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HomeMy WebLinkAboutCC AG PKT 2007-12-10 # T e AGENDA REPORT DATE: December 10, 2007 TO: Honorable Mayor and City Council THRU: David Cannany, City Manager FROM: Jeff Kirkpatrick, Chief of Police . SUBJECT: SEAL BEACH JAIL PROFESSIONAL SERVICE AGREEMENT: CHERYL PITT, R.N. (CONSULTANT) e SUMMARY OF REQUEST: At their meeting of September 23,2007, Council approved the opening and operation of the City Jail by the Police Department. Subsequently, the City Council approved the budget adjustment for Fiscal Year 2007-2009 allowing the Police Department to open and operate the city jail, which included contract professional services. Federal and state laws and codes require that medical personnel be available for inmate care. Cheryl Pitt is a California licensed registered nurse and qualified to provide medical nursing services as delineated in the agreement. Staff is requesting Council permission to sign the City Attomey approved Professional Services Agreement between the City and Consultant Cheryl Pitt, R.N. BACKGROUND: Following non-renewal of the City's contract with Correctional Systems Inc. to provide jail services, Requests for Proposals were solicited from alternate prospective jail operators. No satisfactory submissions were received. The Police Department submitted jail alternatives and budget to Council, which they approved. In preparation to open a full service jail, the Police Department selected Consultant to provide medical nursing services to jail inmates. To ensure that the City and Consultant are in mutual agreement, the City Attorney approved Professional Seryices Agreement now comes before the City Council. FISCAL IMPACT: Consultant Pitt would be paid from the Jail Operations Account 001-024-44000, Contract Professional Services, at $45.00 per visit. This would result in an annual cost of approximately $7,020. e Agenda Item T e RECOMMENDATION: Staff requests that the City Council give permission to the City Manager, or his designee, to sign the Professional Services Agreement between the City and Ms. Cheryl Pitt, R.N. that would allow her to provide the City with medical nursing services as delineated. NOTED ~D APPROVED: ~-c.._ David Cannany, cil Manager e e RESOLUTION NUMBER e A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER OR ms DESIGNEE TO SIGN SEAL BEACH PROFESSIONAL SERVICE AGREEMENT WITH CONSULTANT CHERYL PITT, R.N. The City Council of the City of Seal Beach hereby resolves as follows: SECTION I. The City Council hereby approves of the Seal Beach Professional Service Agreement allowing Consultant to provide the city witb medical nursing services for the City's jail operations as delineated in the agreement and authorizes the City Manager, or his designee, to sign necessary agreement with Cbetyl Pitt, R.N. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution. , PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular meeting held on the 10th day of December. 2007 by the following vote: AYES: COUNCII..MEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCII..MEMBERS e Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that the foregoing resolUl1on is the original copy of Resolution Number_ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at aregular meeting held on the 10th day of December. 2007. e City Clerk e e e CITY OF SEAL BEACH PROFESmONALSERVICESAGREEMENT This Agreement is made and entered into this 15 day of January 2008, by and between the City of Seal Beach ("City'') and Cheryl Pitt ("Consultant"). RECITALS A. Consultant desires to perform and assume responsibility for the provision of certain professional services for the City. Consultant represents that she is experienced in providing professional services to public clients, and is familiar with the scope of work of City. : B. City desires to engage Consultant to render professional services in accordance with this Agreement. AGREEMENT 1. Scope of Services Consultant promises and agrees to provide medical nursing services to the inmates of the Seal Beach City Jail. For purposes of this agreement, "medical nursing services" include, without limitation, the following tasks: 1.1. Consulting with the physician to determine the appropriate treatment and medical care of the inmate population. 1.2. Conducting initial briefmg regarding facility operations and security requirements and consulting with the Support Services Manager on all issues involving jail, expenditure of funds, concerns, and advice on operations. 1.3. Conducting initial intake medical screenings of inmates. 1.4. Arranging for physical examination of inmates by the physician within established time frames. 1.5. Administering and interpreting the results of tuberculin tests within the time established by law. 1.6. Consulting with the Jail Supervisor regarding medical policy and procedure and assisting with the formulation and revision of company medical policy and procedure. 1.7. Ensuring that medication is contained in a secure location and that staff properly documents any medication dispensed to inmates in the appropriate log. 1.8. Determining, with physician approval if necessary, the content of items stored or placed in the medication cabinet. 1.9. Consulting with a pharmacist, at least annually, to establish procedures for the control, administration, and disposal of all legally obtained drugs. lof8 S7296-000I\I013251 vl.doc e e e 1.10. Assisting in policy review concerning medical issues. 1.11. Training staff on proper procedure of handling medical emergencies, hazardous waste and materials, contagious diseases, inmate medication, and other medical issues. 1.12. Providing regular feedback to the Jail Supervisor and staff on medical issues arising from contacts with inmate population. 1.13. Documenting contacts with inmates in the inmate medical files and ensuring medical records are current and properly documented. 1.14. :Assisting the physician in the delivery of quality medical care to the inmate population. 1.15. Providing a yearly written report, including relevant statistical information regarding inmate contacts, reasons for the contacts, and an assessment of the overall delivery of medical services provided during the year. 1.16. Assisting jail staff during audits conducted by the Orange County Public Health Services Department. 1.17. Maintaining the facility first aid kit and ensuring its contents meet Orange County Health Department requirements. 2. Term The term of this Agreement shall begin on January 15,2008, and continue thereafter until terminated in accordance with the terms of this Agreement. 3. Responsibilities of Consultant 3.1 Control and Pilvment of Subordinates: Indeoendent Contractor All services provided pursuant to this Agreement shall be performed by Consultant or under her personal supervision. Consultant will determine the means, methods, and details of performing the services. City retains Consultant as an independent contractor and not as an employee. