HomeMy WebLinkAboutMaster Agreement-Occupational Physical Therapy Services_ A-19-292 .pdfCounty of Fresno
Board of Supervisors
Minute Order
Hall of Records, Room 301
2281 Tulare Street
Fresno, California
93721-2198
Telephone: (559) 600-3529
Toll Free: 1-800-742-1011
www.co.fresno.ca.us
June 18, 2019
Present:Chairman Nathan Magsig, Vice Chairman Buddy Mendes, Supervisor Steve Brandau,
Supervisor Brian Pacheco, and Supervisor Sal Quintero
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Agenda No. 52.Public Health File ID: 19-0655
Approve and authorize the Chairman to execute a Master Agreement for Occupational and Physical
Therapy Services, effective July 1, 2019, not to exceed five consecutive years, which includes a
three-year base contract and two optional one-year extensions, total not to exceed $4,286,875; and,
approve and authorize the Director of the Department of Public Health, or designee, to add and/or
delete qualified contractors to the Master Agreement, as necessary
Re:
APPROVED AS RECOMMENDED
Ayes:Magsig, Mendes, Brandau, Pacheco, and Quintero5 -
Agreement No. 19-292
Page 54County of Fresno
Board Agenda Item 52
DATE:June 18, 2019
TO:Board of Supervisors
SUBMITTED BY:David Pomaville, Director, Department of Public Health
SUBJECT:Master Agreement for Occupational and Physical Therapy Services
RECOMMENDED ACTION(S):
1.Approve and authorize the Chairman to execute a Master Agreement for Occupational and
Physical Therapy Services, effective July 1, 2019, not to exceed five consecutive years,
which includes a three-year base contract and two optional one-year extensions, total not to
exceed $4,286,875.
2.Approve and authorize the Director of the Department of Public Health, or designee, to add
and/or delete qualified contractors to the Master Agreement, as necessary.
Approval of the first recommended action will allow the Department of Public Health to utilize contracted
pediatric occupational and physical therapy services, a California Department of Health Care Services
(DHCS) mandated component of the California Children’s Services (CCS) Medical Therapy Program (MTP).
County Human Resources and the Department of Public Health have had challenges filling permanent
Physical and Occupational Therapist positions. Approval of the second recommended action will authorize
the Director of the Department of Public Health to add and/or delete qualified contractors to/from the
agreement without modifying the terms or conditions of the agreement. The proposed agreement will be
funded with DHCS and Health Realignment monies, with no Net County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Department will continue to maintain a
waitlist for approximately 552 children needing occupational therapy services and approximately 87 children
needing physical therapy services.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The maximum
compensation for the recommended agreement is $857,375 per twelve-month period; $4,286,875 for the
five-year term, funded by DHCS (50%) and Health Realignment (50%). Sufficient appropriations and
estimated revenues will be included in the Department’s Org 5620 FY 2019-20 Requested Budget and will
be included in subsequent budget requests for the terms duration. Actual costs will be based on actual
services provided.
DISCUSSION:
The MTP is a specialty program within CCS that provides medically necessary outpatient occupational
therapy (OT), physical therapy (PT), and medical therapy conference (MTC) services for children ranging in
Page 1 County of Fresno File Number: 19-0655
File Number: 19-0655
age from 0 to 21 with disabilities and special needs conditions, generally due to neurological or
musculoskeletal disorders. The services are provided on-site at Medical Therapy Units (MTU) located at
three county public elementary schools: Clovis, Powers-Ginsburg, and Storey. Currently, 769 eligible
children receive services at the MTUs; services are provided by departmental employees and contracted
provider, Goodfellow Occupational Therapy Services (Goodfellow) (Agreement P-15-007-O). Since 2014,
the Department has contracted with Goodfellow to provide on-site pediatric OT/PT services. The contract is
a valuable resource to the CCS MTP in addressing the number of children on OT/PT waitlists and
challenges with vacant departmental OT and PT positions. The agreement with Goodfellow is scheduled to
terminate on June 30, 2019.
CCS MTP anticipates a continued need for pediatric OT/PT contracted services to address the number of
CCS waitlisted children. The Department, in consultation with the Department of Internal Services -
Purchasing Division, determined that the most effective method to establish a vendor list was a Request for
Statement of Qualifications (RFSQ) for the establishment of a Master Agreement. Prior to the release of an
RFSQ, the Department conferred with the Human Resources Department - Labor Division, which
determined that no collective bargaining issue existed.
On March 11, 2019, the Department issued RFSQ No. 19-059 to solicit vendors capable of providing the
necessary OT and PT services to MTP clients. The RFSQ notice was distributed to 11 local pediatric
OT/PT agencies and published on the County’s Public Purchase site. The RFSQ closed on March 28, 2019
and received three proposals from a licensed OT company and two recruitment agencies specializing in
healthcare staffing. All have submitted documentation and references as proof of their qualifications
affirming their capability to provide the necessary OT and PT staffing services. The recommended
agreement includes two of the three contractors, as one respondent was unable to submit all documentation
prior to completion of this item; the Department will exercise section 15 of the agreement to add the third
contractor at a later date.
The recommended agreement delegates the authority to the Department’s Director to add and/or remove
contractors to/from the agreement as they are identified, deemed qualified, and agree to the terms and
conditions of the agreement subject to County Counsel’s legal review and the Auditor Controller/Treasurer
Tax Collector’s accounting review.
REFERENCE MATERIAL:
BAI #35, March 7, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Master Agreement for Occupational and Physical Therapy Services
CAO ANALYST:
Sonia M. De La Rosa
Page 2 County of Fresno File Number: 19-0655
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M A S T E R A G R E E M E N T
THIS MASTER AGREEMENT (“Agreement”) is made and entered into this day of June of
2019, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
hereinafter referred to as "COUNTY", and each contractor (CONTRACTOR) listed in Exhibit A, attached
hereto and by this reference incorporated herein, collectively hereinafter referred to as “CONTRACTORS”,
and such additional CONTRACTORS as may, from time to time during the term of this Agreement, be
added by COUNTY. COUNTY and each CONTRACTOR may be referred to as a “Party” or collectively as
“Parties” to this Agreement.
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Public Health (DPH) California Children’s
Services (CCS) - Medical Therapy Program (MTP), is in need of Occupational Therapy (OT) and Physical
Therapy (PT) services to be performed by qualified Occupational Therapists and Physical Therapists
licensed by the State of California; and
WHEREAS, COUNTY DPH CCS-MTP is mandated by the California State Law to provide
prescribed OT and PT services for children, ranging from birth to 21 years old, with handicapping
conditions, generally due to neurological, musculoskeletal or other medical disorders, such as but not
limited to, cerebral palsy and spina bifida; and
WHEREAS, COUNTY issued Request for Statement of Qualifications No. 19-059 (RFSQ) soliciting
proposals from qualified CONTRACTORS to provide onsite Occupational Therapy (OT) and Physical
Therapy (PT) contracted services to the children, ranging from birth to 21 years of age, enrolled in
COUNTY’s California Children’s Services (CCS) Medical Therapy Program (MTP) at MTP operated
Medical Therapy Units (MTUs) located at three (3) local school sites in Fresno County; and
WHEREAS, CONTRACTORS, are willing to provide experienced and qualified staff who can
perform Occupational and / or Physical Therapy services to COUNTY’s DPH CCS – MTP’s Medical
Therapy Units (MTUs) pursuant to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the Parties hereto agree as follows:
18th
Agreement No. 19-292
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1. OBLIGATIONS OF THE CONTRACTOR
A. CONTRACTORS shall provide the COUNTY-DPH CCS-MTP’s required
Occupational and Physical Therapy services in accordance with the scope of work, requirements, terms
and conditions of RFSQ No. 19-059 attached hereto as Exhibit B; and each CONTRACTOR’s submitted
proposal, identified as Exhibits C-1 and C-2, attached hereto and by this reference incorporated herein.
CONTRACTORS agree to provide only qualified and State licensed Occupational Therapists and
Physical Therapists to fulfill all responsibilities identified in the Scope of Work section identified in Exhibit
B.
B. CONTRACTORS warrant that they possess all licenses and certifications required
by local, State of California and/or Federal laws and regulations for the conduct of their business and
shall operate their business in accordance with all applicable laws and regulations. CONTRACTORS
shall further warrant that all of its personnel performing services under this Agreement shall be licensed
and certified where required, to lawfully perform their duties and shall maintain such licensure and
certifications identified in the Comply/Non-Comply section of Exhibit B attached hereto and by this
reference incorporated herein, throughout the term of this Agreement.
C. CONTRACTORS shall submit copies of all licenses, certifications and applicable
medical clearances described in Comply/Not-Comply section of Exhibit B, prior to commencement of
work or services. County DPH CCS-MTP’s Rehabilitative Therapy Manager or designee shall review
and approve all submitted licenses, certifications and applicable clearances, and will initiate an order to
work if approved, in accordance with Exhibit B.
D. CONTRACTORS will ensure that CONTRACTOR’S Therapy staff will perform
assigned duties in accordance with the highest scientific, professional and ethical standards of their
profession and at all times will act within the policies, rules and regulations of the COUNTY, the State of
California Department of Health Care Services and local statutes and administrative regulations relating
to health.
E. CONTRACTORS shall provide licensed and qualified Occupational and/or
Physical Therapists to perform services onsite at the COUNTY’s Medical Therapy Units located within
COUNTY jurisdiction, 3 to 5 days per week, up to 8 hours per day, not to exceed nine thousand twenty-
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five (9,025) service hours annually, at times and dates mutually agreeable to both CONTRACTORS and
COUNTY. COUNTY’S CCS-MTP operates Medical Therapy Units (MTUs) located at three (3) local
school sites namely:
MTU LOCATION
Garfield MTU 1345 N. Peach Ave. Clovis
Ginsburg MTU 67 E. Ashlan Avenue, Fresno
Storey MTU 2444 S. Peach Avenue, Fresno
F. When a CONTRACTOR’s assignee is selected, the service assignment shall
remain in effect unless CONTRACTOR terminates service, or assignee fails to perform or comply with
the requirements identified in the Scope of W ork included in Exhibit B.
G. In the event CONTRACTOR’s Therapy staff must discontinue or terminate its
service at the assigned CCS-MTU location, CONTRACTORS shall provide COUNTY CCS-MTP’s
Rehabilitative Therapy Manager or designee at least two (2) work weeks notification of Therapy staff’s
discontinuation of service. This notification will allow the COUNTY to conduct necessary review and
selection of qualified Therapy services in accordance with the selection process in Exhibit D and prevent
disruption of mandated services to COUNTY CCS-MTP enrolled clients.
H. CONTRACTORS agree that the Agreement does not constitute a guarantee or
promise that any CONTRACTOR shall provide certain amount of work or services to COUNTY under
the terms of this Agreement. This Agreement does not constitute a guarantee or promise that the total
fee or any fee will be received by any CONTRACTOR.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY CCS –MTP’s Rehabilitative Therapy Manager or designee, at time of
need, shall submit request through written or electronic notif ication to CONTRACTORS listed in Exhibit
A for qualified and licensed Occupational Therapy and/or Physical Therapy staff.
B. COUNTY shall conduct a review and selection process specified in Exhibit D to
determine selection of CONTRACTOR based on two priority factors at the time services are needed at
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the CCS-MTUs. Availability of qualified staffing to provide the services and cost will be the primary
considerations in the selection process.
C. COUNTY CCS-MTP’s Rehabilitative Therapy Manager or designee shall review
and approve all of CONTRACTORS’ submitted licenses, certifications and applicable clearances as
identified in the Comply/Not Comply section of Exhibit B. Upon approval, COUNTY CCS-MTP’s
Rehabilitative Therapy Manager shall notify CONTRACTOR and provide assignment of MTU location,
work schedule and program’s onboarding process necessary to initiate the commencement of
CONTRACTORS’ service.
D. COUNTY does not guarantee or promise any certain amount of work or service
will be granted to CONTRACTORS under the terms and conditions of this Agreement. This Agreement
does not constitute a guarantee or promise that a total fee or any fee will be received by any
CONTRACTOR.
3. TERM
The term of this Agreement shall be for a period of three (3) years, commencing on July 1,
2019 through and including June 30, 2022. This Agreement may be extended for two (2) additional
consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days
prior to the first day of the next twelve (12) month extension period. The COUNTY DPH Director or his or
her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR’S satisfactory performance.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTORS thirty (30) days advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
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3) A substantially incorrect or incomplete report submitted to the COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the CONTRACTORS. Neither
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the CONTRACTORS the repayment to the
COUNTY of any funds disbursed to the CONTRACTORS under this Agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTORS
shall promptly refund any such funds upon demand.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTORS.
