ALAMEDA COUNTY HEALTH CARE SERVICES

AGENCY AGENDA__ November 1 2012 ALEX BRISCOE, Director

AGENCY ADMIN. & FINANCE 1000 San Leandro Blvd, Suite 300

San Leandro, CA 94577 Tel: (510) 618-3452 Fax: (510) 351-1367

The Honorable Board of Supervisors September 28, 2011 County Administration Building 1221 Oak Street Oakland, Ca 94612

Dear Board Members:

SUBJECT: Approval Standard Services Agreement Amendment between Joseph Barger M.D., and Public Health Department, Emergency Medical Services

RECOMMENDATION:

Approve and authorize the President of the Board to sign in original signatures six (6) copies of the Standard Services Agreement Amendment, Procurement Contract #6242 between Joseph Barger M.D., Lafayette, CA and Alameda County Public Health Department, Emergency Medical Services (EMS) in the amount of $99,000, an increase of $39,000 to provide interim medical director services from May 1, 2011 through March 31,2012.

SUMMARYIDISCUSSIONIFINDINGS:

Emergency Medical Services (EMS), a division of the Alameda County Public Health Department, is the Local EMS Agency (LEMSA) designated to plan, implement, and evaluate the local Emergency Medical Services System of Alameda County. Under California Health and Safety Code 1797.202. (a), every LEMSA is required to "have a licensed full- or part-time physician and surgeon as medical director, who has substantial experience in the practice of emergency medicine,"

On April 26, 2011, your Board approved the original interim EMS medical director contract in the amount of $60,000, for the period May 1, 2011 through October 31, 2011. The main responsibilities of the medical director is to provide guidance, leadership, oversight and quality assurance for the practice of local paramedics, emergency medical technicians (EMT) training program, create protocols for treatment by paramedics, and oversight the County base hospitals.

The fonner Alameda County Medical Director retired in April, 20 10. EMS immediately started a nation-wide candidates search. After the initial offer was declined by a physician from outside of California, the EMS medical director position is now offered to a new candidate and expected to start in December 2011 . This amendment will assure medical director coverage until the position is filled permanently.

The Honorable Board of Supervisors Page 2 of2

SELECTION CRlTERlAIPROCESS:

Dr. Barger is currently working at Contra Costa County as the medical director, with over 15 years of experience. He also chairs the Trauma Audit Committee, a joint committee between Alameda and Contract Costa County. Many of the pre-hospital care policies are the same or very similar between the two Counties. Since this is an interim position, EMS needs candidates who have recent experience working as EMS medical director. Inquiries ofinterests were sent to a total of three current EMS medical directors in Bay Area counties. The other two medical directors have declined the offer. SLEB waiver #1002 was issued/or Dr. Barger's contracl valid through March 31,2012.

FINANCING:

Funding for this standard services agreement is included in the EMS Trust FWld's FY 2011-12 adjusted budget. There is no impact on net County cost.

lex . riscoe, Director Health Care Services Agency

AK.B:hc

cc: Auditor-Controller: County COWlsel

RFP No. ' I'v13ster Contract No , Procurement Contract No.

FIRST Al\'IENDMENT TO AGREEMENT

This First Amendment to Agreement ("First Amendment") is made by the County

of Alameda ("County") and Joseph Barger M.D. , ("Contractor") with respect to

that certain agreement entered by them on April 26, 2011 (referred to herein as the

"Agreement") pursuant to which Contractor provides Emergency Medical Services

Medical Director services to County.

County and Contractor agree as follows:

I) For valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, County and Contractor agree to amend the Agreement in the

following respects:

2) Except as otherwise stated in this First Amendment, the terms and provisions of this

First Amendment will be effective when executed by the County ("Effective Date").

3) The Agreement is currently scheduled to expire on October 30, 2011 . As of the

Effective Date, the term of the Agreement is extended through March 31 , 2012

4) The payment terms under the Agreement are modified as set forth in the attached

Exhibit B. This First Amendment increases the maximum total payment amount of

the Agreement to $99,000.

The total amount payable to Joseph Barger M.D. shall not exceed Ninety-Nine

Thousand Dollars ($99,000) for the period May 1, 2011 to March 31, 2012.

RFP No. ' rvt3.ster Contract No , Procurement Contract No.

5) The insurance requirements for the Agreement are modified as set forth in the

attached Exhibit C.

