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HomeMy WebLinkAboutP-20-247 Agreement for ELITECARE MEDICAL STAFFING, Inc.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-20-247 July 6, 2020 Elitecare Medical Staffing, Inc. 716 E. Locust Ste 103 Fresno, Ca 93720 The County of Fresno (County) hereby contracts with Elitecare Medical Staffing, Inc. (Contractor) to Provide Temporary Medical Staffing in accordance with the text of this agreement, Exhibit “A”, Exhibit “B”, and Exhibit “C” by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2020 and shall remain in effect through June 30, 2021. EXTENSION: This Agreement may be extended for One (1) additional one (1) year period by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Exhibit “A” attached, at the rates set forth in Exhibit “B”, and Exhibit “C”. ORDERS: Orders will be placed on an as-needed basis by The County of Fresno, Public Health Department under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One Hundred and Ninety-Nine Thousand Dollars ($199,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing 761sjp. PROCUREMENT AGREEMENT NUMBER: P-20-247 Page 2 Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers 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 Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies 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. PROCUREMENT AGREEMENT NUMBER: P-20-247 Page 3 Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. 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. 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 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, Public Health Department, 1221 Fulton Street, 6th floor Contracts, 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 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor PROCUREMENT AGREEMENT NUMBER: P-20-247 Page 4 Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Exhibit "A", Exhibit “B” , and Exhibit “C” in response thereto); (2) Exhibit “A”, (3) Exhibit “B”, (4) and Exhibit “C”. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Erin Jones, Purchasing Technician, at 559-600-7120 or ejones@fresnocountyca.gov FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:EJ PROCUREMENT AGREEMENT NUMBER: P-20-247 Page 5 Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56201685/56201683 Account No.: 7295 Requisition No.: 5622001111 (01/2020) Stacey Green Director of Operations 761 E Locust Ave, Ste. 103 Fresno 93720CA (559) 438-7700 (559) 446-2170 spoggi@elitecare.net Steven J. Poggi, President Elitecare Medical Staffing, Inc , PROCUREMENT AGREEMENT NUMBER: P-20-247 Exhibit A Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX E x h i b i t "A " Scope of Work The County of Fresno (County) Department of Public Health (DPH) is in need of temporary licensed and unlicensed medical staff (Registered Nurses, Licensed Vocational Nurses and Medical Assistants or Certified Nursing Assistants with valid licensure and/or certification in the State of California) to provide COVID-19 monitoring and testing services to adult inmates and youths housed in the Fresno County Sheriff’s Office detention facilities and the Fresno County Probation Department’s, Juvenile Justice Campus (JJC), respectively. In addition, temporary staff may be utilized for any unforeseeable urgent communicable disease outbreaks in the detention facilities. Temporary staff will work with County staff and the County’s contracted medical care provider (Wellpath) for the detention facilities to best serve the adult inmate and youth populations. Temporary staff will be requested and shifts assigned on an as needed basis by the County to work in the detention facility. Temporary medical staff will provide medical care and work in the following conditions: x Under general instruction/direction of on duty physicians, Medical Director, Clinical Supervisor, Head Nurse, and/or Staff Nurse, provide medical/nursing care for inmate health services for adults and youths being arraigned/remanded into custody of the Sheriff’s Office and/or Probation. x Work with the County’s contracted medical and behavioral health provider while in the detention facility. x Provide monitoring of symptoms and testing for communicable disease. x Work effectively in stressful, emotional, and confrontational situations. x Accurately follow oral and written instructions. x Assess and react rapidly to emergency situations and have a high degree of maturity, possess good judgment and cultural sensitivity to youths persons of diverse ethnic and social backgrounds. The adult inmates are housed at the Fresno County Sheriff’s Office (FCSO) detention facilities (Main Jail, North Annex Jail and South Annex Jail), located at 1225 M Street, Fresno, CA 93721, respectively. The adult detention facilities are No-Hostage Facilities. Temporary staff assigned to work in the detention facility must be able to pass, to the satisfaction of the FCSO, a security and background check for facility access to be performed by the FCSO at least two weeks prior to job assignment to obtain approval to enter the facility. In addition, temporary staff shall be required to sign a Sheriff’s Office Sexual Misconduct and Abuse Policy Acknowledgement. The juvenile detention facility is a 24 hour facility, however, shifts are two (2) 8hour shifts, from7:00 a.m. –3:30 p.m. and 12:00 p.m. –8:30p.m., with a30minute lunchbreak. Shifts may be subject to change in the future based on program needs. PROCUREMENT AGREEMENT NUMBER: P-20-247 Exhibit B Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX E x h i b i t "B " PROCUREMENT AGREEMENT NUMBER: P-20-247 Exhibit B Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX PROCUREMENT AGREEMENT NUMBER: P-20-247 Exhibit C Elitecare Medical Staffing, Inc. July 6, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-247 ELITECARE MEDICAL STAFFING INC\CONTRACTS & AMENDMENTS\P-20-247 AGREEMENT FOR ELITECARE MEDICAL STAFFING, INC.DOCX E x h i b i t "C " OVERTIME AND HOLIDAY Overtime Rate Overtime rate is based on the shift assignment and hourly regular rate of pay assigned (Exhibit B). Shifts may vary based on mutual agreement between the COUNTY and CONTRACTOR. 1. Work week - The work week of CONTRACTORS’ employees shall begin 12:01 a.m. on Monday and end 12:00 midnight on Sunday. 2. Overtime – CONTRACTORS’ employees who are not on an approved alternative work week schedule shall receive time and one-half (1½) for hours worked over eight (8) hours in a day or forty (40) hours in a work week. 3. Approved Alternative Work Week Schedules – CONTRACTORS’ employees who have written approval by CONTRACTOR and COUNTY to have an alternative work week schedule (e.g., to work four 10 hour shifts or three 12 hour shifts in a work week), shall receive time and a half (1 ½) for all hours worked in excess of forty (40) hours per work week. 4. Double time – All CONTRACTORS’ employees are entitled to receive two hundred percent (200%) of their regular rate of pay for all hours worked over twelve (12) hours in a day. Holidays Whenever the dates listed below fall within the assigned shift they shall be considered holidays by the CONTRACTORS’ employees. CONTRACTORS’ employees are eligible for holiday pay only if they work on such holiday. Whenever CONTRACTORS’ employees work on a holiday as defined herein, the time so worked shall be paid as overtime, one and one-half (1½) times the regular rate of pay (Exhibit B). Holiday start is 12:01 a.m. eve of holiday date, through 12:00 midnight of the holiday – 24 (twenty-four) hours. 1. January 1 (New Year’s Day) 2. Third Monday in January (Martin Luther King, Jr.’s Birthday) 3. Third Monday in February (Washington – Lincoln Day)/ 4. . March 31 (Cesar Chavez´ Birthday) 5. . Last Monday in May (Memorial Day) 6. July 4 (Independence Day). 7. . First Monday in September (Labor Day) 8. . November 11 (Veteran’s Day) 9. Fourth Thursday in November (Thanksgiving Day) 10. December 25 (Christmas)