5. COMPENSATION/INVOICING
A. COUNTY agrees to pay CONTRACTORS for services satisfactorily performed
hereunder and CONTRACTORS agree to receive compensation at the hourly rates and other allowable
expense as deemed applicable, in accordance with each CONTRACTOR’S proposal submitted under
Request for Statement Qualification (RFSQ) No. 19-059.
B. COUNTY agrees to pay CONTRACTORS and CONTRACTORS agrees to receive
compensation according to the rates as identified in Exhibit E or proration thereof for the actual service
hours rendered. CONTRACTORS shall submit monthly invoices to the County of Fresno, Department of
Public Health, CCS, P.O. Box 11867, Fresno, CA 93775, Attention: MTP, Rehabilitative Therapy
Manager. Invoices shall include Name of Therapist, service type, service location and dates, contract
number, and number of service hours provided. In no event shall services performed under this
Agreement be in excess of Eight Hundred Fifty Seven Thousand Three Hundred Seventy-Five and
No/100 Dollars ($857,375.00) for each twelve (12) month period of this Agreement. It is understood that
all expenses incidental to CONTRACTORS performance of services except otherwise specified under
this Agreement shall be borne by CONTRACTORS.
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6. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONTRACTORS under this
Agreement, it is mutually understood and agreed that CONTRACTORS, including any and all of the
CONTRACTORS’ 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 CONTRACTORS 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.
CONTRACTORS 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, CONTRACTORS shall have absolutely
no right to employment rights and benefits available to COUNTY employees. CONTRACTORS shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, CONTRACTORS shall be solely responsible and save COUNTY harmless from all
matters relating to payment of CONTRACTORS’ 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.
7. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of
all the parties without, in any way, affecting the remainder. Any modifications, made pursuant to the above
provisions, shall be effective as to the CONTRACTORS identified in the written modification, and shall not
alter or affect the existing Master Agreement between COUNTY, and the remaining CONTRACTORS.
8. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other party.
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9. HOLD HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by CONTRACTORS, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of CONTRACTORS, its officers,
agents, or employees under this Agreement.
10. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTORS or
any third parties, CONTRACTORS, at its sole expense, shall maintain in full force and effect, the
following insurance policies throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
used in connection with this Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
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D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
E. Molestation
Sexual abuse/molestation liability insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence. Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall
be issued on a per occurrence basis.
E. Cyber Liability
Cyber Liability Insurance, with limits not less than Two Million Dollars ($2,000,000) per
occurrence or claim, Two Million Dollars ($2,000,000) aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as is undertaken by CONTRACTORS in this Agreement and shall
include, but not be limited to, claims involving infringement of intellectual property, including but not limited
to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft,
damage to or destruction of electronic information, release of private information, alteration of electronic
information, extortion and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond
to these obligations.
Additional Requirements Relating to Insurance
CONTRACTORS 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 CONTRACTORS’ policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date CONTRACTOR signs and 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 Public Health, P.O. Box
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11867, Fresno, CA 93775, Attention: Contracts Section – 6th Floor, 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 CONTRACTORS’ 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 CONTRACTORS fail 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 issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
11. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The parties to this Agreement shall be in strict conformance with all applicable
Federal and State of California laws and regulations, including but not limited to Sections 5328, 10850, and
14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title 42, Code of
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Federal Regulations (CFR), Section 56 et seq. of the California Civil Code and the Health Insurance
Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of Title 42,
United States Code (USC) and its implementing regulations, including, but not limited to Title 45, CFR,
Sections 142, 160, 162, and 164, The Health Information Technology for Economic and Clinical Health Act
(HITECH) regarding the confidentiality and security of patient information, and the Genetic Information
Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement, CONTRACTORS, as a Business
Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions,
activities or services for or on behalf of COUNTY, as specified in this Agreement, provided that such use
or disclosure shall not violate the Health Insurance Portability and Accountability Act (HIPAA), USC 1320d
et seq. The uses and disclosures of PHI may not be more expansive than those applicable to COUNTY,
as the “Covered Entity” under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as authorized for
management, administrative or legal responsibilities of the Business Associate.
B. CONTRACTORS, including its subcontractors and employees, shall protect, from
unauthorized access, use, or disclosure of names and other identifying information, including genetic
information, concerning persons receiving services pursuant to this Agreement, except where permitted in
order to carry out data aggregation purposes for health care operations [45 CFR Sections 164.504 (e)(2)(i),
164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any and all persons receiving services pursuant
to a COUNTY funded program. This requirement applies to electronic PHI. CONTRACTORS shall not use
such identifying information or genetic information for any purpose other than carrying out
CONTRACTORS’ obligations under this Agreement.
C. CONTRACTORS, including its subcontractors and employees, shall not disclose
any such identifying information or genetic information to any person or entity, except as otherwise
specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other law, required
by the Secretary, or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by
this Agreement or authorized by law, CONTRACTORS shall make reasonable efforts to limit PHI to the
minimum necessary to accomplish intended purpose of use, disclosure or request.
D. For purposes of the above sections, identifying information shall include, but not be
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limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such
as finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic tests of
family members of an individual or individual, manifestation of disease or disorder of family members of an
individual, or any request for or receipt of, genetic services by individual or family members. Family
member means a dependent or any person who is first, second, third, or fourth degree relative.
F. CONTRACTORS shall provide access, at the request of COUNTY, and in the
time and manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
Section 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR Section
164.524 regarding access by individuals to their PHI. With respect to individual requests, access shall
be provided within thirty (30) days from request. Access may be extended if CONTRACTORS cannot
provide access and provides individual with the reasons for the delay and the date when access may be
granted. PHI shall be provided in the form and format requested by the individual or COUNTY.
CONTRACTORS shall make any amendment(s) to PHI in a designated record set
at the request of COUNTY or individual, and in the time and manner designated by COUNTY in
accordance with 45 CFR Section 164.526.
CONTRACTORS shall provide to COUNTY or to an individual, in a time and
manner designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
permit COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
accordance with 45 CFR Section 164.528.
G. CONTRACTORS shall report to COUNTY, in writing, any knowledge or reasonable
belief that there has been unauthorized access, viewing, use, disclosure, security incident, or breach of
unsecured PHI not permitted by this Agreement of which it becomes aware, immediately and without
reasonable delay and in no case later than two (2) business days of discovery. Immediate notification shall
be made to COUNTY’s Information Security Officer and Privacy Officer and COUNTY’s DPH HIPAA
Representative, within two (2) business days of discovery. The notification shall include, to the extent
possible, the identification of each individual whose unsecured PHI has been, or is reasonably believed to
have been, accessed, acquired, used, disclosed, or breached. CONTRACTORS shall take prompt
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corrective action to cure any deficiencies and any action pertaining to such unauthorized disclosure
required by applicable Federal and State Laws and regulations. CONTRACTORS shall investigate such
breach and is responsible for all notifications required by law and regulation or deemed necessary by
COUNTY and shall provide a written report of the investigation and reporting required to COUNTY’s
Information Security Officer and Privacy Officer and COUNTY’s DPH HIPAA Representative. This written
investigation and description of any reporting necessary shall be postmarked within the thirty (30) working
days of the discovery of the breach to the addresses below:
County of Fresno County of Fresno County of Fresno
Dept. of Public Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-6439 (559) 600-6405 (559) 600-5800
P.O. Box 11867 P.O. Box 11867 333 W. Pontiac Way
Fresno, CA 93775 Fresno, CA 93775 Clovis, CA 93612
H. CONTRACTORS shall make its internal practices, books, and records relating to the
use and disclosure of PHI received from COUNTY, or created or received by the CONTRACTORS on
behalf of COUNTY, in compliance with HIPAA’s Privacy Rule, including, but not limited to the requirements
set forth in Title 45, CFR, Sections 160 and 164. CONTRACTORS shall make its internal practices, books,
and records relating to the use and disclosure of PHI received from COUNTY, or created or received by the
CONTRACTORS on behalf of COUNTY, available to the United States Department of Health and Human
Services (Secretary) upon demand.
CONTRACTORS shall cooperate with the compliance and investigation reviews
conducted by the Secretary. PHI access to the Secretary must be provided during the CONTRACTORS’
normal business hours, however, upon exigent circumstances access at any time must be granted. Upon
the Secretary’s compliance or investigation review, if PHI is unavailable to CONTRACTORS and in
possession of a Subcontractors, it must certify efforts to obtain the information to the Secretary.
I. Safeguards
CONTRACTORS shall implement administrative, physical, and technical safeguards
as required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and appropriately
protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates,
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receives, maintains or transmits on behalf of COUNTY and to prevent unauthorized access, viewing, use,
disclosure, or breach of PHI other than as provided for by this Agreement. CONTRACTORS shall conduct
an accurate and thorough assessment of the potential risks and vulnerabilities to the confidential, integrity
and availability of electronic PHI. CONTRACTORS shall develop and maintain a written information
privacy and security program that includes administrative, technical and physical safeguards appropriate to
the size and complexity of CONTRACTORS’ operations and the nature and scope of its activities. Upon
COUNTY’s request, CONTRACTORS shall provide COUNTY with information concerning such
safeguards.
CONTRACTORS shall implement strong access controls and other security
safeguards and precautions in order to restrict logical and physical access to confidential, personal (e.g.,
PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include the
following administrative and technical password controls for all systems used to process or store
confidential, personal, or sensitive data:
1. Passwords must not be:
a. Shared or written down where they are accessible or recognizable
by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c. Changed immediately if revealed or compromised; and
d. Composed of characters from at least three (3) of the following four
(4) groups from the standard keyboard:
1) Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
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CONTRACTORS shall implement the following security controls on each
workstation or portable computing device (e.g., laptop computer) containing confidential,
personal, or sensitive data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating
system/software vendor security patches.
CONTRACTORS shall utilize a commercial encryption solution that has received
FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
electronic media (including, but not limited to, compact disks and thumb drives) and on portable
computing devices (including, but not limited to, laptop and notebook computers).
CONTRACTORS shall not transmit confidential, personal, or sensitive data via e-
mail or other internet transport protocol unless the data is encrypted by a solution that has been
validated by the National Institute of Standards and Technology (NIST) as conforming to the Advanced
Encryption Standard (AES) Algorithm. CONTRACTORA must apply appropriate sanctions against its
employees who fail to comply with these safeguards. CONTRACTORS must adopt procedures for
terminating access to PHI when employment of employee ends.
J. Mitigation of Harmful Effects
CONTRACTORS shall mitigate, to the extent practicable, any harmful effect that
is suspected or known to CONTRACTORS of an unauthorized access, viewing, use, disclosure, or
breach of PHI by CONTRACTOR or its subcontractors in violation of the requirements of these
provisions. CONTRACTOR must document suspected or known harmful effects and the outcome.
K. CONTRACTORS’ Subcontractors
CONTRACTORS shall ensure that any of its contractors, including
subcontractors, if applicable, to whom CONTRACTORS provides PHI received from or created or
received by CONTRACTORS on behalf of COUNTY, agree to the same restrictions, safeguards, and
conditions that apply to CONTRACTORS with respect to such PHI and to incorporate, when applicable,
the relevant provisions of these provisions into each subcontract or sub-award to such agents or
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subcontractors..
L. Employee Training and Discipline
CONTRACTORS shall train and use reasonable measures to ensure compliance
with the requirements of these provisions by employees who assist in the performance of functions or
activities on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such
employees who intentionally violate any provisions of these provisions, including termination of
employment.
M. Termination for Cause
Upon COUNTY’s knowledge of a material breach of these provisions by
CONTRACTOR, COUNTY shall either:
1. Provide an opportunity for CONTRACTORS to cure the breach or end the
violation and terminate this Agreement if CONTRACTORS does not cure the breach or end the
violation within the time specified by COUNTY; or
2. Immediately terminate this Agreement if CONTRACTORS has breached a
material term of these provisions and cure is not possible.
3. If neither cure nor termination is feasible, the COUNTY’s Privacy Officer
shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and
conditions of this Agreement as written hereinabove, if: (1) CONTRACTOR(S) is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
finding or stipulation that the CONTRACTORS have violated a privacy or security standard or
requirement of the HITECH Act, HIPAA or other security or privacy laws in an administrative or civil
proceeding in which the CONTRACTOR is a party.
