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HomeMy WebLinkAboutMASTER AGREEMENT- Occupational Physical Therapy Services_A-24-695 A-24-335.pdf COtj County of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California 601 Board of Supervisors 93721-2198 O� 1$56 0 Telephone: (559)600-3529 FRV,t' Minute Order Toll Free: 1-800-742-1011 www.fresnocountyca.gov December 17, 2024 Present: 5- Supervisor Steve Brandau, Chairman Nathan Magsig,Vice Chairman Buddy Mendes, Supervisor Brian Pacheco, and Supervisor Sal Quintero Agenda No. 65. Public Health File ID: 24-1316 Re: Under Administrative Policy No. 34 for competitive bids or requests for proposals, determine that an exception to the competitive bidding requirement is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by adding Delta Healthcare Providers, LLC to the Master Agreement for Occupational and Physical Therapy Services; and approve and authorize the Chairman to execute Amendment I to Master Agreement to add Delta Healthcare Providers, LLC as a contracted provider with no change to the term of July 1, 2024 to June 30,2029, or maximum compensation of$4,286,875 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No. 24-695 County of Fresno Page 73 co Board Agenda Item 65 O 1856 O FRE`'� DATE: December 17, 2024 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Amendment I to Master Agreement No. 24-335 for Occupational and Physical Therapy Services RECOMMENDED ACTION(S): 1. Under Administrative Policy No. 34 for competitive bids or requests for proposals, determine that an exception to the competitive bidding requirement is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by adding Delta Healthcare Providers, LLC to the Master Agreement for Occupational and Physical Therapy Services; and 2. Approve and authorize the Chairman to execute Amendment I to Master Agreement to add Delta Healthcare Providers, LLC as a contracted provider with no change to the term of July 1, 2024 to June 30, 2029, or maximum compensation of$4,286,875. There is no additional Net County Cost associated with the recommended actions. Approval of the recommended actions will allow the Department of Public Health (Department)to utilize an additional qualified healthcare staffing vendor to provide qualified pediatric occupational and physical therapists under the Master Agreement. The Master Agreement is funded with Department of Health Care Services (DHCS) and Health Realignment monies. This item is countywide. ALTERNATIVE ACTION(S): Should your Board not approve the recommended actions, the Department will continue to recruit via County Human Resources and work with existing providers of the Master Agreement to staff occupational therapists (OT) and physical therapists (PT), an immediate need but has been a challenge. SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT: It is requested that the County find under Administrative Policy No. 34 (AP 34)that an exception to the competitive bidding requirement is satisfied, and a suspension of competition is warranted due to unusual or extraordinary circumstances as the Department seeks to fill vacant occupational therapist (OT)vacancies. The Department has requested referrals for OT staff from the seven vendors currently contracted under Master Agreement No. 24-335 but has not received any referrals. Delta Healthcare Providers, LLC was a vendor for two years under the previous agreement for these services and was successful in finding a qualified pediatric OT with relevant experience working with children with disabilities and special needs conditions. Since the current agreement has been executed, Delta has reached out to the Department consistently, expressing a desire to be added to the agreement and confirmed immediate availability of an OT. Adding Delta as a vendor at this juncture would allow the Department to place an additional OT at the Medical Therapy Units (MTUs)to address the needs of the 290 children who are on the OT waitlist. The Internal Services Department- Purchasing concurs with the Department's assessment that this satisfies County of Fresno page 1 File Number.24-1316 File Number:24-1316 the exception to the competitive bidding process required by AP 34. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. The addition of Delta Healthcare Providers, LLC to the Master Agreement does not change the maximum compensation of $857,375 per fiscal year; $4,286,875 for the five-year term, funded by DHCS (50%)and Health Realignment (50%). Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2024-25 Adopted Budget and will be included in subsequent budget requests for the duration of the term. 