25CRW018_-_Exhibit_A.pdf

California Department of Veterans Affairs Agreement Number: 25CRW018 Exhibit A - Scope of Work TBD

TEMPORARY/RELIEF REGISTERED DIETITIAN, FOOD SERVICE TECHNICIAN & COOK SPECIALIST

SERVICES

1. INTRODUCTION

A. Contractor shall provide temporary/relief services, on an as-needed basis, to the California Department of Veterans Affairs (CalVet). Contractor shall provide services for the benefit and care of residents at the Veterans Home of California – West Los Angeles (Home) located at 11500 Nimitz Avenue., Los Angeles, CA 90049. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated. Services shall be provided at the Home or, when medically necessary, at the Contractors clinic, upon request and under the direction of the CalVet Contract Manager, or designee.

B. Contracted services shall be used to fill temporary vacancies, substitute for full-time CalVet employees while on extended leave, provide temporary services when appropriate staffing levels cannot be maintained with civil service staff, or when the requested services are not available within state civil service.

C. Provider must be able to perform the tasks associated with providing services under the scope of their license. Contractor agrees that all Providers will be required to render health services as stated below and as required by law on an as needed basis. Providers will perform services in accordance with federal and state laws and regulations and CalVet policies and procedures and shall at all times comply with universal safety precautions and maintain CalVet security measures and a safe work environment.

D. Contractor agrees that, unless otherwise stated, all expenses associated with travel to and from the

Veterans Home, lodging, and all training expenses for Providers shall be borne by the Contractor or the Provider, and will not be reimbursed separately by CalVet. Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

E. Contractor is not authorized to deliver or commence performance of services as described in the

Agreement until written approval has been obtained from CalVet Contract Manager, or Designee, and the Contractor has received a copy of an executed contract from CalVet. For purposes of this Agreement, the State designee must be a civil service employee. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor.

2. CONTRACTOR’S RESPONSIBILITIES

A. Services and all requirements as stated below and as required by law shall be provided by the Contractor for the contracted services, at the request of the Contract Manager, or designee. The services shall include, but are not limited to the following:

1. Contractor must have a minimum number of Providers to adequately provide services who meet the requirements specified in Exhibit A–1, Service Specifications. Contractor must provide the State with proof of any required training, licenses, permits, certifications and any other required documents as stated below and as required by law, for each of the Providers providing services under this Agreement. Services will be performed only by Providers who meet the requirements outlined in this Agreement.

2. The Contract Manager, or designee, shall approve in advance all required Provider assigned to the

Agreement. If any Provider of the Contractor is unable to perform due to illness, resignation, or factors beyond the Contractor’s control, the Contractor shall immediately submit qualifications (within seven (7) days) of proposed substitute Provider to the Home for approval. Failure to do so may be cause for termination of this Agreement. The Home shall be notified of any additions or corrections to the Contractor’s list of prospective Providers at least five (5) working days before the Provider’s start date.

3. The Contractor shall ensure each Provider has an identification badge which includes the name of the Provider, Name of the Contractor (if different), and a photo identification. The badge shall be worn by the Provider at all times while at the Home.

4. In the event that any Providers provided by the Contractor are dismissed or declined at a CalVet Home, the Contractor shall inform the Contract Manager or designee, at any other Home of which the said Provider provides service of this fact upon notification of the dismissal.

B. Reports

CalVet reserves the right to request Contractor to provide reports or information as needed. The reports shall be submitted in electronic format and sent via electronic mail as requested by CalVet. If electronic mail is not available, arrangements will be mutually agreed upon by the Contractor and CalVet Contract Manager or designee.

3. PROVIDER’S QUALIFICATIONS

Provider’s qualifications are noted in Exhibit A–1, Service Specifications.

4. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

Prior to providing services as outlined in this Agreement, Contractor shall ensure that each Provider possess and maintain throughout the term of this Agreement, all licenses, permits, and certification requirements noted in Exhibit A–1, Service Specifications.

5. REQUEST FOR SERVICES

A. Services may be provided on an as-needed basis, in accordance with CalVet policies and procedures, to ensure the best quality of treatment to meet the needs of residents at the Home.

B. Upon advance request by the CalVet Contract Manager or designee, registry staff coverage shall be provided to cover operations Monday through Sunday, including State holidays, from 5:00am to 8:00pm.

Staff hours will be scheduled to work eight-hour (8-hour) shifts 5 days per week between the hours of 5:00am and 8:00pm, with an unpaid ½ hour or 1-hour lunch break. Hours are subject to change based on need and hours of operation.

C. Contractor shall have a telephone number and a contact person available by telephone twenty-four (24) hours a day including weekends and holidays for the duration of the contract. The initial contact will be by telephone; however, CalVet will make every attempt to follow-up with an e-mail.