O. Effect of Termination
Upon termination or expiration of this Agreement for any reason,
CONTRACTORS shall return or destroy all PHI received from COUNTY (or created or received by
CONTRACTORS on behalf of COUNTY) that CONTRACTORS still maintains in any form, and shall
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retain no copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to extend
the protections of these provisions to such information, and limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible. This provision shall apply to PHI
that is in the possession of subcontractors or agents, if applicable, of CONTRACTORS. If
CONTRACTORS destroys the PHI data, a certification of date and time of destruction shall be provided
to the COUNTY by CONTRACTORS.
P. Disclaimer
COUNTY makes no warranty or representation that compliance by
CONTRACTORS with these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be
adequate or satisfactory for CONTRACTOR’s own purposes or that any information in
CONTRACTORS’ possession or control, or transmitted or received by CONTRACTORS, is or will be
secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTORS are solely
responsible for all decisions made by CONTRACTORS regarding the safeguarding of PHI.
Q. Amendment
The parties acknowledge that Federal and State laws relating to electronic data
security and privacy are rapidly evolving and that amendment of these provisions may be required to
provide for procedures to ensure compliance with such developments. The parties specifically agree to
take such action as is necessary to amend this agreement in order to implement the standards and
requirements of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to
the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
notice in the event that CONTRACTOR does not enter into an amendment providing assurances
regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA regulations and the HITECH Act.
R. No Third-Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions is
intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
CONTRACTORS and their respective successors or assignees, any rights, remedies, obligations or
liabilities whatsoever.
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S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as
necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State laws. The
parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
favor of a meaning that complies and is consistent with HlPAA and the HIPAA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the
HIPAA regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of CONTRACTORS as stated in this Section
shall survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any one
or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or
shall prohibit enforcement of any obligation on any other occasion.
13. NON-DISCRIMINATION
During the performance of this Agreement, CONTTRACTORS shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
military status or veteran status pursuant to all applicable State of California and Federal statutes and
regulation.
14. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
///
///
///
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COUNTY CONTRACTORS
Director, COUNTY OF FRESNO SEE Attachment A Department of Public Health P.O. Box 11867 Fresno, CA 93775
All notices between the COUNTY and CONTRACTORS provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
15. ADDITION AND DELETION OF CONTRACTORS
The Director of the Department of Public Health reserves the right at any time during this
Agreement to add and delete CONTRACTORS to those listed in Exhibit A, all subject to County Counsel
approval as to legal form and County Auditor-Controller/Treasurer-Tax Collector approval as to accounting
form. It is understood any such additions and deletions will not affect compensation paid to any other
CONTRACTOR, and therefore such additions and deletions may be made by COUNTY without notice to or
approval of the CONTRACTORS under this Agreement. Any such CONTRACTOR added must qualify
according to the terms of RFSQ No. 19-059. CONTRACTOR also agrees that inclusion on Exhibit A does
not constitute a guarantee or promise that any CONTRACTOR shall provide any certain amount of work or
services to COUNTY under this Agreement. Each CONTRACTOR understands that any such additions will
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not affect their compensation. These provisions apply to the termination of any CONTRACTOR listed in
Exhibit A. By executing a signature page, each CONTRACTOR becomes a signatory to this Agreement,
and agrees that it is party to this Agreement with the COUNTY and is bound by its terms.
16. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
17. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes
its status to operate as a corporation.
Members of the CONTRACTORS’ Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTORS are providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit F and incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
18. SEVERABILITY
The positions of this Agreement are severable. The invalidity or unenforceability of any
one provision in the Agreement shall not affect the other provisions.
19. ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire agreement between the
CONTRACTORS and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement.
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Agreement for Occupational Therapy and Physical Therapy Services with the County of Fresno
CONTRACTOR SIGNATURE PAGE
By: ___________________________________________________________
Print Name: ____________________________________________________
Title: ____________________________________________________
Date: ____________________________________________________
----------------------------------------------------------------------------------------------------------------------
By: ___________________________________________________________
Print Name: ____________________________________________________
Title: ____________________________________________________
Date: ____________________________________________________
===================================================================
E-Mail Address for Notices:
E-Mail Notice Contact Person’s Name:
Email Notice Contact Person’s Title:
===================================================================
Company Name:
Mailing Address:
City, State & Zip Code:
State in Which the Company Originally Registered:
===================================================================
Contact Telephone Number:
Contact Fax Number:
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EXHIBIT A
PARTICIPATING CONTRACTORS
CONTRACTOR AD DRESS RECEIVE AND SEND NOTICES
Cell Staff, LLC 1715 N. Westshore Blvd. Mac Lomax, Vice President
Suite 410, Recruit@cellstaff.com
Tampa, FL 33607 (855)561-1715
Goodfellow 2505 W. Shaw Ave. John Goodfellow, CEO
Occupational Suite 101, john@gftherapy.com
Therapy, Inc. Fresno, CA 93711 (559)228-9100 opt 2
EXHIBIT B
COUNTY OF FRESNO
REQUEST FOR
STATEMENT OF QUALIFICATIONS
NUMBER: 19-059
OCCUPATIONAL AND PHYSICAL THERAPY
SERVICES
Issue Date: March 11, 2019
Closing Date: MARCH 28, 2019 AT 2:00 P.M.
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Heather Stevens at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms state in this RFSQ.
Bid must be signed and dated by an authorized officer or employee.
COMPANY
CONTACT PERSON
ADDRESS
CITY STATE ZIP CODE
( )
TELEPHONE NUMBER E-MAIL ADDRESS
AUTHORIZED SIGNATURE
PRINT NAME TITLE
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Statement of Qualifications No. 19-059 Page 2
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TABLE OF CONTENTS
PAGE
KEY DATES .................................................................................................................... 3
OVERVIEW ..................................................................................................................... 3
BACKGROUND ............................................................................................................... 3
PROJECT ........................................................................................................................ 4
SCOPE OF WORK .......................................................................................................... 4
COMPLY/NOT COMPLY ................................................................................................. 5
SUBMITTAL .................................................................................................................... 6
CONTRACT TERM ......................................................................................................... 6
INSURANCE REQUIREMENTS ..................................................................................... 7
APPEALS ........................................................................................................................ 8
Statement of Qualifications No. 19-059 Page 3
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KEY DATES
RFSQ Issue Date: March 11, 2019
Written Questions for RFSQ Due: March 15, 2019 at 11:00 A.M.
Questions must be submitted on the Bid Page.
RFSQ Closing Date: March 28, 2019 at 2:00 P.M.
Statement of Qualifications must be electronically submitted on the
Bid Page on Public Purchase.
OVERVIEW
It is the intent of the County to engage several contractors under a master agreement to provide the
professional services described herein.
The County of Fresno, Department of Public Health (DPH) Children’s Medical Services Division – California
Children’s Services Program is soliciting the services of a contractor(s) who can provide Occupati onal
Therapy (OT) AND Physical Therapy (PT) services for children enrolled in California Children’s Services
(CCS) Medical Therapy Program (MTP). The CCS MTP is mandated by the California State Law to provide
prescribed OT and PT services for children, ranging from birth to 21 years old, with handicapping conditions,
generally due to neurological, musculoskeletal or other medical disorders, such as but not limited to, cerebral
palsy and spina bifida. The MTP operates Medical Therapy Units (MTUs) located at three (3) local school
sites in Fresno County. Each MTU is equipped to conduct the necessary special needs pediatric OT and PT
services onsite.
BACKGROUND
There are currently 769 children receiving both OT and PT services at the three (3) MTUs. The Departm ent
has had a continuous recruitment for five (5) vacant licensed Occupational and Physical Therapist positions,
but has not been successful in filling all. To meet the increasing medical therapy demands for Fresno County
CCS MTP eligible children and address the difficulty of recruiting qualified OT and PT personnel, contracted
services have been established since 2012. The OT and PT services provided by a current contractor
enables CCS MTP to provide the necessary services to qualified MTP clients in Fres no County. The
contractor’s annual cost based on FY 2017-18 services was approximately $845,000.00.
While CCS MTP has two (2) full time OTs and four (4) full time PTs, the contractor provides four (4) OTs,
ultimately leaving 87 children currently on the PT waitlist. Additional OT and PT resources are needed to
meet the demands of increasing numbers of CCS MTP eligible children in Fresno County. Should the County
be unable to procure continued contracted OT and PT services, the number of waitlisted children will be
upwards of 522 for OT services and 87 for PT services. The Request for Statement of Qualifications seeks
the continuation of contracted OT and PT services, and if possible from multiple local providers. It is the
intent of the County to engage several contractors under a master agreement to provide the professional
services described herein. CCS MTP’s goal is to provide timely and effective OT and PT services needed by
every CCS MTP qualified child in Fresno County.
Statement of Qualifications No. 19-059 Page 4
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PROJECT
Request for Statement of Qualifications to provide Occupational therapy (OT) and Physical therapy (PT)
contracted services to the children (ranging from birth to 21 years of age) enrolled in County of Fresno’s
California Children’s Services (CCS) Medical Therapy Program (MTP). The MTP operated Medical Therapy
Units (MTUs) located at three (3) local school sites namely:
MTU LOCATION
Garfield MTU 1345 N. Peach Ave., Clovis
Ginsburg MTU 67 E. Ashlan Avenue, Fresno
Storey MTU 2444 S. Peach Avenue, Fresno
The County anticipates a three (3) year base master services agreement, with the option to extend for two
(2) additional twelve (12) month periods, emanating from this RFSQ. The County will determine which
contractor to utilize based on two priority factors. T he first factor is which contractor will provide the required
services at the lowest rate. The second factor is contractor OT/PT staff availability.
SCOPE OF WORK
The Contractor shall provide licensed OT and/or PT services onsite at the three (3) MTUs located within
Fresno County, 3 to 5 days per week, up to 8 hours per day, not to exceed nine thousand twenty-five (9,025)
service hours annually. The following responsibilities include but may not be limited to:
A. Conduct OT and/or PT tasks in accordance with State and County regulations and guidelines
B. Evaluate, plan, schedule and provide treatment to assigned and scheduled clients
C. Complete required documentations accurately and in a timely manner, in accordance with State and
County regulations and guidelines
D. Communicate appropriate information to physicians, other MTP team members, parents, clients’
teachers and other agencies as needed to implement client treatment services
E. Attend and participate in medical therapy case conferences
F. Fabricate, modifies and applies splints as prescribed
G. Coordinates, teaches, supervises and develops functional exercises to provide corrective therapy
H. May conduct home visits to assess the needs for the prescribed durable medical equipment (DME)
and assess the environment for completing functional tasks and/or environmental barriers
I. Assess and order DME and orthotics as prescribed
J. Provide instructional training to clients, family members and caregivers regarding home exercise
programs and equipment needs
Statement of Qualifications No. 19-059 Page 5
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COMPLY/NOT COMPLY
Compliance and understanding of the specification is to be noted by marking “COMPLY” on the line
provided to the right of the specification. Non-compliance is to be indicated by marking “NOT COMPLY”
on the line. A detailed statement explaining why they fail to meet the stated specification or requirement
must accompany all non-compliant items.
Failure to mark this page could result in your statement of qualifications being non-responsive.
BIDDER TO COMPLETE THE FOLLOWING: COMPLY/
NOT COMPLY
1. Contractor shall provide State licensed Occupational and/or Physical Therapists
with a minimum of three (3) years documented experience; or if less than three (3)
years’ experience, written approval from the CCS Rehabilitative Therapy Manager
and the CCS Division Manager must be requested and obtained prior to
placement.
2. Contractor’s OT and PT staff shall be CCS Paneled
3. Contractor’s OT and PT staff shall maintain all licenses, credentials, board
regulations, and/or certifications.
4. Contractor’s OT and PT staff shall maintain Cardiopulmonary Resuscitation (CPR)
certification.
5. Contractor’s OT and PT staff shall be HIPAA trained annually.
6. Contractor’s OT and PT staff shall abide by all of County’s confidentiality
requirements.
7. Contractor’s OT and PT staff shall provide own transportation for off site visits
such as home visits and meetings at MTUs.
8. Contractor’s OT and PT staff shall maintain applicable annual medical clearance
(i.e. updated required vaccinations, annual Tuberculosis skin test, etc.), as
required per OSHA training regulations. See links for additional information:
a. Aerosol Transmissible Diseases - https://www.dir.ca.gov/title8/5199.html
b. Blood Borne Pathogen - https://www.dir.ca.gov/title8/5193.html
9. Contractor must maintain offices locally (within Fresno County) to ensure OT and
PT services can be provided at each of the CCS MTPs within a consistently timely
and reliable manner
10. Contractor must meet County’s minimum insurance and indemnification
requirements, as provided in this RFSQ.
