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HomeMy WebLinkAboutResolution - 2009-R0451 - Contract - Nursefinders - Nurses To Administer H1N1 Vaccine - 10/20/2009Resolution No. 2009—RO451 October 20, 2009 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for nurses to administer H1N1 vaccine at county -wide public school clinics, by and between the City of Lubbock and Nursefinders of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 20th ATTEST: Rebecc)L,Garza, City Secretary AS TO CONTENT: Cooper,/Vire Chief APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/PES.Contract-Nursefinders of Lubbock September 24, 2009 day of October , 2009. �� '0ra - TOM MARTIN, MAYOR NurseMR The Nofessianal Choice. FACILITY STAFFING AGREEMENT Contract: 9222 Resolution No. 2009—RO451 THIS AGREEMENT is dated the 20th day of October 2009, by and between Nursefinders, Inc. (hereinafter referred to as "Nursefinders"), and City of Lubbock Health Department (hereinafter referred to as "City"). WHEREAS, City requires nursing personnel (hereinafter referred to as "Personnel") to work various shifts in the City facilities; and WHEREAS, Nursefinders has or will recruit all necessary Personnel and is willing to provide these Personnel to City; and WHEREAS, City wishes that. Nursefinders provide all Personnel that it may require, subject to the availability of such Personnel by Nursefinders; NOW, THEREFORE, the parties agree as follows: 1. Term of Agreement This Agreement shall commence on this 20thday of October 2009, and shall continue in effect until terminated. Either party can terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. This Agreement can be amended at any time by written agreement of the parties. 2. Nursefinders Responsibilities a. Upon request by City, Nursefinders shall assign as many such Personnel as are available for such assignment. Nursefinders does not guarantee at any time that all orders will be filled. b. Nursefinders shall maintain an employee file for each of its Personnel containing the following: (1) a completed application which includes education, training, skills, specialties and preferences; (2) documentation of education and training; (3) skills inventories; (4) two recent work references; (5) negative TB test and satisfactory health statement within one (1) year of hire and in accordance with state and contract requirements; (6) dates hired and oriented; (7) job description; (8) performance evaluation; (9) copy of current license, registration or certification, as applicable; (10) INS Form 1-9 and documents establishing identity and work authorization; (11) current healthcare provider CPR card obtained from American Heart Association or American Red Gross (or comparable) with hands on return demonstration,- (12) emonstration;(12) negative drug test results; and (13) background check which meets client and/or state guidelines. C. Nursefinders shall match the skills and experience levels of its Personnel to the specific needs of City. d. Nursefinders Personnel shall report to its designated supervisor before he/she begins working. e. Nursefinders shall give City four (4) hours notice regarding Personnel which Nursefinders cannot provide on advance weekly orders. ° NURSEFINDERS, INC. 1 rev'd 6-1-2009 f. Nursefinders shall notify City within thirty (30) minutes of receipt of call as to standing of emergency or same day requirement for Personnel. g. Nursefinders shall give City priority service, that is, City orders will receive priority over orders of non- contract facilities. h. Nursefinders will not actively solicit City employees for employment with Nursefinders. All Personnel assigned to City pursuant to this Agreement shall, for the purposes of this Agreement, be considered employees of Nursefinders. Nursefinders shall assume sole and exclusive responsibility for the payment of wages to its Personnel for services performed by them. Nursefinders shall, with respect to said Personnel, be responsible for withholding federal and state income taxes, paying Social Security taxes, unemployment insurance and maintaining workers' compensation insurance coverage in an amount and under such terms as required by state law. Nursefinders will verify the identity and work authority of each employee under the United States immigration laws. Nursefinders is in compliance with all state and federal laws applicable to the employment of the Personnel assigned to City. k. Nursefinders will comply with Joint Commission standards for the use of supplemental nursing services by City. Nursefinders agrees not to discriminate in the assignment of its Personnel on the basis of race, creed, color, national origin, sex, age, disability, or veteran status. 3. City Responsibilities a. City understands all Personnel provided by Nursefinders for the term of this Agreement are the employees of Nursefinders. b. Intentionally deleted. C. City shall provide sufficient information about its specific needs so that Nursefinders can match the skills and experience of its Personnel to those needs. d. City shall utilize assigned Personnel only for the specific need requested. e. City agrees that Nursefinders' duty to fill assignments is subject to the availability of qualified Personnel. f. City will not arbitrarily discriminate against its former employees who go to work for Nursefinders regarding future assignment at the City, through Nursefinders. g. During the term of this Agreement, City will not request through another service Personnel previously assigned to it by Nursefinders. h. City will orient Personnel to the City and its rules and regulations, including the physical layout and equipment on any unit to which such