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HomeMy WebLinkAbout25231COUNTY OF FRESNO PURCHASL -JG DATE: 1012312007 THlS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DEClSlONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTlONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED TO THE COUNTY'S PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: 2800488 VENDOR NUMBER: 0000259691 CONTRACT TITLE: Locumtenens Service -Psychiatrist NAME IADDRESS: LocumTenens.Com CONTRACT PERIOD: 9/24/2007 thru 1/3112008 ;$~~NaUDE wLT'"E USING AGENCIES: Behavioral Health Net 45 DaysTERMS: DELIVERY TERMS: DELIVERY TIME:BUYER:AB -Gary W. Parkinson CONTRACT VALUE: $100,000.00 Maximum LOCATION: 3650 Mansell Road, Suite 310 Alpharetta, GA 30022 REPRESENTATIVE: Pamela Wagner TELEPHONE: (770) 643-5638 FAX: (770) 643-5797 E-MAIL: BOARWGROUPISTATE CONTRACT NO: REQUISITION NOS: 5638009507 ~ew Cancellation Reference: q~enewal Short Term Tic Date: n~djustment Evergreen Code: %2 0~dd0n Kill REPORTS: None Org: 5630 Supersedes COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: SPECIAL CONDITIONS FOR USE: Short-Term Contract -No Renewal Clause in Agreement. DISTRIBUTION REQUESTEWBYIDATE ADDITIONAL DISTRIBUTION CONTRACT FILE Id BWER El -- VEMOR ---*---AAWrrOR or , DEPARTMENT BehevwelHeelh REQlflSmONER ke Grewal El- EIGWPA-91i7m7 Extract Page 1 of 1 Countv of Fresno DEPARTMENT OF GENERAL SERVICES JOHN A. NAVARRElTE, DIRECTOR PURCHASING DIVISION ARPl K. APKARIAN, DEPUTV DIRECTOR OF GENERAL SERVICES PROCUREMENT AGREEMENT Agreement Number: 2 800 $' 8 /3 September 12,2007 LocumTenens.Com 3650 Mansell Road, Suite 31 0 Alpharetta, Ga, 30022 The County of Fresno (County) hereby contracts with LocumTenens.Com (Contractor), a Georgia State Corporation, for locum tenen services in accordance with Attachment A, attached hereto and by this reference incorporated herein. TERM: This Agreement shall become effective upon execution and shall remain in effect through January 31, 2008. CONTRACTOR'S SERVICES: Contractor shall perform the services at the rates described in Attachment "A." ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The fees paid by County shall be considered the prevailing market price at the time such purchase is made. INVOICING: Itemized invoices in duplicate shall be mailed to the Department of Behavioral Health, 4441 E. Kings Canyon Road, Fresno, CA 93702 Attn: Administration Staff Analyst. The Agreement number must appear on all documents and invoices. Invoice terms shall be Net 45 Days. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of $100,000. TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services provided to the date of termination. 4525 East Hamllton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7110 / Fax (559)456-7831 Equal Employment Opportunity Aftlrmatlve Action Disabled Employer PROCUREMENT AGREEMENT NUMBER: Page 2 LocumTenens.com September 12,2007 LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS: Contractor shall, as required by law, ordinance, code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, and employees from any and all claims for damage or other liability, including attorney fee and court costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its officers or employees under this Agreement. Notwithstanding the foregoing, Contractor's obligation to indemnify does not extend to any acts or omissions of providers supplied by Contractor pursuant to this Agreement. INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A. Commercial General Liability Commercial General Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground (XCU), fire legal liability or any other liability insurance deemed necessary because of the nature of this Agreement. B. Automobile Liability In order to be authorized travel by a private vehicle or be reimbursed for such travel, the locum tenens provider must possess automobile insurance with limits of not less than $1 00,000/$300,000 public liability, and $25,000 property damage, or a combined single limit of $300,000 public liability, and $25,000 property damage, or a combined single limit of $300,000. C. Professional Liability Contractor shall ensure that all locum tenens licensed psychiatrists supplied pursuant to this agreement carry Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. C:\DOCUMENTS AND SETTINGS\ETHOMASOMLOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKD\LOCUMTENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Page 3 LocumTenens.com September 12,2007 D. Worker's Com~ensation A policy of Worker's Compensation insurance as may be required by the California Labor Code for Contractor employees. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor may provide verification of said insurance "Certificate Holder.'' Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health, Attn: Contracts, 4441 E. Kings Canyon Rd., Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable C:\DOCUMENTS AND SElTINGS\ETHOMASON\LOCAL SElTlNGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Page 4 LocumTenens.com September 12,2007 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. As highly trained professionals, the psychiatrists, referred by the Contractor will perform professional services as independent contractor(s) and will not be considered County employees. The psychiatrists are not employees of the Contractor for any purpose. It is understood that Contractor shall not be responsible for making health care decisions and will only be referring psychiatrists needed by Fresno County Department of Behavioral Health. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement; and 2) Attachment "A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Gary Parkinson, Purchasing Manager, at (559) 456- 7110 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO Deputy Director of General Services 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: ' AKA:JAB C:WCUMENTS AND SElTINGS\IGREWAL\DESKTOP\LOCUM nLOCUM TENUM FINAL AFTER CC(2) (3).DOC C:\DOCUMENTS AND SElTINGS\ETHOMASON\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Page 5 LocumTenens.com September 12,2007 CONTRACTOR TO COMPLETE: Company: oc am.nu\h. chlr\ Type of Entity a Individual a Limited Liability Company Sole Proprietorship IJ Limited Liability Partnership dorporation . General Partnership 04 i-~SSO~~~Q,rc t+~/ 9:3/0,l (Chairman of Board, or President, or any Vice President) Date Signed by: Th8& mek LY - Print Name and Title Secretary (~feor~oration), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer Address Gr9 3aozt Address State Zip Accounting Use Only ORG No.: 56302003 Account No.: 7294 Requisition No.: 5638009505 (05107) C:\DOCUMENTS AND SETTINGS\ETHOMASOMLOCAL SEITlNGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Attachment Page 1 of 4 LocumTenens.com September 12,2007 A TTACHMENT '34 '" SERVICES CONTRACTOR agrees to provide the following: Credentialed Psychiatrists who shall perform medication review and new client assessments for the adult outpatient psychiatric clinic during regular County work hours defined as 8:00 a.m. to 5:00 p.m., Monday through Friday (excluding holidays), and shall not include overtime or on-call duty. In addition, CONTRACTOR agrees to provide and comply with the following: Compensation for the psychiatrist(s) directly. Arrangement of transportation for the psychiatrist(s) within the community. Arrangement of reasonable living accommodations for the psychiatrist(s) outside of the COUNTY work facility. Arrangement of round-trip transportation for the psychiatrist(s) to the County of Fresno. Verification of psychiatrist licensure, as necessary. Approval for COUNTY to retain income generated by services of CONTRACTOR'S referred officers, agents, or employees providing services pursuant to this Agreement. CONTROL REOUIREMENTS The COUNTY and CONTRACTORS, their officers, agents, and employees shall provide services in accordance with all applicable Federal and State statutes and regulations. PROFESSIONAL LICENSURE All (professional level) persons employed by the COUNTY Mental Health Program (directly or through contract) providing Short-Doylemedi-Cal services have met applicable professional licensure requirements pursuant to Business and Professiom and Welfare and Institutions Codes. CONTRACTORS, their officers, agents, and employees shall comply with applicable laws and regulations, including but not limited to section 5328 et seq. of the California Welfare and Institutions Code regarding the confidentiality of patient informationand the Federal Health Insurance Portability and Accountability Act (HIPAA). C:\DOCUMENTS AND SETTINGS\ETHOMASOMLOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Attachment Page 2 of 4 LocurnTenens.corn September 12,2007 II. CONTRACTORS, their officers, agents, and employees shall protect, from unauthorized disclosure, names, and other identifylng information concerning persons receiving services pursuant to this