11. Contractor must provide and clearly identify service rates per staff position.
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SUBMITTAL
A. The submittal will enable the County Department to appraise the general competence and qualifications
of the responding firms. Please provide the listed information in the following sequence:
1. Firm name, address and phone number
2. Type of organization (sole-proprietorship, partnership, or corporation)
3. Firm principals who will be responsible for the project, and their educational background, credentials,
training and experience
4. Key personnel (including proposed sub-contractors, if applicable) who will work on the project with
their educational background, credentials, training and experience on comparable projects
5. List of current staff, including job classification
6. Firm qualifications, including licenses
7. List current projects or commitments for similar services in progress
8. List the name and phone number of at least three (3) relevant client references
B. Required Qualifications:
1. Contractor shall provide a copy of the OT’s valid license as an Occupational Therapist with the State
of California – Department of Consumer Affairs, California Board of Occupational Therapy
2. Contractor shall provide a copy of the PT’s valid license as a Physical Therapist with the State of
California – Department of Consumer Affairs, Physical Therapy Board of California
3. Contractor shall provide a copy of the current CPR certification and proof of HIPAA training
certificate for each OT and PT staffs.
4. Contractor shall provide a copy of the current medical clearances for each OT and PT staff.
5. Contractor shall provide proof of local office establishment.
CONTRACT TERM
It is the County’s intent to contract with the successful bidder(s) for a term of three (3) years. Agreement may
be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties.
Total fees paid to the each contractor will be dependent upon the bid provided by contractor. No guarantee is
made that the total fee or any fee will be received by the contractor.
Statement of Qualifications No. 19-059 Page 7
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SERVICES.DOC
INSURANCE REQUIREMENTS
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
or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint
Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). 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, fire legal liability or any other liability insurance deemed necessary because of the
nature of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
should include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
E. Molestation: - Sexual abuse / molestation liability insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This
policy shall be issued on a per occurrence basis.
F. Cyber Liability: - Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as
is undertaken by CONTRACTOR in this agreement and shall include, but not be limited to, claims
involving infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of
electronic information, release of private information, alteration of electronic information, extortion and
network security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
Additional Requirements Relating to Insurance:
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.
Statement of Qualifications No. 19-059 Page 8
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SERVICES.DOC
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such wai ver of
subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
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 Public Health, Attn: Susan Stasikonis, 1221 Fulton
Street, Fresno, CA 93721, 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 officer s, 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 thir ty (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 th e 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.
APPEALS
Appeals must be submitted in writing within seven (7) working days after notification of proposed
recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer
made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 4525 E.
Hamilton Avenue 2nd Floor, Fresno, California 93702-4599 and in Word format to
gcornuelle@FresnoCountyCA.gov . Appeals should address only areas regarding RFQ contradictions,
procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and
inappropriate or unfair competitive procurement grievance regarding the RFQ process.
Purchasing will provide a written response to the complainant within seven (7) working days unless the
complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of
Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7)
working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision,
the final appeal is with the Board of Supervisors. Please contact Purchasing if the appea l will be going to
the Board of Supervisors.
1715 N Westshore Blvd Suite 410, Tampa FL 33607
Ph: (855) 561-1715 || Fax: (813) 433-5159 || Bids@cellstaff.com
EXHIBIT C-1
Proposal Prepared for:
Department of Public Health
RFSQ Number: 19-059
Occupational and Physical Therapy Services
Opening: March 28th, 2019 at 2:00 p.m. Pacific Time
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Table of Contents
Section Title Page #
Table of Contents 1
Section A. General Competence and Qualifications: 2 - 20
1. Firm name, address and phone number 2
2. Type of organization 2
3. Firm principals who will be responsible for the project 3 - 5
4. Key personnel who will work on the project 4 - 5
5. List of current staff, including job qualifications 6 - 8
6. Firm Qualifications, including licenses 9 - 18
7. List current projects or commitments for similar services in progress 19 - 20
8. List the name and phone number of at least three (3) client references 19 - 20
Section B. Required Qualifications: 21 - 22
1. Contractor shall provide a copy of the OT’s valid license as an
Occupational Therapist with the State of California – Department of
Consumer Affairs, California Board of Occupational Therapy
21
2. Contractor shall provide a copy of the PT’s valid license as a Physical
Therapist with the State of California – Department of Consumer Affairs,
Physical Therapy Board of California
21
3. Contractor shall provide a copy of the current CPR certification and
proof of HIPAA training certificate for each OT and PT staffs.
21
4. Contractor shall provide a copy of the current medical clearances for
each OT and PT staff.
22
5. Contractor shall provide proof of local office establishment. 22
Section C. Service Cost Rates: 23
Signed IFB 19-059 Packet 24+
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Section A: General Competence and Qualifications
A. The submittal will enable the County Department to appraise the general
competence and qualifications of the responding firms. Please provide the listed
information in the following sequence:
1. Firm name, address and phone number:
Cell Staff, LLC
1715 N Westshore Blvd, Suite 410, Tampa, FL 33607
Toll-Free Phone Number: (855) 561-1715
Additional Relevant Contact Information:
Proposal and Contracts:
- Grant Hargis (primary) or Rami Isa (secondary) at
Staffing Requests:
- Paul Zushma (primary) or Mac Lomax (secondary) at Recruit@cellstaff.com
Billing/Invoicing:
- Grant Hargis (primary) or Ashley Raynor (secondary) at Invoice@cellstaff.com
Other Relevant Contact Information:
- General Fax is (813) 433-5159
- General Email is Recruit@cellstaff.com
- Website is www.cellstaff.com
2. Type of organization (sole-proprietorship, partnership, or corporation):
Cell Staff is a limited liability company partnership (LLC-P) organized under the laws of
Florida.
3. Firm principals who will be responsible for the project, and their educational
background, credentials, training and experience
Please see pages 3, 4 and 5.
4. Key personnel (including proposed sub-contractors, if applicable) who will work on
the project with their educational background, credentials, training and experience
on comparable projects
Please see pages 4 and 5.
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Firm Principals / Key Personnel
Project Manager - Mac Lomax, VP of Government Services
Cell Staff’s Project Manager for the County of Fresno, Department of Public Health (hereafter the COF,
DPH) will be Mac Lomax, Vice President of Government Services who has over 12 years of experience
working within the healthcare staffing industry. Mac launched his career by servicing behavioral
health facilities, correctional institutions, and special education departments across Northern
California. Over the past 12 years Mac has overseen the successful completion of numerous
competitively bid contracts for healthcare staffing at various Federal, state, county and municipal
agencies. Mac is a firm believer in consistent communication, regular performance evaluations, and
on-site visits to ensure Cell Staff is exceeding the COF, DPH’s expectations for project implementation
execution. All other Cell Staff personnel will be held accountable to Mac for the successful project
implementation with the COF, DPH. Mac holds a bachelor’s degree in communications, which has
helped him excel in interpersonal communication with his clients and bring projects to fruition.
Assistant Project Manager - Rami Isa, VP of Business Development
Rami Isa serves as Vice President of Business Development for Cell Staff. Rami’s primary
responsibility is building long-lasting partnerships throughout the healthcare industry with our
clients. Rami has served as a tremendous resource for his clients by filling niche positions when
urgent staffing needs have arisen, including behavioral healthcare. Over the past 15 years, Rami has
provided healthcare staffing services to a variety of clients, including: various state and county
departments of behavioral health, state hospitals, departments of corrections, state developmental
centers, special education departments, and numerous other behavioral healthcare settings. Rami
will assist Mac in ensuring all the COF, DPH’s needs are being addressed, that all positions are being
filled in a timely manner, and that the healthcare professionals on site are exceeding expectations.
Rami holds a bachelor’s degree in electrical engineering, which has given him an analytical and
mathematical advantage over the course of his career.
Recruitment - Dan Gutierrez, VP of Operations
Cell Staff’s company operations, recruitment, and training is overseen by Dan Gutierrez, Vice
President of Operations. Dan has 18 years of government healthcare experience, which has included
behavioral health institutions and correctional departments. Dan is supported by a team of recruiters
who have multiple years of experience recruiting and onboarding qualified healthcare providers
within a variety of federal, state, and county public organizations. Every new Cell Staff employee
completes a 3-month recruitment, compliance, and customer service training period, which ensures
each team member fully comprehends all aspects of Cell staff’s core values, recruitment methods,
applicant tracking systems, client resource management systems, qualifications for each
profession/specialty, and client-specific credentialing processes. Dan has an impeccable track record
of providing quality placements that adhere to Joint Commission, institutional, contractual, legal and
ethical standards. Dan will be responsible for his recruitment team and their commitment to filling
all vacant positions with qualified candidates who have backgrounds and experience related to their
specific positions at the COF, DPH. While serving in the United States Navy, Dan obtained his
bachelor’s degree in healthcare administration. After returning to civilian life, Dan went on to obtain
his master’s degree in business administration.
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California Team Experience:
Mac, Dan and Rami are all California Natives. Although they now focus on healthcare staffing on a
National level, each has deep insights into the State of California and understand the differences i n
the various local healthcare staffing markets.
Mac started his career working in North California, specifically as a Recruiter in a local San Francisco
office. Mac then moved on to manage his own office in Oakland California. Mac then managed the
entire State of Arizona before also taking over the entire Government Services Division. Mac also
assisted Dan at this time by providing leadership and management support to the various local
California branches for multiple years.
Rami has successfully run offices in the Sacramento, Los Angeles, Orange County, and San Diego, in
addition to remotely serving the In-land Empire and all of Central California which included the
City/County of Fresno. Rami went on to handle all outside sales and regional account management
for all of California, Nevada and Arizona.
Dan began his healthcare staffing career working in San Diego, working with numerous public and
private clients. Dan then moved to the San Bernardino office and managed local office. Dan then
returned to San Diego and began to develop local office for another company, quickly expanding their
presence to local markets in Los Angeles, San Diego, Orange County, Sacramento, Phoenix and Los
Vegas. Before long, Dan was managing the company’s entire California and Southwest markets.
Non-Principal Key Personnel
Billing and Contractual Compliance - Grant Hargis, Director of Operations
All contractual compliance is overseen by Mr. Grant Hargis, Director of Operations. Grant is
responsible for outlining Cell Staff’s contractual requirements for each client/project and ensuring
all members of the Cell Staff’s team are knowledgeable on these specific contractual obligations. This
is including but not limited to scope of services for each profession, client-specific operating
procedures and training, invoicing, and candidate minimum qualifications (both general and position
specific). In addition, Grant will also assist Dan and his recruitment team in confirming that all new
candidates submitted and nursing professionals currently working, remain current and up to date on
all their credentials, in order to maintain contractual compliance. Grant holds a bachelor’s degree in
justice studies which has helped immensely when reading over lengthy contracts and
comprehending complex client work-flow processes.
Dedicated Account Manager – Paul Zushma
Paul started as a Recruiter with Cell Staff over 3 years ago and quickly established himself as a top
performer on the Recruitment Team. Once Paul had proven himself as an accomplished Recruiter
and demonstrated the ability to create and maintain strong relationships with his healthcare
professionals working in the field, Cell Staff promoted Paul into an Account Management position,
allowing him to foster relationships on the client development side of the business. Paul yet again
proved his worth, providing quick turnaround time on placements for staffing needs and providing
exceptional customer service. Additionally, his experience and incites as a Recruiter allow him to
effectively mentor the Recruiters working on his needs and expedite the placement process. Paul’s
experience also allows him to double-down and help his clients by quickly finding healthcare
professionals to meet their urgent staffing needs. Paul holds a bachelor’s degree in
entrepreneurship, which coupled with his unparalleled work ethic, has result in a dynamic and
creative approach to solving problem for his clients and his healthcare professionals.
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5. List of current staff, including job classification
Cell Staff recruits individuals specifically for each project. Cell Staff has
previously had OT and PT professionals working in the area, and they will be a
few of many potential candidates that will be contacted upon award. If awarded,
Cell Staff will implement a local, regional and Statewide recruitment campaign
to hire the occupational and physical therapists necessary to fill the five (5)
current vacancies at the California Children’s Services (CCS) Medical Therapy
Program (MTP). Based on RSFQ 19-059, Cell Staff will be responsible for
providing 4 OT’s and 1 PT for approximately 9,025 combined hours per year.
Although Cell Staff does not have PT and OT staff currently on stand-by locally
in Fresno, we have historically had excellent success in placing PT and OT
candidates in a wide variety of setting, including pediatric and educational based
settings. Please keep in mind, most vendors with local staff already have them
assigned to other clients or their own clinics. With that said, the local vendors
will either need to hire new staff to replace the current employees that are
moved to the COG, DPH or else they will be recruiting new staff.