6) DEBARMENT AND SUSPENSION CERTIFICATION:

a. By signing this First Amendment and Exhibit D, Debannent and

Suspension Certification, Contractor/Grantee agrees to comply with

applicable federal suspension and debannent regulations, including

but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28

CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and

Executive Order 12549.

b. By signing this agreement, Contractor certifies to the best of its

knowledge and belief, that it and its principles:

1. Are not presently debarred, suspended, proposed for

debannent, declared ineligible, or voluntary excluded by any

federal department or agency;

2. Shall not knowingly enter into any covered transaction with a

person who is proposed for debarment under federal

regulations, debarred, suspended, declared ineligible, or

voluntarily excluded from participation in such transaction.

5) SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION: Waived

6) Except as expressly modified by this First Amendment, all of the tenns and conditions of the Agreement are and remain in full force and effect.

------------

RFP No. , rvt:lster Contract NO . Procurement Contract No.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement as of the day and year first above written.

COUNTY OF ALAMEDA CONTRACTOR/COMPANY NAME

By: _

Signature

Name: Name: ..J7~h .!3a.f'fj.d-ff'­(Printed) -( rinted)

I YlK--f'1 ~

Title: President of the Board of Supervisors Title: £/fd.5 M---LdA. c~ ;)r~

Date:---1-'-----''--------­

Approved as to Form:

BY:~~;;L---::~::""'-""-- _ County Counsel Signature

By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hisfher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement

RFP No. ' rvt:Ister Contract No > Procurement Contract No.

EXHIBIT B PAYMENT TERMS

1. Contractor will invoice the County on a monthly basis for services provided. Services shalt be provided and invoiced at the rate 0[$126.77 per hour.

2. Total payment under the terms of this new amendment will not exceed the total amount of$99,000. This cost includes all taxes and all other charges.

3. Invoices will be approved by EMS director Dale Fanning, and certified by Howard Chen.

RFP No. , tvtlster Contract No , Procurement Contract No.

EXHIBIT C

COUNTY OF ALAMEDA INSURANCE REQUIREMENTS FOR CONTRACTORS SUBJECT TO IRS TAX WITHHOLDING

The following Coverages will apply only if Contractor is approved by the County Risk Management and is eligible for coverage under the County's self-insurance and or excess insurance programs.

TYPE OF INSURANCE COVERAGES MINIMUM LIMITS A Commercial General Liability NA

County will extend coverage to contractor under its general liability self-insurance program. Coverage will also be extended under the County's pool/excess insurance policy. Coverage will be at the County's expense. Such coverage shall apply to the Contractor only while performing services under this agreement and is SUbject to exclusions pursuant to the terms of coverage set forth by the County's excess insurance carriers. Coverage includes: Premises Liability; Products and Completed Operations: Contractual Liability; Personal Injury and Advertising Liability.

B Automobile Liability {Required only if contractor uses their own vehicle for County business

and the contractor must state in writing that their vehicle will not be used

Stale of California Automobile Liability for Bodily Injury and Property Damage

for County business)

The conlractor is responsible for mllintaining automobile liability insurance with minimum limits of no less than that is required by the State of California. If conlTactor has insurance for an out of state license

I the Califomia minimum limlls shall apply. For limits in excess of the contractor's insurance, coverage WIll be extended under the County's pool/excess insurance policy. Such coverage shall apply to the Contractor only while performing services under this agreement and is subject to exclusions pursuant to the terms of coverage sel forth by the County's excess insurance earners.

Note: Contractor's own vehicle physical damage is not covered.

c Professional LJabilityfErrors & Omissions $1,000.000 per claim

Under certain conditions the County may extend coverage to contractor under its professional liability and/or medical malpractice liability self-insurance program. Coverage may also be extended under the County's pool/excess insurance policy. Such coverage shall apply to the Contractor only while performing services under this agreement and is subject to exclusions pursuant to the terms of coverage sel forth by the County's excess insurance carriers

Indicate here: Will County provide coverage?

YES_ NO__

RFP No. ' f\Il::lster Contract No , Procurement Contract No.

o Terms and Conditions:

1. CONTRACTOR shall immediately notify the Agency Director and Risk Manager and of any incident, which may result in a claim or suit, filed against the County. Contractor shall provide a written report within 24 hours of any such occurrence.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement.

3. County shall notify Contractor 30 days prior to any change, modification, or cancellation in coverage limits, conditions, or terms. Nothing in this agreement shall prohibit or mandate the County's participation in any insurance authority or other risk-sharing group.

4. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties. Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.

5. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of B++ or equivalent, with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sale responsibility of the Contractor.

6. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

7. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

Department/Agency issuing the contract

With a copy to Risk Management Unit (125 ­ 12111 Street. 3'd Floor, Oakland, CA 94607)

Cerlificate C-17 Page 1011 Form 2001-1 (Rev, 03/15/06)