CS259002_Exhibit_A_Scope_of_Work.pdf

CS259002

EXHIBIT A

SCOPE OF WORK

1. GENERAL SCOPE

Contractor shall act as the State's strategic staffing partner to provide contingent licensed and certified clinical staffing to fill temporary vacancies and positions, substitute for Department of Developmental Services employees while on leave, provide temporary services when appropriate staffing levels cannot be maintained with civil service staff, and provide services when the requested services are not available within the State civil service. The State will communicate its clinical staffing needs to Contractor using a method agreed upon by the Parties. Contractor will use all reasonable efforts to recruit, submit and staff qualified Candidates to fulfill the State's needs.

If this staffing contract or positions cannot fulfill the facility need for Psychiatric Technician and /or Psychiatric Technician Assistant/CNA , additional contract services will be requested from other approved contractors in order of cost, lowest to highest. DDS will continue to work through contractors in order of lowest cost until the need for services is met, or all approved contractors have been exhausted.

The term of the contract is July 01, 2025 or when fully executed by the Department of General Services (DGS), whichever is later, through June 30, 2027. The State retains the option to renew the contract with a one (1) year option to extend at original rates submitted by the Proposer. This contract may be terminated by DDS with thirty (30) days written notice to the Contractor.

Provided services may include basic and general nursing care, medical services, behavioral training and other professional, ancillary and support services for clients following established standards and procedures. Duties will include, but not be limited to the following:

a. Nursing staff administer medications and treatments; records temperature, pulse, and blood pressure;

provide first aid and other services within the scope of duties authorized by the appropriate licensing authority.

b. Medical staff examine, assess, diagnose, and treat clients within the scope of duties authorized by their license.

c. Assist clients in all activities of daily living and personal care. These duties may include lifting, positioning and assisting with client mobility.

d. Escort clients on the facility grounds and in the community, including but not limited to medical appointments, and transitional activities.

e. Observe and document clients’ physical conditions and behavior and reports significant changes to appropriate State staff.

f. Perform written and/or electronic documentation.

g. Maintain a safe, sanitary, and therapeutic environment, which promotes respect and dignity, and protects the privacy, rights, confidentiality, and physical/emotional well-being of clients.

h. Provide one-to-one supervision/direct observation of clients on special precautions.

i. Provide possible physical interaction with strong individuals who have issues with impulse control, aggression, and self-injurious behaviors.

j. Respond to emergency situations.

k. Be responsible for the protection of the public and state property by providing supervision and supports for individuals residing in the Canyon Springs Facility Secure Treatment Program.

l. Contractor/Candidate must have experience working with individuals with developmental/intellectual disabilities and/or psychiatric disabilities.

As used in this Agreement, the phrase "Candidates" means contracted personnel which may include registered nurses, physicians, certified nurse assistants, psychiatric technicians, clinical technicians, occupational and physical therapists, and other clinical and allied healthcare professionals, who are assigned to perform work for State on a temporary or supplemental basis for a specified assignment duration of one (1) to seventy-eight (78) weeks in length.

“State” is the State of California Department of Developmental Services which provides services at the following location:

Canyon Springs Community Facility 69-696 Ramon Road Cathedral City, CA 92234

2. PROJECT REPRESENTATIVES

Canyon Springs:

CA Department of Developmental Services Stephanie Herrera Program Director Canyon Springs Community Facility

(760) 770-6210 stephanie.herrera@cs.dds.ca.gov

Contractor:

TBD

The State Project Representative or her designee shall approve all Candidates prior to their assignment at a location.

Either party may designate a different project representative and provide updated contact information by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

3. MINIMUM QUALIFICATIONS AND ADDITIONAL REQUIREMENTS

a. Contractor will ensure that all Candidates at the time of assignment will be in compliance with California laws and regulations, Executive Orders of the Governor of California, directives from California government entities, such as the Department of Public Health, and Department of Consumer Affairs, and such other entities as requested by the State.

mailto:stephanie.herrera@cs.dds.ca.gov

b. Contractor must provide the State with proof of any required training, licenses, permits, certifications, background investigation and fingerprint clearances, drug screening clearances, and any other requested document, for each Candidate providing services under this Agreement. Services will be performed only by Candidates meeting current requirements, and services cannot start until approved by State.

c. Contractor will provide State a point of contact for requesting and coordinating services herein referred to as “Scheduler”. The Scheduler must be a live person and not an automated voice mail system, during the hours of 7:00 am to 6:00 pm, seven days a week; and a designated after hours contact number and email to submit emergent request which the Contractor must confirm as received no later than the next day between 7:00 am to 8:00 am, seven days a week.

d. Candidate must wear attire appropriate to the work environment and in adherence to facility Policies. Safe and appropriate footwear is required. The State shall not be responsible for damaged, lost or stolen items of Candidates.