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, physical therapy(PT), and medical therapy conference (MTC)services for children ranging in 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 MTUs located at three county public elementary schools: Clovis, Powers-Ginsburg, and Storey. Currently, 691 eligible children receive OT and PT services provided by County employees and contracted staff. The Board approved the current Master Agreement No. 24-335 on June 18, 2024 with seven vendors to provide OT and PT staffing at the MTUs. County Human Resources and the Department of Public Health have had challenges filling permanent PT and OT positions due to a lack of candidates. Currently, there is an open and continuous recruitment for an OT. Since executing the Master Agreement, the current seven vendors have yet to refer a qualified OT. Adding Delta as a vendor to the Master Agreement would allow the Department an additional resource to possibly find qualified OTs to address the needs of the 290 children on the OT waitlist. REFERENCE MATERIAL: BAI #72, June 18, 2024 ATTACHMENTS INCLUDED AND/OR ON FILE: Suspension of Competition Acquisition Request On file with Clerk-Amendment I to Master Agreement CAO ANALYST: Ronald W. Alexander, Jr. County of Fresno page 2 File Number.24-1316 cOc.Y, [0 Email Me] Suspension of Competition Acquisition Request Double click! 1. Fully describe the product(s)and/or service(s) being requested. Healthcare staffing services to be provided by qualified occupational therapists (OT)and physical therapists (PT) licensed in the state of California. Contracted staff to provide OT and PT services to children receiving therapy services at the County's Medical Therapy Units (MTUs). 2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each. Delta Healthcare Providers - Reygen Wentz; rwentz@deltahcp.com; (800) 521-5060; 3100 Olympus Blvd. Suite 500, Dallas, TX, 75019 3. What is the total cost of the acquisition? If an agreement, state the total cost of the initial term and the amounts for potential renewal terms. Max compensation for the current Master Agreement No. 24-335 is $4,286,875. There will be no increase to the current contracted amount with the addition of Delta Healthcare Providers to the Master Agreement as a contracted vendor. 4. Identify the unique qualities and/or capabilities of the service(s) and/or product(s)that qualify this as a Suspension of Competition acquisition. On March 24, 2024, the Department issued RFSQ No. 24-053 to solicit vendors for these services. Unfortunately, Delta did not respond to the RFSQ. The Board of Supervisors approved the Master Agreement with seven vendors on June 18, 2024. The Department has been in ongoing contact with the seven vendors to fill the desperately needed OT position to address the current OT waitlist. At this time, the current contracted vendors have not been able to refer any staff to fill the vacant OT position. Delta Healthcare Providers was a contracted provider under the previous Master Agreement No. 19-292 which ended June 30, 2024. Prior to the contract expiration, Delta had submitted documentation and references as proof of their qualifications affirming capability to provide necessary OT and PT staffing services. Delta has also confirmed immediate availability of an OT for the MTU. 5. Identify from Administrative Policy#34 what circumstances constitute a Suspension of Competition. ❑ In an emergency when goods or services are immediately necessary for the preservation of the public health,welfare,or safety,or for the protection of County property. ❑When the contract is with a federal,state,or local governmental agency. ❑When the department head,with the concurrence of the Purchasing Agent,finds that the cost of preparing and administering a competitive bidding process in a particular case will equal or exceed the estimated contract amount or$5,000 whichever is more. ❑When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered. ❑When obtaining the services of expert witnesses for litigation or special counsel to assist the County. ®When in unusual or extraordinary circumstances,the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines that the best interests of the County would be served by not securing competitive bids or issuing a request for proposal. 6. Explain why the unique qualities and/or capabilities described above are essential to your department. The MTP is a specialty program within CCS that provides medically necessary outpatient occupational therapy, physical therapy, and medical therapy conference services for children ranging in 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 MTUs located at three county public elementary schools. Currently, 691 eligible children receive services at the MTUs; services are provided by County staff and contracted providers.There is a waitlist of 290 children needing OT services. Unfortunately, the Department has been unsuccessful in filling it's OT vacancy through an open and continuous recruitment for County staff or through regular contact with the current seven contracted healthcare staffing vendors. 