Personnel are assigned. In accordance with OSHA requirements, City will provide and pay for Personnel personal protective equipment (PPE). City nursing supervisors will assist Nursefinders, on a continuing basis, with evaluation of Nursefinders Personnel by providing performance information and/or access to clinical areas for observation by Nursefinders" Clinical Director. j. City shall allow Nursefinders' Personnel (on their own time) to attend appropriate City staff development programs. k. City will immediately notify Nursefinders of any problems regarding Nursefinders Personnel. City shall notify Nursefinders immediately of the initiation of any complaint, inquiry, investigation, or review with or by any licensing or regulatory authority, peer review organization, City committee, or other committee, O NURSEIFINDERS, INC. 2 rev'd 6-1-2009 organization or body which reviews quality of medical care which complaint, inquiry, investigation, or review directly or indirectly, evaluates or focuses on the quality of care provided by Nursefinders either in any specific instance or in general. City will make available to Nursefinders copies of all documentation about problems or incidents in which Nursefinders employees are involved. M. If, in the sole discretion of City, any person assigned by Nursefinders is incompetent, negligent, or has engaged in misconduct, City may require such person to leave its premises and shall inform Nursefinders of this action immediately. City's obligation to compensate Nursefinders for said services shall be limited to the hours actually worked by such person and City shall have no further obligation with respect to such assignment. City shall make every effort to request Personnel at least four (4) hours prior to reporting time. If Personnel are requested less than two (2) hours prior to reporting time, City will be billed for the entire shift. o. Intentionally deleted. City agrees not to discriminate in the assignment of Nursefinders' Personnel on the basis of race, creed, color, national origin, sex, age, disability, or veteran status. 4. Payments; Invoices Nursefinders will invoice City weekly for its services. The rates for its services are attached as Exhibit A to this Agreement. The rates for services established in Exhibit A can be prospectively amended by Nursefinders at any time upon thirty (30) days written notice to the City. City shall pay Nursefinders invoices upon receipt of invoice. Invoices not paid within forty-five (45) days are considered in default and a default charge will be imposed at one and one-half percent (1'/z%) per month on the unpaid balance (annual percentage rate of 18 percent) or the maximum interest rate allowed by law„ whichever is lower. City agrees to pay the default charge together with reasonable attorney's fees for the cost of collection. 5. Insurance Nursefinders maintains and during the term of this Agreement and any subsequent renewals shall maintain general liability insurance with limits of not less than $1,000,000 per occurrence, such general liability insurance shall name City as an additional insured on a primary and non-contributory basis, professional liability insurance coverage for all of its acts and omissions in the provision of the designated services with limits of not less than $1,000,000 per claim, and workers' compensation insurance and employees liability coverage with statutory limits, such worker's compensation coverage shall provide a waiver of subrogation in favor of the City. Nursefinders will provide proof of insurance to the City. Any cancellation will be a material breach of the Agreement. 6. Indemnification Each party to the extent allowed by law agrees to indemnify and hold the other, including its directors, officers, agents and employees, harmless from all claims, suits, judgments and demands arising from the indemnifying party's negligent and/or intentional acts and omissions in the performance of the duties prescribed by this Agreement. Each party shall give the other immediate written notice of any claim, suit or demand which may be subject to this provision. This provision shall survive the termination of the Agreement. Notices All notices shall be in writing and shall be addressed to the parties as set forth below. Notices shall be effective upon receipt or when delivered personally and shall be effective upon mailing when properly addressed with postage prepaid. O NURSEFINDERS, INC. 3 rev'd 6-1-2009 If to City: City of Lubbock 1625 13th Street Lubbock, Texas 79401 If to Nursefinders: Nursefinders of Lubbock 341523 rd Stree Lubbock, Texas 79410 Copy to: Nursefinders, Inc. 524 E. Lamar Blvd, Suite 300 Arlington, TX 76011 Attn: Contracts Department Access to Records The parties hereto agree to make available to duly authorized representatives of the Department of Health and Human Services or the Comptroller General all contracts, books, documents and records of the parties providing services hereunder necessary to verify the costs of the services provided under this Agreement. Such access will be granted until the expiration of four (4) years after the services are furnished under this Agreement. Similar access will also be granted to the contracts, books, records and documents subject to Section 1861 of the Social Security Act between the parties providing the services hereunder and any obligation related to such parties. 