contract, except for statistical information This pertains to any and all persons receiving services pursuant to a California State Department of Mental Health funded program. CONTRACTORS, their officers, agents, and employees shall not use such identifjlng information for any purpose other than carrying out the CONTRACTORS' obligations under this contract. III. CONTRACTORS, their officers, agents, and employees shall not disclose, except as otherwise specifically permitted by this contract or authorized by the cliedpatient, any such identifyrng information to anyone other than the County or State without prior written authorization from the County or State in accordance with State and Federal laws. For purposes of the above paragraphs, identifjmg informationshall include, but not be limited to, name, identifylng number, symbol, or other identifjmg particular assigned to the individual, such as finger or voice print, or a photograph. J. NON-DISCRIMINATION CONTRACTORS, their officers, agents, and employees shall not employ any unlawful discriminatory practices in the admission of patients, assignment of accommodations, treatment, evaluation, employment of personnel, or in any other respect on the basis of race, color, gender, religion, marital status, national origin, age, sexual preference, or mental or physical handicap, in accordance with the requirements of applicable Federal or State Law. II. During the performaxe of this contract, CONTRACTORS, their officers, agents, and employees shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, mental or physical handicap, medical condition, marital status, age, or sex. CONTRACTORS, their officers, agents and employees shall comply with the provisions of the Americans with Disabilities Act of 1990, the Fair Employment and Housing Act (Government Code, section 12900, et seq.), and the applicable regulations promulgated there under (California Code of Regulations, Title 2, section 7285 et seq.). CONTRACTORS, their officers, agents, and employees shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, section 12990, set forth in Chapter 5, Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. CONTRACTORS, their officers, agents, and employees shall give written notice of its obligations under this clause to labor organizations with which they have a collectivebargaining or other agreement. C:\DOCUMENTS AND SElTINGS\ETHOMASON\LOCAL SElTINGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC PROCUREMENT AGREEMENT NUMBER: Attachment Page 3 of 4 LocumTenens.com September 12,2007 m. CONTRACTORS, their officers, agents, and employees shall comply with the provisiorls of section 504 of the Rehabilitation Act of 1973, as amended, pertaining to the prohibition of discrimimtion against qualified handicapped persons in all federally assistedprograms or activities, as detailed in regulations signed by the Secretary of Health and Welfare Agency, effective June 2, 1977, and found in the Federal Register, Volume 42, No. 86, dated May 4, 1977. PATIENTS' RIGHTS CONTRACTORS, their officers, agents and employees shall comply with applicable laws and regulations, including but not limited to, laws, regulations, and State policies relating to patients' rights. RATES Department of Behavioral Health (DBH) agrees to pay Contractor and Contractor agrees to receive compensation based on aforesaid services performed by the locum tenens psychiatrist referred by Contractor at the following rate: Fresno County Department of Behavioral Health shall pay Contractor an all-inclusive rate of One Thousand One Hundred Sixty and No/100 Dollars ($1,160.00) per each eight (8) hour day for each qualified psychiatrist licensed to practice in the State of California referred by Contractor. This payment shall be all inclusive and Contractor shall pay the psychiatrist for wages and all incidentals including transportation (to and from doctors home plus local transportation), food and housing. Besides this all inclusive rate of $1,160.00 for each eight hour day, County shall not be responsible for any other charges directly and indirectly borne by the Contractor or the referred psychiatrist to fulfill this agreement. The daily payment rate shall be prorated on an hourly basis, in the event the psychiatrist does not provide services for a full eight (8) hour day. /I/ I// //I //I //I //I I// I// /I/ /I/ I// C:\DOCUMENTS AND SETTINGS\ETHOMASON\LOCAL SElTINGS\TEMPORARY INTERNET FILES\OLKD\LOCUM TENUM FINAL AFTER CC(2) (3).DOC