7. Provide a comprehensive explanation of the research done to verify that the recommended vendor is the only vendor with the unique qualities and/or capabilities stated above. Include a list of all other vendors contacted, what they were asked, and their responses. E-PD-048 (Rev 07/2021) DPH has requested referrals for OT staff from the seven vendors currently contracted under Master Agreement No. 24-335 but has not received any referrals. Delta was a vendor for two years under the previous contract for these services and was successful in finding a qualified pediatric OT with relevant experience working with children with disabilities and special needs conditions. Since the current contract has been executed, Delta has reached out to the Department consistently, expressing a desire to be added to the Master Agreement and reiterating that they have a local OT available to fill our vacancy. Adding Delta as a vendor at this juncture would allow us to place an additional OT at the MTUs to address the needs of the 290 children on the OT waitlist. pvasquez 10/31/2024 2:09:35 PM [a Sign] Double dick! Requested By: Title I approve this request to suspend competition for the service(s) and/or product(s) identified herein. dluchini 11/4/2024 1:12:52 PM [a Sign] Double click! Department Head Signature rblackburn 11/13/2024 8:14:03 AM [a Sign] Double click! Purchasing Manager Signature E-PD-048 (Rev 07/2021) Agreement No. 24-695 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Agreement No. 24-335") is dated 3 December 17, 2024 and is between, Contractor(s) listed in Revised Exhibit A "List of 4 Contractors" ("Contractor (s)"), and the County of Fresno, a political subdivision of the State of 5 California ("County"). 6 Recitals 7 A. County, through its Department of Public Health (DPH) California Children's Services 8 (CCS) — Medical Therapy Program (MTP), is in need of Occupational Therapy (OT) and 9 Physical Therapy (PT) services to be performed by qualified Occupational Therapists and 10 Physical Therapists licensed by the State of California; and 11 B. County DPH CCS-MTP is mandated by the California State Law to provide OT and PT 12 services for children, ranging from birth to 21 years old, with handicapping conditions, generally 13 due to neurological, musculoskeletal or other medical disorders, such as but limited to, cerebral 14 palsy and spina bifida; and 15 C. On June 18, 2024, the County and the Contractor(s) entered into the Master Agreement 16 for Occupational and Physical Therapy Services, which is County agreement number A-24-335 17 ("Agreement"). 18 D. The County and the Contractor now desire to amend the Agreement to add Contractor 19 Delta Healthcare Providers, LLC. 20 The parties therefore agree as follows: 21 1. All references to Exhibit A shall be deemed references to Revised Exhibit A, which is 22 attached and incorporated by this reference. 23 2. All references to Exhibit D "Compensation" shall be deemed references to Revised 24 Exhibit D, which is attached and incorporated by this reference. 25 3. When both parties have signed this Amendment No. 1, the Agreement and this 26 Amendment No.1 together constitute the Agreement. 27 4. The Contractor(s) represents and warrants to the County that: 28 1 1 a. The Contractor(s) is duly authorized and empowered to sign and perform its 2 obligations under this Amendment. 3 b. The individual signing this Amendment on behalf of the Contractor(s) is duly 4 authorized to do so and his or her signature on this Amendment legally binds the 5 Contractor(s) to the terms of this Amendment. 6 5. The parties agree that this Amendment may be executed by electronic signature as 7 provided in this section. 8 a. An "electronic signature" means any symbol or process intended by an individual 9 signing this Amendment to represent their signature, including but not limited to (1) a 10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 11 electronically scanned and transmitted (for example by PDF document) version of an 12 original handwritten signature. 13 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 14 equivalent to a valid original handwritten signature of the person signing this 15 Amendment for all purposes, including but not limited to evidentiary proof in any 16 administrative or judicial proceeding, and (2) has the same force and effect as the 17 valid original handwritten signature of that person. 18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 20 2, Title 2.5, beginning with section 1633.1). 21 d. Each party using a digital signature represents that it has undertaken and satisfied 22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 23 through (5), and agrees that each other party may rely upon that representation. 