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, in~luding, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2 City's Reoresentative '.The City hereby designates City Manager or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have 20f8 S7296-0001\10132S1 vl.doc e e e the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction from any person other than the City's Representative or her or her designee. 3.3 Standard of Care Consultant shall perform all services under this Agreement in a skillful and competent manner, consistent with the professional standards generally recognized as being employed in the same discipline in the State of California. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services under this Agreement, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely provision of services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed by the Consultant and shall not be re employed to perform any of the services under this Agreement. 3.4 Laws and Ree:ulations Consultant shall keep himself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including without limitation all CallOSHA requirements, and shall give all notices required by law. Consultant shall be solely liable for all violations of such laws and regulations in connection with services provided under this Agreement. If the Consultant performs any work knowing it to be contrary to such laws, rules, and regulations, and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.5 Insurance 3.5.1 Time for Compliance Consultant shall not commence work under this Agreement until she has provided evidence satisfactory to the City that Consultant has secured all insurance required under this section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.5.2 Minimum Requirements Consultant shall, at its expense, procure, and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in 30f8 S7296-0001\1 013251 vl.doc e e e connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CO 0001); and (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, persona! injury and property damage and if Commercial General Liahlility Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (2) AutoII;l.obile Liability: $1,000,000 per accident for bodily injury and property damage. Consultant shall, at its expense, procure and maintain for the duration of the Agreement professional liability insurance in the amount of $1,000,000. 3.5.3 Insurance Endorsements The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (i) coverage shall not be suspended, voided, reduced, or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers; (iii) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant's insurance and shaH not be called upon to contribute with it; (iv) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (v) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the Consultant or for which the Consultant is responsible. 3.5.4 Separation ofInsureds; No Special Limitations All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 3.5.5 Deductibles and Self-Insurance Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (I) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond 40f8 S7296-0001 II 013251 v!.dac e e e guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 4. Fees and Payments. City shall pay Consultant forty-five dollars ($45.00) for each visit to the Seal Beach City Jail. Consultant should make three visits per week or as directed by the Support Services Manager or designee, either individually or in concert with other Contract Nursing personnel. Consultant shall obtain authorization in advance from the Support Services Manager before making any additional visits. Consultant shall submit to City a monthly itemized statement that indicates the number of visits each month. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 5. Termination 5.1 Termination Either City or Consultant may terminate the whole or any part of this Agreement at any time and without cause by giving by written notice to the other party of such termination, and specifying the effective date thereof, at least 15 days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services that have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 5.2 Documents and Data If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of services under this Agreement. Consultant shall provide such documents and other information to City within 15 days of the request. 6. Notices All notices permitted or required under this Agreement shall be given to the respective parties at the following address: CONSULTANT: Cheryl Pitt 20052 Vintage Lane Huntington Beach, CA 92646 CITY: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its 50f8 S7296-0001\1 01325 I vl.doc e e e applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Confidentiality All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia or any publicity pertaining to the services provided under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Attorney's Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party actual attorney's fees and all other costs incurred in connection with such action. 9. Indemnification Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Consultant, her employees, agents, arising out of or in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 60f8 S7296-000 I II 01325 I vl.doc e e e 10. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 11. Governing Law This Agreement shall be governed by the laws of the State of California. 12. Time of Essence Time i~ of the essence for each and every provision of this Agreement. 13. Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 14. Prohibited Interests Consultant maintains and warrants that she has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that she has not paid nor has she agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of her or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 15. Equal Opportunity Employment Consultant represents that she is an equal opportunity employer and she shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16. Labor Certification By its signature hereunder, Consultant certifies that she is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 70f8 S7296-000 11101325 I vl.doc e e e 17. Authority to Enter Agreement Consultant has all requisite power and authority to conduct her business and to execute, deliver, and perfonn the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. CITY OF SEAL BEACH By: David Cannany, City Manager Attest: By: Linda Devine, City Clerk Approved as to Fonn: By: Quinn Barrow, City Attorney S7296-000111 013251 vl.doc 80f8 CONSULTANT By: t~~ 11/29/2887 19:44 e e e 7149639781 FEDEX KINKOS PAGE 82 'CALIFORNI!\ 'BoARoOF REGISIEIlED ~_. ltegistered' Nurse Ii_: 416239 Cltl!RYL A PITT ~, I!lIpllancm: 1013112008 - ....C1Ive g',' '\ ' , . '. " . . ... - ---....--~.-- ----------....---_:1 .------- II!Iu.~PIlOllD:lnt ____ CRery( A. Pitt "-I_lIlY..". ""oar...".,.... n,;"q.r:...-... Bets. Adalt Cl'JI, C6l1d cPR 0& lldio.l cPR Coelllllol, <t.E.D. rrti.... "', I~...... ~tGn. C&.:..: ,~,1-r+ , ""'IIIiiJ.aQit- , ~ ,;,.~ ..._~-~ ~~~,~ --.-.-.....--......,."..." --.. '. --"-'-'--"'''''' .... ---------------~-----------_.. ..