Cell Staff will pre-screen and vet all PT and OT candidates to ensure they meet
or exceed the required qualifications listed throughout RFSQ 19-059 and can
successfully implement the scope of work:
SCOPE OF WORK
The Contractor shall provide licensed OT and/or PT services onsite at the three (3) MTUs
located within Fresno County, 3 to 5 days per week, up to 8 hours per day, not to exceed
nine thousand twenty-five (9,025) service hours annually. The following responsibilities
include but may not be limited to:
A. Conduct OT and/or PT tasks in accordance with State and County regulations and
guidelines
B. Evaluate, plan, schedule and provide treatment to assigned and scheduled clients
C. Complete required documentations accurately and in a timely manner, in
accordance with State and County regulations and guidelines
D. Communicate appropriate information to physicians, other MTP team members,
parents, clients’ teachers and other agencies as needed to implement client
treatment services
E. Attend and participate in medical therapy case conferences
F. Fabricate, modifies and applies splints as prescribed
G. Coordinates, teaches, supervises and develops functional exercises to provide
corrective therapy
H. May conduct home visits to assess the needs for the prescribed durable medical
equipment (DME)and assess the environment for completing functional tasks
and/or environmental barriers
I. Assess and order DME and orthotics as prescribed
J. Provide instructional training to clients, family members and caregivers regarding
home exercise programs and equipment needs
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Cell Staff would like to summarize our general recruitment model for identifying, screening,
credentialing, and placing qualified PT’s and OT’s at the COF, DPH. This method will be adjusted to
meet the position specific requirements, such as the specifications found using the link below, in
addition to any general requirements the COF, DPH might have (Ex: California Live-scan).
http://agency.governmentjobs.com/fresnoca/default.cfm?action=agencyspecs
1) Cell Staff identifies PT/OT candidates (existing Cell Staff employees or new recruit) who have the
education, licensure, experience, skillsets and personal characteristics to perform the scope of
work for their profession as required by the COF, DPH. After an initial vetting process by Cell
Staff’s Recruitment Team, each candidates’ application packages will be submitted to the
designated COF, DPH representative for review. These application packages would include:
Resume outlining relevant years’ experience (minimum 1 year is standard practice)
Verified clinical references and/or performance reviews
Skills checklists and/or relevant training certificates
Copy of current California and/or National Professional License
Online license verification through the designated Board(s)
Any additional documents requested by the COF, DPH
After review of each candidates’ application package, the COF, DPH representative can either
move forward with an interview and/or request to view additional candidates’ application
packages. Once the COF, DPH selects a candidate for a position, an offer letter will be presented
to the candidate by Cell Staff for a position at the COF, DPH facility.
2) Once a PT or OT candidate has accepted the offer letter, Cell Staff will perform our full
credentialing process to complete the candidate’s compliance profile and hiring process. In the
event of existing employees, the credentials on file will be reviewed to ensure they are current
and meet the specifications of the COF, DPH contract and specific job requirements. Our
credentialing process will be tailored to meet all the COF, DPH requirements, which can include
but not limited to:
Completion of W-4 and I-9 accompanied by two forms of valid government ID
Signed new hire packet application and job description
10-panel urine drug screen per section
80%+ Passing scores on assigned professional competency testing
Education verification with candidate’s applicable school(s)
Any additional reference checks to verify clinical experience and previous performance
Physician’s evaluation of health confirming ability to perform job duties
Negative PPD/Mantoux or TST Screening within the last 12 Months (1 or 2 Step).
In the event a candidate tests positive for TB, a negative chest x-ray is acceptable
Current BLS/CPR certificate
HIPAA Training Certificate and signed HIPPA Privacy Agreement
Other Annual Medical Clearance: Blood Borne Pathogens and Aerosol Transmissible
Diseases
Cell Staff thorough background screenings process to can include:
- 7-year State & County background check & social security number trace by Hirease
- Federal E-Verify verification of employment eligibility
- Federal SAM, OIG, EPLS, OFAS and National Sex Offender Registry name check
(included Medicare/Medicaid fraud check)
- California Live-scan and/or FBI/DOJ Fingerprint Background Check
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3) Once a candidate’s vetting/hiring process is complete, Cell Staff will submit the documents to the
designated COF, DPH representative for review and filing.
If approved to, move onto step 4.
If denied, correct deficiencies (i.e. new BLS certificate) and resubmit for approval.
4) Once a PT or OT is approved to start by the COF, DPH, Cell Staff will arrange the necessary
orientations, trainings, and any other pending requirements to ensure our employee feels
comfortable performing all requested administrative and clinical duties in line with COF, DPH
policies and procedures.
5) Cell Staff’s employee performs the requested services as outlined in the RFSQ.
6) Cell Staff and the COF, DPH review each employee’s performance after 30 days, 90 days, and
annually thereafter, to ensure all patients’ needs are being addressed and the quality of care is
meeting the expectation of the COF, DPH Staff. Cell Staff will provide regular feedback to our
employees to promote continuous improvement in quality of care while working onsite.
Please note, any healthcare professionals working at the COF, DPH will be employees (w2) of Cell
Staff. Nurse Practitioners may be given the option to become 1099 contractors, which is standard
practice for mid-levels and locum tenens, unless it is expressly forbidden by the COF, DPH.
Cell Staff
recieves staffing
request
Cell Staff &
facility evaluate
performance
Cell Staff
Identifies &
submits a
qualified
candidate
Cell Staff
Staffing Solution
Cell Staff
employee
provides
requested
services
Candidate is
accepted or
denied by
facility
Cell Staff
credentials and
finalizes
placement
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6. Firm qualifications, including licenses
History:
Cell Staff was established in Tampa, Florida on January 28th, 2014 with the mission provide
supplemental healthcare staffing services to facilities across the United States. In response to the
ever-growing public/government healthcare sector, Cell Staff specializes in healthcare staffing for
Federal, state, and local government entities. Specifically, Cell Staff focuses on providing nursing,
therapy/allied, behavioral healthcare and locum tenens to government agencies in the behavioral
healthcare, correctional healthcare, and school-based settings.
Mission:
Are you Ready for a Fresh Start? We Can Help! Cell Staff provides nationwide employment
opportunities for healthcare professionals, specifically on government service contracts. Cell Staff
prides itself on being staffing visionaries. We seek the most gifted candidates in the healthcare field.
Whether that describes you or the employee you’re looking for, Cell Staff has you covered.
Vision:
It’s All About the Experience. Whether it’s your first day or first (or tenth) year with us, each client
and employee will find their individual needs met with the Cell Staff personal touch. We know that
no two people are alike and we will create a tailored experience to match your needs. Cell Staff might
not be the biggest healthcare staffing company in the industry (yet) but we certainly pride ourselves
on being the best! Our reputation for seeking only the best and most forward-thinking candidates is
unmatched in the staffing industry. We attract incredible talent and build lasting relationships
because we think we’re pretty incredible ourselves. Reset Your Expectations of what a staffing
company should be, with Cell Staff! Connect with us today to experience the difference.
Core Values:
Build Open and Honest Relationships
Create a Team Environment with Family Spirit
Be Passionate and Relentless
Embrace and Drive Change
Show Humility and Accountability
Experience:
Cell Staff brings more than 50 years of combined management experience within the healthcare
staffing industry and we pride ourselves on our customer service, recruitment resources, staffing
technology, national reputation and (above all) the ability to provide exceptional healthcare
professionals to our clients. Cell Staff’s executive team was assembled to bring the most
knowledgeable and innovative healthcare staffing leaders together. Cell Staff’s management team has
partnered with wide range of government facilities nationwide such as: Federal and State
Department of Veterans Affairs; Federal, State and County Department of Corrections; Department
of Defense; Departments of Public Health; Indian Health Services; and various other
government/public organizations. However, Cell Staff’s strategic areas of focus remains our
partnerships with government agencies providing behavioral healthcare and related services.
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Current or Previous Clients in California or with similar requested services:
Fresno Veterans Home, California Dept. Veterans Affairs
County of Fresno, Behavioral Health Department
Butte County Behavioral Health Department
Los Angeles Unified School District
Management Solutions (CDCR and CA-DSH)
Wisconsin School for the Deaf
Wisconsin School for the Blind and Visually Impaired
Providence Public Schools
Arkansas Health Center, Arkansas Dept Human Services
Central State Hospital, Georgia Dept Behavioral Health and Developmental Disabilities
Philosophy & Culture:
Cell Staff’s vision statement, “It’s All About The Experience,” summarizes our business philosophy
and culture. As the tagline suggests, Cell Staff considers itself to be a customer services company.
Although this term is thrown around loosely in today’s business world, Cell Staff’s executive team has
envisioned a culture that strives to exceed this ideal by creating a team environment with a family
spirit. Each and every employee, assignment, client and project is different. That being said, we feel
every experience should be tailored to fit the needs of that particular individual or organization.
Creating a tailored experience with a personal touch for everyone we partner with is what sets us
apart from our competition. Additionally, building open and honest relationships in all facets of our
business is how we foster both professional and personal relationships and create long-lasting,
mutually beneficial partnerships. This philosophy applies not only to our clients receiving staff, but
also to the healthcare professionals we employ to provide these services. Retention of quality
healthcare professionals is key not only to our long-term success, but also in maintaining continuity
of care and excellent customer satisfaction. Each healthcare provider’s experience begins with a
connection to one of our recruiters, is tailored during the recruitment/hiring process and continues
to develop as an active employee of Cell Staff. Just as our account executives build both personal and
professional relationships with our clients, our recruiters do the same for our healthcare
professionals. As long as each and every Cell Staff employee remains passionate and relentless about
their endeavors and continues to show humility and accountability for their actions, success and
customer satisfaction will follow. It’s a simple formula that we’ve perfected.
Innovation:
Cell Staff prides itself on being a technology-based company. Embracing and driving change is critical
to the success of any business in today’s technology-centered world. Cell Staff uses the latest in
staffing software, social media, web integration, and recruitment techniques to stay ahead of the
curve. For Cell Staff, this includes using recruitment technology that allows our company to reach a
broader pool of candidates. Phones calls, referrals, and conferences are still effective means of
contacting talented healthcare professionals. However, search engine optimization, online
databases/leads systems, streamlined web-based job postings to multiple forums, and effective use
of social media, is critical to reaching the growing millennial presence in the workforce, specifically
within the growing healthcare field.
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Recruitment Resources
In addition to our proprietary candidate database and extensive network of healthcare professionals,
Cell Staff also utilizes the following to identify and recruit new healthcare professionals specifically
for the positions requested by our clients.
Online:
CellStaff.com – Job postings that stream live to our website from Talent Rover (described
below) or via direct entry. From there our RSS feed pushes these job postings out to many
of the forums listed below
Work4 Lab Solutions – Allows us to use Facebook and Linkedin to identify healthcare
professionals by profession within a geographic area. Additionally, this system also pushes
out our job postings on automated schedules to Facebook, Linkedin, and Twitter.
Indeed – Pay-per-click job postings, and profile database search
CareerBuilder – Job postings and resume database search
Craigslist – Job postings
Jobs-2-Careers - Job postings that stream live to hundreds of job boards
Allied/Nursing Travel Career – Therapist & nursing candidate lead generator, resume
database search, and job postings that are fed directly from our website.
Allied/Nursing VIP – Therapist and nursing candidate lead generator and job postings
I Hire Therapy & I Hire Nursing – Job postings and resume database search
Health Jobs Nationwide – Job postings and resume database search
Staff DNA – Healthcare candidate lead generator
LinkedIn Recruiter – Job posting and candidate resume search
Traditional:
Call Lists – Both from purchased lists and generated from our extensive internal database
Conferences/Exhibits:
National Conferences for Healthcare Professions
College/University Job Fairs for students entering the healthcare field
Hosting Pub Nights and Social Events for Various Healthcare Professionals
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Employee Benefits to Attract and Retain our Healthcare Professionals
Standard Benefits:
Social Security Contribution
Federal and State Tax Withholding based on employee’s W4 and applicable state’s tax
withholding form(s)
General, Automobile, Workers Compensation, Professional, and Umbrella Liability
insurance through our Insurance Providers
Weekly Pay via Direct Deposit
Basic Life / AD&D Insurance of $25,000.00 through the Hartford
All Cell Staff employees are eligible to elect to receive the following benefits based on their
tailored compensation package. Benefits are effective on 1st day of employment!