24 e. This Amendment is not conditioned upon the parties conducting the transactions 25 under it by electronic means and either party may sign this Amendment with an 26 original handwritten signature. 27 6. This Amendment may be signed in counterparts, each of which is an original, and all of 28 which together constitute this Amendment. 2 1 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 2 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 3 effect. 4 [SIGNATURE PAGE FOLLOWS] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 CONTRACTOR(S) COUNTY OF FRESNO 4 See Revised Exhibit A "List of Contractors" 5 Subsequent signature pages are attached. 6 Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno 7 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: 11 Deputy 12 For accounting use only: 13 Org No.: 56201601 Account No.: 7295 14 Fund No.: 0001 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 I Docusign Envelope ID: DBED3C2D-35E7-4B8C-AD50-464557A47124 1 CONTRACTOR: 2 Delta Healthcare Providers, LLC 3 DocuSigned by: 4 p_^^ AAW Executive vice President 5 Ryan AnhoIt 6 3100 Olympus Blvd. Suite 500 Dallas, TX 75019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Revised Exhibit A List of Contractor(s) 1. ATC Healthcare Services, LLC Business Type: LLC Business Address: 1983 Marcus Avenue, E-122 Lake Success, NY 11042 Contact: Cheryl Stein, Vice President of Contracting 516-750-1618 cstein(cDatchealthcare.com 2. Health Advocates Network, Inc. Business Type: Corporation Business Address: 100 N. Barranca Street, Suite 430 Covina, CA 91791 Contact: Andrea Goodwin, Director of Sales and Operations 800-928-5561 Andrea.Goodwin@hanstaff.com 3. HealthPRO Pediatrics, LLC Business Type: LLC Business Address: 1 Marcus Drive, Suite 101 Greenville, SC 29615 Contact: Krupa Kuruvilla, Regional Vice President 270-506-4254 pedsrfp(a).healthpropediatrics.com 4. Infojini, Inc. Business Type: Corporation Business Address: 10015 Old Columbia Road, Suite B215 Columbia, MD 21406 Contact: Sandeep Harjani, President 443-257-0086 statebids@infojiniconsulting.com 5. JayKay Services, Inc. Business Type: Corporation Business Address: 2054 Classique Lane, Tavares, FL 32778 Contact: Nancy Malika, General Manager 909-686-6088 nmalika@jaykaymedicalstaffing.com A-1 Revised Exhibit A List of Contractor(s) 6. Meda Health, LLC Business Type: LLC Business Address: 15331 W. Bell Road, Suite 212 Surprise, AZ 85374 Contact: Logan Frank, Chief Executive Officer 480-336-1181 Ifrank@medahealthstaffing.com 7. Worldwide Travel Staffing, Limited Business Type: LLC Business Address: 2829 Sheridan Drive Tonawanda, NY 14150 Contact: Leo R. Blatz, Chief Executive Officer 866-633-3700; ext. 101 Iblatz(a)worldwidetravelstaffing.com 8. Delta Healthcare Providers Business Type: LLC Business Address: 3100 Olympus Blvd., Suite 500 Dallas, TX 75019 Contact: Reygan Wentz, Senior Principal Account VP 800-521-5060 rwentz@deltahcp.com A-2 Revised Exhibit D Compensation ATC Healthcare Services, LLC Classification Hourly Rate Occupational Therapist $94.50 Physical Therapist $98.25 Overtime Pay: 1 '/2 times the normal hourly rate will be charged for all hours worked over eight (8) in a day; 2 times the normal hourly rate will be charged for all hours worked over twelve (12) in a day; 1 '/2 times the normal hourly rate will be charged for all hours worked over forty (40) in one week. Holiday Pay: 1 1/2 times the hourly bill rate. Health Advocates Network, Inc. Classification Hourly Rate Occupational Therapist $89.00 Physical Therapist $96.00 HealthPRO Pediatrics, LLC Classification Hourly Rate Occupational Therapist $95.00 Physical Therapist $95.00 Info'ini, Inc. Classification Hourly Rate Occupational Therapist $85.00 Physical Therapist $85.00 Overtime Pay: 1 '/2 times the normal hourly rate. Holiday Pay: 1 '/2 times the normal hourly rate. JayKay Services, Inc. Classification Hourly Rate Occupational Therapist $75.00 Physical Therapist $75.00 Overtime Pay: 1 '/2 times the normal hourly rate. Holiday Pay: 1 1/2 times the normal hourly rate. D-1 Revised Exhibit D Compensation Meda Health, LLC Classification Hourly Rate Occupational Therapist $80.00 Physical Therapist $80.00 Overtime Pay: Overtime will be billed at 1.4x the base hourly rate for all hours worked over 40. Holiday Pay: Holiday hours will be billed at 1.4x the base hourly rate. Worldwide Travel Staffing, Limited Classification Hourly Rate Occupational Therapist $95.00 Physical Therapist $100.00 Overtime Pay: Overtime will be billed at 1.4x the base hourly rate for all hours worked over 40. Holiday Pay: Holiday hours will be billed at 1.4x the base hourly rate. Delta Healthcare Providers, LLC Classification Hourly Rate Occupational Therapist $94.00 Physical Therapist $94.00 D-2