6. RESPONDING TO A REQUEST FOR SERVICES

A. The Contractor shall respond to the Home’s request for services within the stated response time AND submit the following documents:

1. Provider’s current Resume/Curriculum Vitae, which shall include the following information:

a. All education including name and location of university or college, business, correspondence, trade, or service school; course of study; units completed (semester/quarter); diploma, degree or certificate obtained; and date completed;

b. All relevant work history including classification/job title, job duties performed, “to and from” dates

(month and year), and any other information necessary to determine qualifications of Providers;

c. Name of organization for which work was performed;

d. Supervisor name and contact information for each job;

e. References: All applicants are required to provide a list of three professional references, including each reference’s name, title email address and phone number, and consent to the hiring manager contacting those individuals as part of the selection process.

f. If the applicant has provided services to CalVet previously, the Provider must include the name of the specific Home, to and from dates of service, and immediate supervisor’s full name and telephone number; and

g. At least two (2) professional references and their contact information.

Note: Contact information shall be current and have a valid telephone number and/or e-mail address.

2. Copies of any current and valid license(s), permits, and/or certification(s) as stated and as required by law. (Refer to Exhibit A-1, Service Specifications, for requirements.)

B. Responses to phone and e-mail inquiries without the requested documents may be deemed as non-responsive.

7. SCHEDULING

A. Contractor and Provider shall ensure that all ordered services have prior authorization in accordance with the Home and are mutually agreed upon between the Contract Manager, or designee, and the Contractor.

B. At the time of scheduling, CalVet shall provide the Contractor with an estimated period of time the Home anticipates the need for contracted services. This will be a good faith estimate based on the circumstances known to CalVet at the time of the request. It is not a guarantee of business, and is subject to change depending on CalVet’s ability to fill staff vacancies and/or the return to work of CalVet staff from long-term leave, and fluctuations in the Resident population. However, CalVet shall endeavor to provide five (5) working day notice prior to cancellation of Provider’s assignment.

C. Contractor shall provide services to Home within twenty-four (24) hours notification by CalVet or as mutually agreed upon between the Home Contract Manager or designee and Contractor. Requests for services shall be for a minimum of four (4) hours. When requesting services, CalVet shall inform the Contractor of 1) the duration of services, 2) the number of staff required, and 3) the length of each shift assignment (4, or 8 hours). If the duration of services must be extended, CalVet shall make every attempt to notify the Contractor not less than twenty-four (24) hours before the end of the current service period.

The Contract Manager, or designee, shall document the request in writing.

D. Providers shall report for beginnings/endings of shifts in accordance with the policies and procedures of the requesting Home.

E. Contractor is responsible to replace any of the registry staff call offs.

8. OVERTIME

It is the Contractor’s responsibility to ensure compliance with all Federal, State, and local regulations regarding wage and hour laws and provision of overtime for shifts in excess of eight (8) hours.

9. PROVIDER’S RESPONSIBILITIES

Please refer to Exhibit A–1, Service Specifications, for details.

10. CANCELLATION

A. Contractor shall give advanced notice to the Contract Manager, or designee, prior to cancellation of scheduled clinics/services, if for reasons other than illness, at least twenty-four (24) hour notice.

B. Notification for cancellation shall come from the Contractor. CalVet will not accept any call-offs originating from registry staff. The Contractor is responsible for replacing any call-offs from their registry staff to ensure adequate coverage based on the Home’s needs.

C. CalVet may cancel or change assignments by telephone, without incurring any liability, up to twenty-four (24) hours before a Contractor’s and/or Provider’s scheduled reporting time. If CalVet cancels or changes a requested assignment for any reason, including emergency security situations, less than twenty-four (24) hours before a scheduled reporting time, CalVet shall pay ½ of the hourly rate for the scheduled shift per Exhibit B-1, or at the State’s discretion, find suitable tasks (based on licensure) for the shift.

11. INDEPENDENT CONTRACTOR STATUS

A. The Contractor/Providers shall be considered “Independent Contractors” in relation to CalVet and the

State. Therefore, the Contractor/Providers shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from the CalVet or the State including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay

2. Medical Insurance

3. Vacation or Sick Leave

4. Worker’s Compensation

5. Other employee benefits

12. ORIENTATION/TRAINING

A. Contractor agrees that prior to reporting for work at the Home, all Providers shall complete any required orientation and training to become familiar with the operations of the Home, its medical facilities, Title 22 of the California Code of Regulations, Title 42 of the Code of Federal Regulations, and any other laws or bylaws that may apply to the Home.

1. The Home shall provide a minimum of eight (8) hours of orientation training towards Home processes.

2. Payment for orientation training shall be given after said Provider completed a minimum of one (1) full eight (8) hour shift.

3. Payment for orientation training shall be based on rates listed in Exhibit B.

B. To maintain continuity of services and ensure safety for all workers, Contractor shall make available to the Home only those Providers who have completed the required orientation and training.

13. HEALTH CLEARANCE

A. Contractor shall comply with the Home’s infection control policies and procedures. Initial and annual health clearance to include tuberculosis (TB) screening and Hepatitis B vaccine series offer (initial only) is required by Home policy of all state employees, contract employees and volunteers in order to meet state facility licensure requirements.