4. CANDIDATE SCREENING & STATE POLICIES

State shall screen Candidates in a manner of their choosing, accept or reject Candidates submitted by Contractor in a timely manner and notify Contractor of the starting date, unit, shift, and orientation schedule for each accepted Candidate. Prior to any Candidate commencing work with State, State shall furnish Contractor and the Candidate with copies of all State policies and procedures relevant to the scope of practice and duties of such Candidate's assignment and with which the Candidate will be expected to comply, including, but not limited to, the following: job description(s), performance standards, infection control, blood borne pathogen protection, abuse and neglect, patient privacy and confidentiality, medical record keeping, and ethics codes.

5. CANDIDATE COMPETENCY DOCUMENTATION AND COMPLIANCE DOCUMENTATION

Contractor shall maintain on file Competency Documentation and Compliance Documentation for each Candidate. "Competency Documentation" will include documentation of the qualifications of each Candidate necessary to establish competency, which may depend on the position and type of Candidate at issue, but may include completed employment application and professional references, primary source verification of State Licensure, clinical skills checklist(s), unit and medication competency exams, Basic Cardiac Life Support and Advanced Certifications, and documentation showing that a Clinical Candidate has a minimum of one year of experience. "Compliance Documentation" will include the following: a negative 9-panel drug screen, negative PPD test results or Quantiferon Gold (or, if past positive PPD, chest X-ray with TB questionnaire), physical health screening as required by the State, Varicella documentation, Rubella, Mumps and Rubeola documentation, Hepatitis B documentation, OIG and GSA search, and criminal background check.

Contractor shall maintain documentation to the extent consistent with standards of the State's licensing entity and applicable laws.

6. PROVISION OF DOCUMENTATION

Contractor shall use all reasonable efforts to provide to State the required Competency Documentation and Compliance Documentation one week prior to the Candidate's start date, but failure to provide such documentation one week prior shall not affect the Candidate's ability to start an assignment, provided the required documentation is provided by the time of start. All State requests for additional documentation must be made in writing. State also agrees that for some positions the Parties may mutually agree to waive certain compliance documentation requirements and such waivers may be made in writing, including through electronic mail.

7. CONFIDENTIALITY OF CANDIDATE DOCUMENTATION

State agrees to treat all Competency Documentation, Compliance Documentation, and other personnel information relating to Candidates as Confidential Information, and prevent public disclosure to the extent required by applicable state and federal law, unless authorized by law or the Candidate to disclose.

8. CANDIDATE COMPENSATION

Contractor will (i) employ and compensate the Candidates for hours worked for State; (ii) deduct all applicable payroll taxes such as FICA, Federal and State taxes from the compensation of Candidates as required by law;

and (iii) maintain relevant employment documentation such as an I-9 form, W-4 Form, and Candidates’ photo identification.

9. CANDIDATE PERFORMANCE

a. State shall notify the Project Representative immediately and provide written documentation of any unsatisfactory performance or conduct by any Candidate.

b. State may provide performance evaluations from its Director of Nursing or equivalent personnel to Contractor in the event of any unsatisfactory performance or conduct.

10. REPORTING

Sentinel Event Reporting: A Sentinel Event is a patient safety event that results in death, permanent harm, or severe temporary harm. In the event of a Sentinel Event relating to any Candidate, State must report the Sentinel Event to Contractor within twenty-four hours. Reports should include the name of the Candidate and any other persons involved, as well as the date, time, location, and description of facts and circumstances surrounding the Sentinel Event. The Parties agree to use reasonable efforts to timely assist each other in conducting investigations of such Sentinel Events. In the event any Candidate makes a claim against State alleging any wrongdoing, this shall also be treated as a Sentinel Event and State shall notify Contractor within twenty-four hours.

