRS, 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, 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 $ 660,000
5. Termination. Should O ntr�tgot ail, to perform property any of its
obligations hereunder, }�ay terminate this Contract upon
written notice to Contracto�r�J _Y}4 s 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
cQ c Bate the relationship of agent,s va , yee,
d '�4 ' ' g o �i .
par. erj int venture, or association. f egvices
h"lareu�JW
n tactor shall work cooperatively w s I ealth
y is t�:J ID 111
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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REHABILITATION SERVICES CONTRACT
Contract # 26-225-6
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 By
Designee
Approved: County Administrator Dated:
.By Taxpayer ID# 564-74-4868
Designee
Recommended by Department
By (Form approved by County Counsel)
Designee
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ADDITIONAL PROVISIONS
Number 26-225-6
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:
Contractor County Dept.
1
ADDITIONAL PROVISIONS
Number 26-225-6
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 26-225-6
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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