B. Initial TB screening may include, but not be limited to, 2-step TST/PPD testing and/or X-ray, and TB questionnaire. Annual TB screening may include, but not be limited to, 1-step TST/PPD testing and/or X-ray, and TB questionnaire. The health clearance process must be completed prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

C. Pre-employment/pre-assignment and annual health screening performed for Contractor or Contractor’s employee will be at the Contractor’s expense. As part of compliance with OSHA Regulation 1910.1030–

Bloodborne Pathogens, the Home will extend the Hepatitis B vaccine series offer to requesting Contractor staff. The Home reserves the right to charge a per-individual charge consistent with community rates for health screening and vaccination services performed at the Home. Such charge(s) will be deducted from the Contractor’s invoice.

D. Requests to utilize the Contractor’s own health care provider for employment health clearance to include, but not limited to TB Testing and/or X-Ray, and Hepatitis B vaccination series offer, shall be made directly to the Contract Manager, or Designee. When utilizing Contractor’s own health care provider, Contractor shall submit medical reports/documentation to the Home’s Ambulatory Care Clinic indicating the individual is cleared to perform their duties and is free of communicable disease. The medical documentation must be submitted prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

E. Failure to comply with the Home’s infection control policies shall result in immediate Provider suspension, contract suspension or termination. Any suspension will remain in effect until a medical clearance is provided to the Home’s Infection Control Specialist, Director of Nursing, or Chief Medical Officer.

F. During times of pandemic (such as COVID-19) or other instances of widespread viral or bacterial infections, additional precautionary infection control steps may be implemented and required by the Home. These may include, but are not limited to: wearing CalVet approved masks and/or face shields, extra or special cleanings, social distancing, partitions, adjusted hours and obtaining additional clearance certifications that may be required by local, state or federal health authorities.

G. Providers shall comply with the Home’s COVID-19 Mitigation Plan and follow all current COVID-19 guidelines for precautions.

14. BACKGROUND CLEARANCE

A. Background clearance involving fingerprinting is required by Home policy of contract employees and volunteers prior to assignment to the Home in order to meet state facility licensure requirements.

B. Live-scan is the only acceptable form of fingerprinting for the Home. The home will bear the one-time cost of fingerprinting fees for Contractor or Contractor’s employee(s) selected to perform services at the Home only when the Contractor or Contractor’s employee(s) utilizes the Live-Scan service at the home.

C. In the event the prospective Contractor or Contractor’s employee(s) fails to appear for the Live-Scan fingerprinting service within the prescribed period or appointment, the individual will not be considered for assignment at the Home.

D. Contractor shall be solely responsible for the cost when selecting an alternate Live-Scan site. The Home’s

Personnel Office must receive the Live-Scan results prior to approving assignment to the Home.

15. INSPECTIONS

Inspections shall be carried out by the Contract Manager or designee, at various times during the Agreement term to check on the quality and quality of work and determine acceptability of work performed before Agreement payment will be approved.

16. FAILURE TO PERFORM

A. CalVet shall routinely evaluate the work performance of the Contractor and/or Provider to determine if CalVet standards and Departmental/Home policies and procedures are being maintained. Any Contractor, and/or Provider who fail to perform or who are physically or mentally incapable of performing the required duties of this Agreement shall not be permitted to perform service.

B. CalVet shall offer Contractor a maximum of three (3) service request attempts and/or within a thirty (30) day period of time per request. Failure to provide services on three (3) or more occasions and/or within thirty (30) days may result in termination of the Agreement.

C. The Home’s Contract Manager, or designee, shall state in writing the reasons the Contractor and/or

Provider did not meet the required policies or standards and submit a copy to the Contractor and to the Contract file. CalVet shall not pay Contractor for any services performed by Contractor and/or Provider which are deemed unacceptable in accordance with the required services contemplated by this Agreement.

17. TRANSITION OF SERVICES

A. In the event the Contractor has an Agreement from a prior bid for the same services in this Agreement, the State shall pay for services using rate(s) in the prior Agreement for the period of time up to and including the term end date of that Agreement.

B. The transition period is defined as the time when the new Agreement(s) with new Contractor(s) are approved by the DGS/Office of Legal Services (DGS/OLS), and the Home(s) must begin transition activities such as canvassing the new Contractors and providing Orientation Training, Credential Requirements, Background, or Health Clearances to the new Contractor’s Providers to ensure there is not a break in services. During the transition period providers working from prior Agreements may continue to provide services based on the Home(s) needs up to the expiration/termination date of the prior Agreements.

C. The overlapping term allows new Contractors to invoice for Orientation Training as required in the Scope of work and at the rates provided in Exhibit B-1. In the event the Contractor has multiple contracts in place, Providers attending orientation will be paid at the rates given in the new Agreement for canvasses resulting from the new agreement.

18. CONTACT INFORMATION

A. The project representatives during the term of this Agreement will be:

1. CalVet Representative/Contract Manager:

Veterans Home of California, West Los Angeles 11500 Nimitz Avenue Los Angeles, CA 90049

2. Contractor Representative:

TBD

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a 20-day prior written notification and shall not require a formal amendment to this Agreement. The notifying party shall provide complete contact information for the replacement Contract Representative including, name, title, mailing address, phone/fax numbers, and email address. All other changes require a formal written amendment to this Agreement.