Candidate Injury Procedures: In the event of an unexpected injury to any Candidate at State’s job site, State will instruct the Candidate to notify Contractor and to seek treatment at a third-party healthcare provider designated by Contractor unless the injury is an emergency. In the event of an emergency, State will immediately send the injured Candidate to the closest emergency room and provide transportation, if necessary or appropriate, via ambulance at Contractor's expense. State must notify Contractor of injuries to Candidates within eight (8) hours of learning of injury and promptly complete and submit the name of Candidate involved, as well as the date, time, location, and brief description of events and other persons involved in the incident.

11. FLOATING

State agrees to float Candidates in rotation with State’s staff and in accordance with State’s floating policies, as well as the clinical experiences of the Candidate being asked to float, including the provision of an appropriate orientation to the new unit.

12. SUPERVISION AND MANNER OF WORK

Candidates are not supervised by Contractor; they are subject at all times to State's direct and indirect supervision. State shall be solely responsible for the direction, control and supervision of all Candidates and shall retain professional and administrative responsibility for the work performed by Candidates. State shall be responsible for determining the clinical competencies required of Candidates.

Notwithstanding the foregoing, State shall not, without the prior written consent of Contractor, permit or request any Candidate to perform any work or task or render any service that does not fall within the scope of the duties and responsibilities for such Candidate's confirmed assignment or at any work location other than the confirmed location.

State shall schedule Candidates so as to allow them sufficient time to take any legally required meal break, including an unpaid thirty (30) minute lunch break, rest, or recovery breaks. If Contractor determines that paying premium overtime pay is due a Candidate who has missed a meal, Contractor will notify and provide documentation to State and retains the right to bill State for said premium overtime payment once the need is factually established.

13. SAFEY WITHIN WORKING ENVIRONMENT

State agrees to provide Candidates with safety training, equipment or devices required by applicable laws for any work to be performed. State agrees to designate a member of its staff to train and orient Candidates to applicable operational and safety procedures. State agrees to have policies and protocols in compliance with applicable laws related to employee health, safety and well-being and make such policies available to Candidates.

State agrees to comply with applicable occupational health and safety standards and standards and guidance of the California Department of Public Health including the precautions and guidance relating to the treatment of patients with or under observation for communicable diseases, including COVID-19 (aka 2019 Novel Coronavirus).

14. SCHEDULING

a. Contractor shall ensure that all Candidates have been approved by the State Project Representative or r designee prior to providing them for scheduling.

b. Contractor shall use reasonable efforts to provide Candidates within twenty-four (24) hours following notification of approval by State. Requests for services shall be for a minimum of eight (8) hours per day.

When requesting services, State shall inform the Contractor of 1) the anticipated duration of services, 2) the number of staff required, 3) the starting time and length of each shift assignment, and 4) the location.

If the duration of services must be extended, State shall make reasonable effort to notify the Contractor, in writing, not less than twenty-four (24) hours before the end of the current service period.

c. State will provide a good faith estimate of the shifts needed, based on the circumstances known to State at the time of making requests of Contractor, yet are subject to change depending upon State’s ability to fill staff vacancies, the return to work of State's staff or fluctuations in the client population.

d. Based upon State's good faith estimate, Contractor agrees to provide State with sufficient Candidates available to be scheduled ten (10) days in advance for coverage of anticipated vacant shifts.

e. Contractor must assure that any on-call Candidates are available to report to work within two (2) hours of the request.

f. The details relating to a particular Candidate's assignment, such as unit/department, shift, and dates of assignment, will generally be confirmed in writing through a work order confirmation consistent with the provisions of this Agreement.

15. CANDIDATE TIMEKEEPING AND APPROVAL

State is responsible for accurately recording and approving the time worked by each Candidate. State shall not permit Candidates to perform work "off-the-clock." Each week, State will provide Contractor with approved weekly time records for all Candidates in an electronic or other format mutually acceptable by noon on Wednesday following the end of the work week. The time records shall reflect all time worked by each Candidate (including the start and stop times of each work period and start and stop times of each meal period) as well as any other billable hours (such as on-call time). If State fails to provide time records with approval or objections by the stated deadline, the time records submitted by the Candidate or Contractor will be presumed accurate.

