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File #: 10-533    Name:
Type: Minutes Status: Passed
File created: 5/11/2010 In control: Board of Supervisors
On agenda: 5/11/2010 Final action: 5/11/2010
Title: Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 4 to the Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 4 to the
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement - Jennifer L. D'Attilio MS

 

 

 

 

 

 

COMPLETED BOARD ORDER�"�l�19

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A  10748

Authorize the Purchasing Manager for Natividad Medical Center NMC) to

execute Amendment No. 4 to the Agreement A-10748) with Jennifer L. D'Attilio

MS for Speech Language Pathology Services at NMC in an amount not to exceed

$711,000 an increase of $255,000) for the period April 1, 2010 and extending the

term date to June 30, 2011.

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, the Board hereby:

Authorized the Purchasing Manager for Natividad Medical Center NMC) to execute

Amendment No. 4 to the Agreement A-10748) with Jennifer L. D'Attilio MS for Speech

Language Pathology Services at NMC in an amount not to exceed $711,000 an increase of

$255,000) for the period April 1, 2010 and extending the term date to June 30, 2011.

PASSED AND ADOPTED this 11th day of May, 2010, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Potter

NOES: None

ABSENT: Supervisor Parker

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on May 11, 2010.

Dated: May 13, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

BY F  i- d'

Deputy

 

 

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SIGNED BOARD REPORTX��"�n�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: May 11, 2010 AGENDA NO.:

SUBJECT: Authorize the Purchasing Manager for Natividad Medical Center NMC)

to execute Amendment #4 to the Agreement A-10748) with Jennifer L.

D'Attilio MS for Speech Language Pathology Services at NMC in an

amount not to exceed $711,000 an increase of $255,000) for the period

April 1, 2010 and extending the term date to June 30, 2011.

DEPARTMENT: Natividad Medical Center

RECOMMENDATION:

It is recommended that the Board of Supervisors authorize the Purchasing Manager for Natividad

Medical Center NMC) to execute Amendment #4 to the Agreement A-10748) with Jennifer L.

D'Attilio MS for Speech Language Pathology Services at NMC in an amount not to exceed

$711,000 an increase of $255,000) for the period April 1, 2010 and extending the term date to June

30, 2011.

SUMMARY/DISCUSSION:

Jennifer D'Attilio has been providing speech language pathology services at NMC for a period of six

years. Services provided include assessment and treatment for both adult and pediatric patients.

Also included are Inpatient Neonatal Intensive Care Unit NICU) and outpatient services for

children with suspected feeding, swallowing or cognitive deficits as well as language disabilities and

autism. Adult services include inpatient and outpatient evaluation of dysphagia, aphasia post stroke,

traumatic brain injury and treatment for deficits resulting from surgery, Alzheimer's, Parkinson's

disease and trauma.

Speech pathologists work as part of the Natividad team of physicians, nurses and rehabilitation staff

to provide services and education. Patients receiving speech and language services have faster

recovery and increased functioning in overall communication, language and feeding skills.

The speech therapy department has experienced substantial growth have exceeded budget by more

than 30% for the first two quarters of fiscal year 2010) this fiscal year, and as a result, NMC requests

an increase in the previously established purchase order for Jennifer D'Attilio in the amount of

$255,000 which will cover the remainder of FY 2010 and all of FY 2011. The increased workload

requires additional staffing provided by the contractor under this contract.

OTHER AGENCY INVOLVEMENT:

The Amendment has been reviewed and approved by County Counsel, the Auditor/Controller's

office and the Natividad Medical Center Board of Trustees.

FINANCING:

The cost for this Amendment is $255,000: $60,000 is included in the approved FY 2009-10 Budget

and $195,000 will be included in the 2010-2011 Recommended Budget. This action will not require

any additional General Fund subsidy.

Prepared by:

Sid Cato, Management Analyst/Contracts

March 25, 2010

Attachments: Agreement, Amendment #4, Board Order

Harry Weis

Chief Executive Officer

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Original Agreement No or PO # A-10748)

RENEWAL AMENDMENT NO. 4

FOR PROFESSIONAL SERVICE AGREEMENT

BETWEEN Jennifer L. D'Attilio MS AND

THE NATIVIDAD MEDICAL CENTER

FOR

Speech Therapy SERVICES

The parties to Professional Service Agreement, dated July 1, 2006 between the County of Monterey, on

behalf of Natividad Medical Center NMC"), and Jennifer L. D'Atillio Contractor), hereby agree to

renew their Agreement No. A- 10748) on the following amended terms and conditions:

1. Contractor will continue to provide NMC with the same scope of service as stated in the original

Agreement No. A-10748).

2. This Renewal Amendment shall become effective on April 1, 2010 and shall continue in full force

and extending the term date until June 30, 2011.

3. The total amount payable by County to Contractor under Agreement No. A-10748) shall not

exceed the total sum of $711,000 for the full term of the Agreement; $235,000 for fiscal year

2009-2010 and $195,000 for fiscal year 2010-2011.

4. All other terms and conditions of the Agreement shall continue in full force and effect.

5. A copy of this Amendment shall be attached to the original Agreement No. A-10748).

IN WITNESS WHEREOF, the parties hereto are in agreement with this Amendment and

Professional Service Agreement on the basis set forth in this document and have executed this

amendment on the day and year set forth herein.