Individual/Family Medical Insurance, 50% Cell Staff Contribution, through Blue Cross
In Individual/Family Dental Insurance through Lincoln
Individual/Family Vision Insurance through Lincoln
Pet Insurance through Healthy Paws
Supplemental Life (up to $150,000.00) and AD&D for Employees and/or Dependents
through Hartford
Supplemental Life and AD&D for Dependents (up to $150,000.00)
Voluntary Short-Term Disability, Critical Illness and Accident Policies through the Hartford
Continuing Education and/or Training Reimbursement
Clinical Mentorship/Liaisons for certain healthcare professions
Professional Licensure and/or Certification Reimbursement
Paid Holidays/Vacation/Sick Time (within client’s contractual guidelines)
Wellness Program with Discounted Membership to 10,000 Gym locations Nationwide
401K Retirement Plan
Travel, Lodging, and Meal stipends within GSA and IRS guidelines
Complimentary Continuing Education:
Local In-Service Training – Cell Staff offers group or individual classes through third
parties such as the American Red Cross, American Health and Safety Institute, and
American Heart Association. Class examples include BLS certification, CPI, SAMA, etcetera
but classes do vary depending on geographic location and time of year.
Client Internal Programs or Additional Requests – Cell Staff also encourages our
employees to participate in all in-house training sessions offered by our clients. Cell Staff
also encourage auxiliary training offered by third parties for software systems or
equipment used by our clients.
Mentorship / Clinical Liaisons – Offered for certain professions, our mentors and clinical
liaisons are available to address clinical questions and offer guidance to our healthcare
professionals.
ContinuingEducation.com and Cell Staff E-University – Cell Staff has partnered with
Allied Health Media’s nationally accredited e-learning platform to create the Cell Staff
Institute. The Cell Staff Institute will allow our healthcare professionals to log on remotely
through our website and complete certified continuing education units (CEU’s) at their
leisure online.
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Insurance
Cell Staff has provided a copy of our COI below for your records. Cell Staff would like to
request that the COF, DPH accept our excess liability policy to meet the following limits
below. Cell Staff does carry cyber liability insurance although it is not specifically listed on
the COI below. Evidence will be furnished upon request.
A. Commercial General Liability: Commercial General Liability Insurance with limits of not
less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000.00). 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, fire legal liability or any other
liability insurance deemed necessary because of the nature of the contract.
E. Molestation: - Sexual abuse / molestation liability insurance with limits of not less than
One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00)
annual aggregate. This policy shall be issued on a per occurrence basis.
F. Cyber Liability: - Cyber Liability Insurance, with limits not less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond
to the duties and obligations as is undertaken by CONTRACTOR in this agreement and shall
include, but not be limited to, claims involving infringement of intellectual property,
including but not limited to infringement of copyright, trademark, trade dress, invasion of
privacy violations, information theft, damage to or destruction of electronic information,
release of private information, alteration of electronic information, extortion and network
security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond
to these obligations.
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7. List current projects or commitments for similar services in progress
See below under refences in section 8.
Cell Staff does not currently have any or projects or commitments that would
impede our ability to perform under this project.
8. List the name and phone number of at least three (3) relevant client
references
California References:
Fresno Veterans Home, California Department of Veterans Affairs: August 2014 - Present
2811 W California Ave, Fresno, CA 93706592
Robert Domrese, Director of Restorative Care / (559) 493-4427 / robert.domrese@calvet.ca.gov
Provided Physical Therapy and Occupational Therapy staffing services.
Butte County Behavioral Health Department: June 2015 – Present
3217 Cohasset Road, Chico, CA 95973
Christine Zaveson, Nurse Manager / Ph: (530) 891-2954 / czaveson@buttecounty.net
Provide Registered Nurses, Licensed Vocational Nurses, and Recreational Therapy Services
Management Solution, LLC which manages all staffing for the California Department of Corrections
and Rehabilitation and the California State Hospitals: May 2017 - Present
Deidré Blair-Saldaña, Operations Lead / (855) 502-3600 x 103 / deidre@vmssolution.com
Provide Registered Nurses and Registered Dietitian staffing services.
Other Physical and Occupational Therapy References:
Wisconsin School for the Deaf: September 2014 - Present
309 W Walworth Ave, Delavan, WI 53115-1099
Biran Lievens, Principal / (262) 378-0114 / brian.lievens@wsd.k12.wi.us
Provide Physical Therapy, Occupational Therapy, and Speech Language Pathology staffing services.
Wisconsin School for the Blind and Visually Impaired: September 2014 - Present
1700 West State Street, Janesville, WI, 53546-5344
Pete Dally, Director / (608) 758-4925 / pete.dally@wcbvi.k12.wi.us
Provide Physical Therapy, Occupational Therapy, Speech Language Pathology, and Music Therapy
staffing services.
Providence Public School District: September 2016 - Present
797 Westminster Street, Providence, RI 02903
Katherine Swart, Program Admin. / (401) 456-9100 ext 11337 / Katherine.swart@ppsd.org
Provide Physical Therapy, Occupational Therapy, and Speech Language Pathology staffing services.
Arkansas Health Center, Arkansas Department of Human Services: July 2014 – Present
6701 U.S. 67, Benton, AR 72015
Dr. Megan Edwards, Clinical Director / Ph: (501) 860-0534 / megan.edwards@dhs.arkansas.gov
Provide Physical Therapy, Occupational Therapy, and Speech Language Pathology staffing services.
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Georgia Department of Behavioral Health and Developmental Disabilities, Central State Hospital
620 Broad Street, Milledgeville GA 31062
Sarah “Kay” Brooks, Director of Nursing / (478) 445-4960 / sarah.brooks@dbhdd.ga.gov
Provide Physical Therapy staffing services.
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B. Required Qualifications:
1. Contractor shall provide a copy of the OT’s valid license as an Occupational Therapist
with the State of California – Department of Consumer Affairs, California Board of
Occupational Therapy
All occupational therapist candidate will submit a copy of their California OT license to
Cell Staff during our internal compliance process. Cell Staff will then verify their
professional OT license online with the California – Department of Consumer Affairs,
California Board of Occupational Therapy. If the license is free of any restrictions, Cell
Staff will then move forward with the recruitment, vetting and placement process. The
COF, DPH will receive a copy of the original license and license verification with the
compliance/credential packet submitted along with each candidate.
2. Contractor shall provide a copy of the PT’s valid license as a Physical Therapist with
the State of California – Department of Consumer Affairs, Physical Therapy Board of
California
All physical therapist candidates will submit a copy of their California PT license to Cell
Staff during our internal compliance process. Cell Staff will then verify their professional
PT license online with the California – Department of Consumer Affairs, California Board
of Physical Therapy. If the license is free of any restrictions, Cell Staff will then move
forward with the recruitment, vetting and placement process. The COF, DPH will receive
a copy of the original license and license verification with the compliance/credential
packet submitted along with each candidate.
3. Contractor shall provide a copy of the current CPR certification and proof of HIPAA
training certificate for each OT and PT staffs.
Copies of each candidate’s CPR certification and proof of HIPAA training will be furnished
to Cell Staff during the vetting process. If either is expired or missing, Cell Staff will assist
each candidate in enrolling in the needed program. Cell Staff would need clarification
from the County as to which CPR classes for healthcare professionals are acceptable,
examples include American Heart Association (AHA), American Red Cross (ACR),
American Health and Safety Institute (AHSA), among others. Additionally, Cell Staff can
provide online HIPAA training with our internal software from API or we can enroll them
in 3rd party HIPAA training either online or in-person. Cell Staff will also ensure that each
candidate attend the County’s internal HIPAA training if that is your preference. Many of
our clients prefer that the candidates participate in their internal HIPAA training classes
as part of orientation.
Current and valid CPR certification and HIPAA training will be furnished to the COF, DPH
in each candidates compliance/credentialing packet.
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4. Contractor shall provide a copy of the current medical clearances for each OT and PT
staff.
Cell Staff will include current medical clearances for each OT and PT staff in their
compliance/credentialing packet. Typically, items include pre-employment physical,
TB/PPD or Chest X-ray, Immunization Records or TITERS, or any other requested
medical clearance documents.
5. Contractor shall provide proof of local office establishment.
Cell Staff requests that the COF, DPH waive this requirement for Cell Staff. Cell Staff has
successfully placed healthcare professional in over 30 States, including many healthcare
professionals in California. Additionally, Cell Staff successfully provided the Fresno
Veterans Home with supplemental Physical and Occupational Therapy Services for
multiple years and can be verified by our reference. Cell Staff also recently received a
contract to provide recruitment of temporary healthcare staff to the County of Fresno,
Department of Behavioral Health and have our first behavioral healthcare candidate
interviewing for a position on March 29th, 2019. Our organization feels that our success
in staffing physical and occupational therapists Nationally, across California, and
specifically within the City/County of Fresno had proven our ability to services our
clients from the Tampa, FL office. In the event the COF, DPH chooses to award to multiple
vendors, Cell Staff would prove to be an excellent resource in the event the local vendors
are unable to provide the necessary number of PT or OT professionals, especially if they
are local therapy clinics and not nationwide recruitment/staffing agencies.
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Service Cost Rates:
Physical Therapist (PT): $90.00 per hour
Physical Therapy Assistant (PTA): $62.00 per hour
Occupational Therapist (OT, OTR, OTR/L): $90.00 per hour
Occupational Therapy Assistant (COTA): $62.00 per hour
COUNTY OF FRESNO
REQUEST FOR
STATEMENT OF QUALIFICATIONS
NUMBER: 19-059
OCCUPATIONAL AND PHYSICAL THERAPY
SERVICES
Issue Date: March 11, 2019
Closing Date: MARCH 28, 2019 AT 2:00 P.M.
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Heather Stevens at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms state in this RFSQ.
Bid must be signed and dated by an authorized officer or employee.
Cell Staff
COMPANY
Proposal, Contracts and Billing contact is Grant Hargis/ Staffing requests contact is Paul Zushma
CONTACT PERSON
1715 N Westshore Blvd, Suite 410
ADDRESS
Tampa FL 33607
CITY STATE ZIP CODE
+ E ::=Proposal:bids@cellstaff.comI Staffing requests: recru ,! ;;1;,/ Billing: invoice@cellstaff.com
PRINT NAME TITLE
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Statement of Qualifications No. 19-059 Page 2
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TABLE OF CONTENTS
PAGE
KEY DATES.......................................................................................................................... 3
OVERVIEW ..................................................................................................................... 3
BACKGROUND .................................................................................................................... 3
PROJECT. .......................................................................................................................4
SCOPE OF WORK ..........................................................................................................4
COMPLY/NOT COMPLY. ............................................................................................... 5
SUBMITIAL .................................................................................................................... 6
CONTRACT TERM ......................................................................................................... 6
INSURANCE REQUIREMENTS ..................................................................................... 7
APPEALS ............................................................................................................................. 8
Statement of Qualifications No. 19-059 Page 3
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KEY DATES
RFSQ Issue Date:
Written Questions for RFSQ Due:
RFSQ Closing Date:
March 11, 2019
March 18, 2019 at 1:00 P.M.
Questions must be submitted on the Bid Page.
March 28, 2019 at 2:00 P.M.
Statement of Qualifications must be electronically submitted on the
Bid Page on Public Purchase.
OVERVIEW
It is the intent of the County to engage several contractors under a master agreement to provide the professional services described herein.
The County of Fresno, Department of Public Health (DPH) Children's Medical Services Division - California
Children's Services Program is soliciting the serv ices of a contractor(s) who can provide Occupational
Therapy (OT) AND Physical Therapy (PT) services for children enrolled in California Children's Services
(CCS) Medical Therapy Program (MTP). The CCS MTP is mandated by the California State Law to provide
prescribed OT and PT services for children, ranging from birth to 21 years old, with handicapping conditions,
generally due to neurological, musculoskeletal or other medical disorders, such as but not limited to, cerebral
palsy and spina bifida. The MTP o perates Medical Therapy Units (MTUs) located at three (3) local school
sites in Fresno County. Each MTU is equipped to conduct the necessary special needs pediatric OT and PT services onsite.
BACKGROUND
There are currently 769 children receiving both OT and PT services at the three (3) MTUs. The Department
has had a continuous recruitment for five (5) vacant licensed Occupational and Physical Therapist positions,
but has not been successful in filling all. To meet the increasing medical therapy demands fo r Fresno County
CCS MTP eligible children and address the difficulty of recruiting qualified OT and PT personnel, contracted
services have been established since 2012. The OT and PT services provided by a current contractor
enables CCS MTP to provide the necessary services to qualified MTP clients in Fresno County. The
contractor's annual cost based on FY 2017 -18 services was approximately $845,000.00.