16. SHIFT CANCELLATION

a. State will endeavor to provide five (5) working days’ notice prior to cancellation of a Candidate's shift.

Cancellation by State that is 48 or more hours prior to the start of the assignment will incur no charges.

For cancellations less than 48 hours prior to the start of the assignment, the Contractor may bill up to two-hours of the first day of the assignment.

b. For cancellations less than 2 hours prior to the start of the assignment, the Contractor may bill up to one-half (1/2) of the hourly rate of the Candidate's shift.

17. CANDIDATE PRE-START CANCELLATIONS

After State accepts a Candidate and assigns a start date, State has up to fifteen (15) days prior to start date to cancel with no charges. If State cancels assignment less than fifteen (15) days prior to the start date, Contractor retains the right to notify and provide documentation to State of actual travel and relocation costs or expenses incurred by Contractor to provide Candidate as originally planned. Contractor may bill the State for such expenses once loss attributed to the cancellation is factually established to the sole satisfaction of the State.

18. TRAVEL CANDIDATE POST-START CANCELLATIONS

In the event of a cancellation of a Travel Candidate assignment after a start date, other than due to a Candidate's inability to perform essential functions of the job, State shall only be responsible for a maximum of two weeks of actual housing costs as incurred by Contractor subject to submission of documentation of loss as a result of such cancellation.

19. STATE HIRING OF CANDIDATES

If State hires any Candidate who was presented to State by Contractor during the term of this Agreement or up to one (1) year after the termination or expiration of this Agreement, a fee of twenty percent (20%) of the Candidate's annual salary will be paid by State to Contractor. If the Candidate has completed one (1) assignment consisting of thirteen (13) or more weeks, the fee is reduced to fifteen percent (15%) of the Candidate's annual salary. If the Candidate has completed two (2) assignments consisting of thirteen (13) or more weeks each, the fee is reduced to ten percent (10%) of the Candidate's annual salary.

20. ORIENTATION AND TRAINING

a. Contractor agrees that prior to reporting to work at their first assigned location, all Candidates shall attend an Orientation and any other required training to become familiar with the operations of that location, Title 22 of the California Code of Regulations, State Policies, and any other requirements that may apply to the facility.

b. Contractor will be paid for the time spent by assigned Candidate in orientation.

21. CONTRACTOR ADDITIONAL RESPONSIBILITIES

a. Contractor must have sufficient Candidates to adequately provide comprehensive services to support operations and maintain appropriate staffing levels for all shifts, 24 hours per day, 7 days per week, including weekends and holidays. If at any time State determines that the Contractor does not provide sufficient staffing for services as outlined above, State may require Contractor to submit a corrective action plan within three (3) business days of notification.

b. If an assigned Candidate is terminated or otherwise leaves the Contractor, the Contractor will ensure that continuity of care is maintained by providing a replacement Candidate. If the absence creates a gap in service, Contractor will immediately notify State’s Project Representative by email and telephone call;

c. Contractor agrees that, unless otherwise noted herein, all expenses associated with travel to and from assignment, lodging, and all training expenses for Candidate shall be borne by the Contractor and will not be reimbursed by State. Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

d. To assist State in its exercise of the duty of care, Contractor shall provide high quality services, consistent with the terms and conditions under this Agreement and consistent with established and commonly accepted standards and principles of nursing practice.

e. Contractor shall ensure all Candidates use a name badge that meets the criteria noted in State current policies.

f. Contractor shall report any hours worked by Candidates at other California agencies, departments, boards, commissions or other governmental entities on a monthly report to Project Representative or her designee.

g. Contractor shall instruct all Candidates, in writing, that during the Candidate's work assignment, the

Candidate is to abide by current local shelter in place orders during non-work hours.

22. FAILURE TO PERFORM

Any Candidate who fails to perform or who is physically or mentally incapable of performing his/her required duties, as determined solely by the State, shall not be permitted to perform services. The State’s Project Representative or designee shall notify the Contractor’s Project Representative of the State’s determination, in writing, along with the basis of the determination.

Contractor agrees to immediately relieve the Candidate of further duties and involvement with the Agreement upon receipt of the notice and assure that the Candidate is not physically present at any location.