9. HIPAA Privacy Protection Health Insurance Portability and Accountability Act of 1996, Public Law 104 191 ("HIPAA") and the regulations promulgated thereunder, including, without limitation, the regulations codified at 45 CFR Parts 160 and 164 (the "Privacy Regulations"), and other applicable laws, in each case, as amended from time to time, Nursefinders understands and agrees to abide by the City's privacy policies and to not use or further disclose any patient's personal health information except as expressly permitted by this Agreement or as otherwise authorized in writing by the patient through a consent or authorization meeting the requirements of the Privacy Regulations. Nursefinders agrees to implement appropriate safeguards to prevent the unauthorized use and disclosure of any patient's personal health information received by Nursefinders under this Agreement. In addition, Nursefinders shall make available to the City the protected health information for amendment purposes, should changes to the information be necessary or to provide an accounting of disclosures of the protected health information. 10. Fraud and Abuse Prevention and Detection Nursefinders ensures that all employees, including management, contractors or agents are educated regarding (1) the Federal False Claims Act (31 USG 3729-33), (2) similar state false claims laws, (3) other federal -program administrative remedies for false claims and (4) the role of such laws in preventing and detecting fraud, waste and abuse in government health care programs. Nursefinders takes issues regarding false claims and fraud and abuse seriously and requires all employees, management, contractors or agents of the company to be aware of the laws regarding fraud and abuse and false claims and to identify and report any related issues immediately to their immediate supervisor, Nursefinders report or to the Nursefinders Corporate Compliance Officer at 877-377-0770. 11. Public Relations Intentionally deleted. 12. Equal Opportunity Employment Nursefinders is an Equal Employment Opportunity employer. As such, 41 CFR 60-1.4(a), 60-250.5 and 60-741.5 are herein incorporated by reference. O NURSEFINDERS, INC. 4 rev'd 6-1-2009 13. Waiver A failure of either party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. No party shall be deemed to have waived any rights hereunder unless the waiver is made in writing and is signed by the waiving party's duly authorized representative. 14. Severability The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term(s) or provision(s); however, in the event that a provision of this Agreement is rendered invalid or unenforceable by any governmental or judicial action, and its removal materially alters the obligations of either party, the party so affected shall have the right to terminate this Agreement upon thirty (30) calendar days prior written notice to the other party. 15. Prevailing Party Intentionally deleted. 16. Governing Law; Venue This agreement shall be governed by and construed in accordance with the laws of the State of Texas 17. Entire Agreement; Binding Effect This Agreement constitutes the entire understanding and agreement between the parties relating to their relationship as to matters covered by this Agreement, and supersedes all prior understandings, representations, and agreements relating hereto. This Agreement may not be amended except pursuant to a written agreement signed by both parties. This Agreement shall be binding upon and shall inure to the benefit of Nursefinders and City and to their successors and assigns only upon signature of approval by both parties and appropriate representatives. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. City of Lubbock Health Department By: / "` /% Nursefinders, Inc. By: VJ . J, Print Name: Tom Martin Print Name: Title: Mayor Title: Date: October 20, 2009 Date: al z C3 Approved as to Form Chad Weaver Assistant City Attorney Approved as to Content RHea Coopd Fire Chief ATTEST: Rebec Garza, City Secret; aNy U NURSEFINDERS, INC. 5 rev'd 6-1-2009 Resolution No. 2009—R0451 EXHIBIT A Rate Schedule for City of Lubbock Health Department The rates below shall commence on September 24, 2009. Said rates shall continue in effect after the date above unless and until thereafter amended upon thirty (30) days written notice. BILLING RATE (Per Hour) Overtime Overtime is defined as those hours worked in excess of forty (40) hours in a one week pay period. Overtime must have City supervision approval. The overtime rate is one and one-half (11/2) times the regular billing rate for each hour worked. Holidays Holiday rates are paid for the day, evening and night shifts on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas and for the evening and night shifts on Christmas Eve and New Year's Eve. The holiday billing rate is one and one-half (11/2) times the regular billing rate for each hour worked. Nursefinders' work week begins at 7:00 a.m. Monday and continues through 6:59 a.m, the following Monday and will be billed accordingly. NURSEFINDERS, INC. 6 rev'd 6-I-2009 7-3 3-11 11-7 7-3 3-11/11-7 M -F M -F M -Th Weekend Weekend Registered Nurse $40.00 $40.00 $40.00 $40.00 $40.00 Licensed Practical/ $30.00 $30.00 $30.00 $30.00 $30.00 Vocational Nurse Overtime Overtime is defined as those hours worked in excess of forty (40) hours in a one week pay period. Overtime must have City supervision approval. The overtime rate is one and one-half (11/2) times the regular billing rate for each hour worked. Holidays Holiday rates are paid for the day, evening and night shifts on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas and for the evening and night shifts on Christmas Eve and New Year's Eve. The holiday billing rate is one and one-half (11/2) times the regular billing rate for each hour worked. Nursefinders' work week begins at 7:00 a.m. Monday and continues through 6:59 a.m, the following Monday and will be billed accordingly. NURSEFINDERS, INC. 6 rev'd 6-I-2009