While CCS MTP has two (2) full time OTs and four (4) full time PTs, the contractor provides four (4) OTs,
ultimately leaving 87 children currently on the PT waitlist. Additional OT and PT resources are needed to
meet the demands of increasing numbers of CCS MTP eligible children in Fresno County. Should the County
be unable to procure continued contracted OT a nd PT services, the number of waitlisted children will be
upwards of 522 for OT services and 87 for PT services. The Request for Statement of Qualifications seeks
the continuation of contracted OT and PT services, and if possible from multiple local provid ers. It is the
intent of the County to engage several contractors under a master agreement to provide the professional
services described herein. CCS MTP's goal is to provide timely and effective OT and PT services needed by
every CCS MTP qualified qhild i n Fresno County.
Statement of Qualifications No. 19-059 Page 4
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accurately
PROJECT
Request for Statement of Qualifications to provide Occupational therapy (OT) and Physical therapy (PT)
contracted services to the children (ranging from birth to 21 years of age) enrolled in County of Fresno's
California Children's Services (CCS) Medical Therapy Program (MTP). The MTP operated Medical Therapy
Units (MTUs) located at three (3) local school sites namely:
MTU LOCATION
Garfield MTU
1345 N. Peach Ave., Clovis
Ginsbura MTU 67 E. Ashlan Avenue Fresno
Storev MTU 2444 S. Peach Avenue, Fresno
The County anticipates a three (3) year base master services agreement, with the option to extend for two
(2) additional twelve (12) month periods, emanating from this RFSQ. The County will determine which
contractor to utilize based on two priority factors. The first factor is which contractor will provide the required
services at the lowest rate. The second factor is contractor OT/PT staff availability.
SCOPE OF WORK
The Contractor shall provide licensed OT and/or PT services onsite at the three (3) MTUs located within
Fresno County, 3 to 5 days per week, up to 8 hours per day, not ta exceed nine thousand twenty -five (9,025)
service hours annually. The following responsibilities include but may not be limited to:
A. Conduct OT and/or PT tasks in accordance with State and County regulations and guidelines
B. Evaluate, plan, schedule and provide treatment to assigned and scheduled clients
C. Complete required documentations ' and in a timely manner, in accordance with State and
County regulations and guidelines ·
D. Communicate appropriate information to physicians, other MTP team members, parents, clients'
teachers and other agencies as needed to implement client treatment services
E. Attend and participate in medical therapy case conferences
F. Fabricate, modifies and applies splints as prescribed
G. Coordinates, teaches, supervises and develops functional exercises to provide corrective therapy
H. May conduct home visits to assess the needs for the prescribed durable medical equipment (DME)
and assess the environment for completing functional tasks and/or environmental barriers
I. Assess and order DME and orthotics as prescribed
J. Provide instructional training to clients, family members and caregivers regarding hom e exercise
programs and equipment needs
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SERVICES.DOC
NOT COMPLY
COMPLY/NOT COMPLY
Compliance and understanding of the specification is to be noted by marking "COMPLY" on the line
provided to the right of the specification. Non-compliance is to be indicated by marking "NOT COMPLY"
on the line. A detailed statement explaining why they fail to meet the stated specification or requirement
must accompany all non-compliant items.
Failure to mark this page could result in your statement of qualifications being non-responsive.
BIDDER TO COMPLETE THE FOLLOWING: COMPLY/
1. Contractor shall provide State licensed Occupational and/or Physical Therapists
with a minimum of three (3) years documented experience; or if less than three (3)
years' experience, written approval from the CCS Rehabilitative Therapy Manager
and the CCS Division Manager must be requested and obtained prior to
placement.
2. Contractor's OT and PT staff shall be CCS Paneled
3. Contractor's OT and PT staff shall maintain all licenses, credentials, board
regulations, and/or certifications.
4. Contractor's OT and PT staff shall maintain Cardiopulmonary Resuscitation (CPR)
certification.
5. Contractor's OT and PT staff shall be HIPAA trained annually.
6. Contractor's OT and PT staff shall abide by all of County's confidentiality
requirements.
7. Contractor's OT and PT staff shall provide own transportation for off site visits
COMPLY
COMPLY
COMPLY
COMPLY
COMPLY
COMPLY
COMPLY
such as home visits and meetings at MTUs.
8. Contractor's OT and PT staff shall maintain applicable annual medical clearance
(i.e. updated required vaccinations, annual Tuberculosis skin test, etc.), as
required per OSHA training regulations. See links for additional information:
a. Aerosol Transmissible Diseases - https://www.dir.ca.gov/tttle8/5199.html
b. Blood Borne Pathogen - https://www.dir.ca.gov/title8/5193.htrnl
9. Contractor must maintain offices locally (within Fresno County) to ensure OT and
COMPLY
COMPLY
PT services can be provided at each of the CCS MTPs within a consistently timely NOT COMPLY
and reliable manner Waiver requested based on experier
10. Contractor must meet County's minimum insurance and indemnification NOT COMPLY
requirements, as provided in this RFSQ. Excess liability policy can be used to meet limit
11. Contractor must provide and clearly identify service rates per staff position. COMPLY
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SUBMITTAL
A. The submittal will enable the County Department to appraise the general competence and qualifications
of the responding firms. Please provide the listed information in the following sequence:
1. Firm name, address and phone number
2. Type of organization (sole-proprietorship, partnership, or corporation)
3. Firm principals who will be responsible for the project, and their educational background, credentials, training and experience
4. Key personnel (including proposed sub -contractors, if applicable) who will work on the project wilh
their educational background, credentials, training and experience on comparable projects
5. List of current staff, including job classification
6. Firm qualifications, including licenses
7. List current projects or commitments for similar services in progress
8. List the name and phone number of at least"three (3) relevant client references
B. Required Qualifications:
1. Contractor shall provide a copy of the OT's valid license as an Occupational Therapist with the State
of California - Department of Consumer Affairs, California Board of Occupational Therapy
2. Contractor shall provide a copy of the PT's valid license as a Physical Therapist with the State of
California - Department of Consumer Affairs, Physical Therapy Board of California
3. Contractor shall provide a copy of the current CPR certification and proof of HIPAA training
certificate for each OT and PT staffs.
4. Contractor shall provide a copy of the current medical clearances for each OT and PT staff.
5. Contractor shall provide proof of local office establishment.
CONTRACT TERM
It is the County's intent to contract with the successful bidder(s) for a term of three (3) years. Agreement may
be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties.
Total fees paid to the each contractor will be dep endent upon the bid provided by contractor. No guarantee is
made that the total fee or any fee will be received by the contractor.
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INSURANCE REQUIREMENTS
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
or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint
Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits o f not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). 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, fire legal liability or any other liability insurance deemed necessary because of the
nature of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
should include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
E. Molestation: - Sexual abuse/ molestation liability insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This
policy shall be issued on a per occurrence basis.
F. Cyber Liability: - Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as
is undertaken by CONTRACTOR in this agreement and shall include, but not be limited to, claims
involving infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of
electronic information, release of private information, alteration of electronic infor mation, extortion and
network security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
Additional Requirements Relating to Insurance:
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.
Statement of Qualifications No. 19-059 Page 8
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Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
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 Public Health, Attn: Susan Stasikonis, 1221 Fulton
Street, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force;
that the County of Fresno, its officers, agents and employees will n ot 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 un der
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 wit h insurance provided under Contractor's policies herein; and that lhis
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 i nsurance 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 AM. Best, Inc. rating of A FSC VII or
better.
APPEALS
Appeals must be submitted in writing within seven (7) working days after notification of proposed
recommendations for award. A "Notice of Award" is not an indication of County's acceptance of an offer
made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 4525 E.
Hamilton Avenue 2nd Floor, Fresno, California 93702 -4599 and in Word format to
gcornuelle@FresnoCountyCA.gov . Appeals should address only areas regarding RFQ contradictions,
procurement errors, proposal rating discrepancies, legality of procurement context, conflict of in terest, and
inappropriate or unfair competitive procurement grievance regarding the RFQ process.
Purchasing will provide a written response to the complainant within seven (7) working days unless the
complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of
Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7)
working days after Purchasing's notification; if the appealing bidder is not satisfied with CAO's decision,
the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to
the Board of Supervisors.
Exhibit C-2
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BBBBBBBBBBBBBBBBBB
BBBBBBBBBBBBBBBB
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EXHIBIT D
OT AND/OR PT CONTRACTOR STAFFING ASSIGNMENT PROCESS
COMMENCEMENT OF SERVICE ASSIGNMENT
1.At least two (2) work weeks or ten (10) working days prior to the effectivity of Master
Agreement, CCS-MTP Rehabilitative Therapy Manager (RTM) or designee will notify
Contractors of the number of OT and/or PT staff needed by the program at a specified
start date of service.
2.Contractors will be given five (5) working days to submit a list of available licensed OT
and/or PT for the RTM or designee’s evaluation. The qualification of OT and/or PT staff
is based on the list of compliance requirements identified in the RFSQ No. 19-059.
3.In order to prevent disruption of Medical Therapy service to CCS enrolled clients,
selection criteria of qualified OT and/or PT staff from Contractors shall be based on:
a.Availability of qualified staff at the required date of service
b.Price, if all Contractors have available and equally qualified staff
4.After selection, RTM or designee will notify the Contractor who best meets all the
County’s requirements. Notification shall include the names of selected Therapy staff,
Start Date of Service and Medical Therapy Unit (MTU) location assignment.
5.Upon receipt of County’s notification of Therapy staff selection, Contractor shall provide
a confirmation of assignment within 24 business hours. Non confirmation will allow the
County’s RTM to select the next qualified and available Contractor.
6.After a qualified Therapy staff is confirmed acceptable and available, RTM will send a
notification to all Contractors stating the required Therapy staff service requirement has
been fulfilled.
DISCONTINUATION OR TERMINATION OF SERVICE ASSIGNMENT
1.Contractor shall provide at least two (2) work week notification to the County through
CCS-MTP’s RTM or designee, stating the discontinuation of Contractor’s Therapy staff
(s).
2.County shall follow the review and selection process as per the Commencement of
Service Assignment section above, items no. 2 through 6.
3.In the event, Contractor provided less than two (2) work week notification of
discontinuation of Therapy service(s), County’s time to process the evaluation and
selection of replacement Therapy services shall be reduced accordingly.
EXHIBIT E
SERVICE RATES
CONTRACTOR SERVICE RATE
Cell Staff, Inc. OT: $90.00/Hr
PT: $90.00/Hr
Goodfellow Occupational OT: $95.00/Hr
Therapy, Inc. PT: $95.00/Hr
NOTES:
OT: Occupational Therapist
PT: Physical Therapist
Exhibit F
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corpora tion is a party and in which one
or more of its directors has a material financial interest .”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and dat e this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self -dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the Corporation has the transaction;
and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self -dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self -dealing transaction
described in Sections (3) and (4).
Exhibit F
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
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EXHIBIT “A” Rev-2
PARTICIPATING CONTRACTORS
CONTRACTOR ADDRESS RECEIVE AND SEND NOTICES
Cell Staff, LLC 1715 N. Westshore Blvd.Mac Lomax, Vice President
Suite 410,Recruit@cellstaff.com
Tampa, FL 33607 (855)561-1715
Goodfellow 2505 W. Shaw Ave.John Goodfellow, CEO
Occupational Suite 101,john@gftherapy.com
Therapy, Inc.Fresno, CA 93711 (559)228-9100 opt 2
Maxim Healthcare 6051 N. Fresno St.Rigo Robles, Bus.Dev. Manager
Services, Inc.Suite 102,rorobles@maxhealth.com
Fresno, CA 93710 (559)224-0299
Delta Healthcare 3100 Olympus Blvd.Reygan Wentz, Principal
Providers Dallas, TX 75019 Staffing Consultant
(866)221-5405 ext 4114
DELTA HEALTHCARE PROVIDERS – RFSQ
FRESNO COUNTY DEPARTMENT OF PUBLIC HEALTH
TABLE OF CONTENTS
“BIDDER TO COMPLETE” PAGE Pg. 2
COMPLY/NOT COMPLY Pg. 3
SUBMITTAL – General Competence and Qualifications Pg. 4 – 9
SUBMITTAL – Required Qualifications Pg. 10 – 11
SERVICE COST RATES Pg. 12
INSURANCE Pg. 13
CONTRACT TERMS Pg. 13
SAMPLE COI DOCUMENTS – (3) Pg. 14 – 16
Page 1
Exhibit C-4
G:\Public\RFSQ\FY 2018-19\19-059 Occupational and Physical Therapy Services\19-059 Occupational and Physical Therapy Services.doc
EXHIBIT B
COUNTY OF FRESNO
REQUEST FOR
STATEMENT OF QUALIFICATIONS
NUMBER: 19-059
OCCUPATIONAL AND PHYSICAL THERAPY
SERVICES
Issue Date: November 19, 2020
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Heather Stevens at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms state in this RFSQ.
Bid must be signed and dated by an authorized officer or employee.
COMPANY
CONTACT PERSON
ADDRESS
CITY
( )
STATE
ZIP CODE
TELEPHONE NUMBER E-MAIL ADDRESS
AUTHORIZED SIGNATURE
PRINT NAME TITLE
DocuSign Envelope ID: F168F271-FC64-4FCB-9D0C-9843966B184B
TX
rwentz@deltahcp.com
Dallas
(800) 521-5060
75019
Reygan Wentz
The Delta Companies d/b/a Delta Healthcare Providers
3100 Olympus Blvd. Suite 500
Executive Vice PresidentRyan Anholt
Page 2
Statement of Qualifications No. 19-059 Page 5
G:\PUBLIC\RFSQ\FY 2018-19\19-059 OCCUPATIONAL AND PHYSICAL THERAPY SERVICES\19-059 OCCUPATIONAL AND PHYSICAL THERAPY
SERVICES.DOC
COMPLY/NOT COMPLY
Compliance and understanding of the specification is to be noted by marking “COMPLY” on the line
provided to the right of the specification. Non-compliance is to be indicated by marking “NOT COMPLY”
on the line. A detailed statement explaining why they fail to meet the stated specification or requirement
must accompany all non-compliant items.
Failure to mark this page could result in your statement of qualifications being non-responsive.
BIDDER TO COMPLETE THE FOLLOWING: COMPLY/
NOT COMPLY
1. Contractor shall provide State licensed Occupational and/or Physical Therapists
with a minimum of three (3) years documented experience; or if less than three (3)
years’ experience, written approval from the CCS Rehabilitative Therapy Manager
and the CCS Division Manager must be requested and obtained prior to
placement.
2. Contractor’s OT and PT staff shall be CCS Paneled
3. Contractor’s OT and PT staff shall maintain all licenses, credentials, board
regulations, and/or certifications.
4. Contractor’s OT and PT staff shall maintain Cardiopulmonary Resuscitation (CPR)
certification.
5. Contractor’s OT and PT staff shall be HIPAA trained annually.
6. Contractor’s OT and PT staff shall abide by all of County’s confidentiality
requirements.
7. Contractor’s OT and PT staff shall provide own transportation for off site visits
such as home visits and meetings at MTUs.
8. Contractor’s OT and PT staff shall maintain applicable annual medical clearance
(i.e. updated required vaccinations, annual Tuberculosis skin test, etc.), as
required per OSHA training regulations. See links for additional information:
a. Aerosol Transmissible Diseases - https://www.dir.ca.gov/title8/5199.html
b. Blood Borne Pathogen - https://www.dir.ca.gov/title8/5193.html
9. Contractor must maintain offices locally (within Fresno County) to ensure OT and
PT services can be provided at each of the CCS MTPs within a consistently timely
and reliable manner
10. Contractor must meet County’s minimum insurance and indemnification
requirements, as provided in this RFSQ.
11. Contractor must provide and clearly identify service rates per staff position.
Page 3
SUBMITTAL – GENERAL COMPETENCE AND QUALIFICATIONS
A.1 Firm name, address, and phone number:
The Delta Companies d.b.a. Delta Healthcare Providers
3100 Olympus Blvd.
Suite 500
Dallas, TX 75019
Main office line: (800) 521-5060
A.2 Type of Organization:
Delta Healthcare Providers is a Limited Liability Corporation.
A.3 Firm Principals who will be responsible for the project, and their education backgrounds:
Principal II Staffing Consultant: Reygan Wentz
Delta Healthcare Providers appointed representative for the Fresno County Public Health Department
will be Reygan Wentz. Reygan attended the University of Oklahoma and graduated in 2015 with a
bachelor’s in Business. She has been a part of the Delta team for 6 years and brings a wide array of
staffing industry knowledge to the table. Reygan has placed hundreds of therapists in her time here
and will be the account manager responsible for direct communication when opening any contract
positions, through submissions and interviews, and while providers are on assignment for any
questions or requests along the way. Reygan is available 24/7 and comes highly recommended based
on proven success and direct client feedback.
A.4 Key personnel who will work on the project with their educational background, credentials, training
and experience on comparable projects:
Below is an organizational chart of all departments at The Delta Companies. The “DHP” branch is
responsible for all contract therapy placements for Delta, led by EVP Ryan Anholt, and works closely
with the Operations department led by Delibra Wesley and Financial department led by Tommy
Fulmer to ensure a smooth experience throughout. We have onsite teams of credentialing agents, HR
representatives, and licensing agents that work directly with the candidates to get them prepared for
Page 4
their assignments, and a team of 20 travel therapy recruiters under Senior Director Reginald Stephens
that has been awarded Best of Staffing for 10 years running.
Page 5
A.5 List of Current staff, including job classification:
Delta Healthcare Providers’ contract staff includes, but is not limited to, PT, OT, SLP, COTA, and PTAs.
Each open search is specifically tailored to the need it supports, and our recruiters will find a candidate
that fits the parameters as listed accordingly. We have hundreds of providers on assignment at any
given moment, many of which have CA licenses in hand or pending and would be open to supporting
the Fresno population.
At DHP, we pursue travelers with impeccable talent, a willingness to learn, and we remain confident in
their ability to positively impact each facility thy provide care to. Our top priority is our travelers’ and
clients experience. Our recruiters work thoroughly and faithfully with our providers to place them in
facilities that mirror the vision they have for their careers.
In the last year, 85% of our providers placed have had 2 or more years of experience under their belt.
Page 6
A.6 Firm Qualifications:
Since 1997, The Delta Companies is a nationally recognized leader in the staffing industry, offering
permanent & temporary staffing solutions nationwide for physicians & healthcare professionals.
We pride ourselves on the ability to create access across multiple facets for our clients. Specifically,
Delta Healthcare Providers has partnered with numerous facilities across California and subsequently
have had over 550 placements of unique providers in the state alone. In addition to a recruiting staff
with 23 years of knowledge, we are equipped with an in-house licensing team, 24/7 credentialing and
human resources team, and operations unit to ensure a smooth transition into work and
communication services. We strive for the highest quality candidates and offer assistance and
opportunities for clinical fellowships, continuing education, and problem-resolution mentoring to do
so.
Notable Awards/Recognition awarded to The Delta Companies:
• Gold Seal of Approval, The Joint Commission
• 2020 Best of Staffing Client Satisfaction DIAMOND Winner
o Best of Staffing winner 10 years in a row
• 2019 SIA Largest U.S. Healthcare Staffing Firms
• 2019 FORBES America’s Best Recruiting Firms
• Member, National Association of Travel Healthcare Organizations
• Member, American Staffing Association
Page 7
Page 8
A.7 List current projects or commitments of similar services in progress
Delta does not currently have any projects or commitments that would impede our ability to perform
under this project should we be selected to move forward as a partner of Fresno County.
A.8 List the name and phone number of at least 3 relevant client references
In order to protect the privacy of our clients, the client reference information will be provided in a
separate PDF for Fresno County Public Health Department’s eyes only.
Page 9
SUBMITTAL – REQUIRED QUALIFICATIONS
B.1 Contractor shall provide copy of the OT’s valid license as an Occupational Therapist with the State of
California – Department of Consumer Affairs, California Board of Occupational Therapy.
Delta agrees to provide active OT license in the State of California upon submission. In the
circumstance that a license is still processing to be obtained by candidate, Delta will disclose the
licensure status upon submission to Fresno County.
B.2 Contractor shall provide copy of the PT’s valid license as a Physical Therapist with the State of
California – Department of Consumer Affairs, Physical Therapy Board of California.
Delta agrees to provide active PT license in the State of California upon submission. In the
circumstance that a license is still processing to be obtained by candidate, Delta will disclose the
licensure status upon submission to Fresno County.
B.3 Contractor shall provide a copy of the current CPR certification and proof of HIPPA training for each
OT and PT staff:
Delta agrees to provide a copy of the current CPR certification for each therapist placed to work
through Fresno County. We make HIPAA information available for our providers and can provide proof
of HIPAA acknowledgement. If you require further HIPAA training than this, we are able to send a core
competency exam as well. We have an on-site credentialing team equipped to assist in the event that
a revised CPR certification or additional HIPAA training is needed, and actions will be taken to
complete this step during the onboarding process prior to candidates start date. Should any issues or
hurdles arise, Fresno County will be notified and included on communication immediately.
B.4 Contractor will provide a copy of current medical clearances for each OT and PT staffs:
Delta agrees to provide a copy of all current medical clearances for each placed PT and OT staff
member prior to therapists start date with Fresno County. We strive to meet and maintain all
requirements needed for the Joint Commission Healthcare Staffing Certification. Please note, any
additional credentials required by Fresno County can and will be completed upon request and re-
verified on a bi-yearly basis. However, our standard credentials that we automatically provide include
the following list below:
Page 10
• Resume
• Summary of all licenses active and inactive
• Excluded parties list search
• Office of inspector general search
• National Sex offender search
• Online verification of state licensure needed for this assignment
• Annual Self-Assessment Skills Checklist
• Criminal Background check by county
• CPR Basic Life Support for Healthcare Providers
• Annual 9-Panel Drug Screen
• Annual TB screening
• 2 Professional References
• Certificate of Professional Liability
• Certificate of Worker’s Compensation
B.5 Contractor shall provide proof of local office establishment:
Delta Healthcare Providers is a nationwide staffing company with travelers in nearly all 50 states at
any given time. While many of our providers are working assignments in California, our singular local
office is based out of Dallas, TX. If any further proof is required, it can be made available upon request.
Page 11
PRICE PROPOSAL –RATE SHEET
All-Inclusive Base Rate
Physical Therapist $92.00
Occupational Therapist $92.00
Base Rate will be billed for all standard scheduled hours up to 40 hours per week unless prevailing hourly wage
laws require overtime rates to be calculated otherwise in which case, Client will be billed accordingly.
Overtime Rates will be billed at time plus one half of the agreed upon base rate. This will apply to all hours
worked over 40 hours per week unless prevailing hourly wage laws require overtime rates to be calculated
otherwise in which case, Client will be billed accordingly.
On Call Rate will be billed at $10 per hour for pager call. Client will be billed a minimum of two hours at the
Overtime Rate each time Provider is required to return to the facility after normal scheduled hours.
Holiday Rate will be billed at double the base rate for New Years Day, Martin Luther King Jr. Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Mileage Rate will be invoiced to client at the standard IRS rate. Mileage will be reimbursed from client to
provider for any floating that takes place while on assignment between Fresno County Public Health locations.
Page 12
INSURANCE
Based on the requirements listed, Delta can meet the proposed insurance requirements. We can provide a COI
as soon as we fully execute Fresno County Department of Public Health’s Master Service Agreement. Attached
at the end of this proposal, you will find sample COIs until the fully executed agreement can be finalized.
• UMBRELLA COI – County of Fresno – Pg. 14
• CYBER COI – County of Fresno – Pg. 15
• COI – County of Fresno – Pg. 16
CONTRACT TERMS
If this bid is accepted by Fresno County, Delta agrees to a term of three (3) years. Agreement may be renewed
for a potential of two (2) and one (1) year periods, based on the mutual written consent of all parties.
Page 13
DRAFT
Page 14
DRAFT
Page 15
DRAFT
Page 16
EXHIBIT “E” Rev-2
SUMMARY OF SERVICE RATES
CONTRACTOR SERVICE RATE
Cell Staff, Inc.OT:$90.00/Hr
PT:$90.00/Hr
Goodfellow Occupational OT:$95.00/Hr
Therapy, Inc.PT:$95.00/Hr
Maxim Healthcare OT:$90.00/Hr
Services, Inc.PT:$90.00/Hr
For consult visits only, rates are:OT:$225.00/visit
PT:$225.00/visit
Additional service cost: Mileage will be invoiced at the current IRS Federally allowable rate, for
required travels from the main work site to a different work site, during or within the normal work
day.
Delta Healthcare Provider OT: $92.00/Hr
PT: $92.00/Hr
Additional service cost: On Call Rate will be billed at $10 per hour for pager call. Client will be
billed a minimum of two hours at the Overtime Rate each time staff is required to return to the
facility after normal scheduled hours.
Mileage will be invoiced at the current IRS Federally allowable rate, for required travels from the
main work site to a different work site, during or within the normal work day.
NOTES:
OT:Occupational Therapist
PT:Physical Therapist