CONTRACTOR.,

Signature r__. Dated

Printed ii t 4, 6'LlL-- Title C~ o Jam'`'

J

NATIVIDAD MEDICAL CENTER

Signature Dated

Purc, asing Manager

Signature  t  Y L.= Dated r l t

NMC  CEO

Approved as to Legal Form:

Charles J_ McKee, County Counsel

By

Aevia led j4s Ito fiscai provisions

Dated: TS~ 2010

A R r.Con t-oilier

County of Mon' erey

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Original Agreement No or PO#. A- 10748)

RENEWAL AMENDMENT NO.3

FOR PROFESSIONAL SERVICE AGREEMENT

BETWEEN Jennifer L. D'Attilio MS AND

THE NATIVIDAD MEDICAL CENTER

FOR

Saeaech Therapy SERVICES

The parties to Professional Service Agreement, dated July 1, 2006 between the County of Monterey, on

behalf of Natividad Medical Center NMC"), and Jennifer L. D'Attilio Contractor), hereby agree to

renew their Agreement No. A-10748) on the following amended terms and conditions:

1. Contractor will continue to provide NMC with the same scope of service as stated in the original

Agreement No. A-10748).

2. This Renewal Amendment shall become effective on July 1, 2009 and shall continue in full force

and extending the term date until June 30, 2010.

3. The total amount payable by County to Contractor under Agreement No. A-10748) shall not

exceed the total sum of $456,000 for the full term of the Agreement and $175,000 for fiscal year

2009-2010.

4. All other terms and conditions of the Agreement shall continue in full force and effect.

5. A copy of this Amendment shall be attached to the original Agreement No. A-10748).

IN WITNESS WHEREOF, the parties hereto are in agreement with this Amendment and

Professional Service Agreement on the basis set forth in this document and have executed this

amendment on the day and year set forth herein.

Dated /O 91

Title &j

Litt, Deputy

ttorneys for County and NMC

Dated: J/  2009

SI00

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Original Agreement No. A- 10748)

RENEWAL AMENDMENT NO.

FOR PROFESSIONAL SERVICE AGREEMENT

BETWEEN Jennifer L D'Attilio MS  AND

THE COUNTY OF MONTEREY

FOR

Ve of s iee-hire SERVICES

SP i-t T}~(LAp1

The parties to Professional Service Agreement, dated between the County of Monterey, on

behalf of Natividad Medical Center NMC"), and Jennifer L D'Attilio MS Contractor), hereby agree

to renew their Agreement No. A-10748) on the following amended terms and conditions:

1. Contractor will continue to provide NMC with the same scope of service as stated in the original

Agreement No. A-10748).

2. This Renewal Amendment shall become effective on July 1, 2008 and shall continue in full force

and extending the term date until June 30, 2009.

3. The total amount payable by County to Contractor under Agreement No. A-10748)shall not

exceed the total sum of $M,00r the full term of the Agreement; and $91,500 for fiscal year

2006-200q.

4. All other terms and conditions of the Agreement shall continue in full force and effect.

5. A copy of this Amendment shall be attached to the original Agreement No. A- 10748

IN WITNESS WHEREOF, the parties hereto are in agreement with this Amendment and

Professional Service Agreement on the basis set forth in this document and have executed this

amendment on the day and year set forth herein.

CONTRACT

Signature  Dated

Printed Name Title

Dated

vv. Hnen tsiowen, uepuly

/

Attorneys for County and NMC Dated: Y3 Z/a-, 2008

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Original Agreement No. PO# B960767471)

RENEWAL AMENDMENT NO. 1

FOR PROFESSIONAL SERVICE AGREEMENT

BETWEEN Jennifer D'Attilio AND

THE COUNTY OF MONTEREY

FOR

Speech Language Pathology SERVICES

The parties to Professional Service Agreement, dated July 10, 2006 between the County of Monterey, on

behalf of Natividad Medical Center NMC"), and Jennifer D'Attilio(Contractor), hereby agree to renew

their Agreement. PO# B960767471 on the following amended terms and conditions:

1. Contractor will continue to provide NMC with the same scope of service as stated in the original

Agreement. PO# B960767471.

2. This Renewal Amendment shall become effective on December 12, 2006, and shall continue in

full force until June 30, 2007.

4. The total amount payable by County to Contractor under Agreement PO# B960767471 shall not

exceed the total sum of $66,500.

5. All other terms and conditions of the Agreement shall continue in full force and effect.

6. A copy of this Amendment shall be attached to the original Agreement PO# B960767471.

IN WITNESS WHEREOF, the parties hereto are in agreement with this Amendment and

Professional Service Agreement on the basis set forth in this document and have executed this

amendment on the day and year set forth herein.

Purchasin

Approved as to Legal Form:

Ch les J. cKee, County Couns

 

By

W. Allen Bidwell, Deputy

Attorneys forCounty,and NMC.

L

Dated: 10  o   2006

 

 

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AGREEMENT - JENNIFER L. D ATT�p�i

&-*4)/v 6 Z-

PROFESSIONAL SERVICES AGREEMENT

BETWEEN JENNIFER D'ATTILIO, SLP

AND NATIVIDAD MEDICAL CENTER

THIS AGREEMENT is made and entered into effective July 1, 2006, by and between the

County of Monterey on behalf of Natividad Medical Center, County") and Jennifer D'Attilio,

SLP Contractor") for the provision of Speech Language Pathology services.

RECITALS

1. The County of Monterey owns and operates NATIVIDAD MEDICAL CENTER, a

general acute care, teaching hospital located in Salinas, CA, requiring the services of a

Speech Language Pathologist.

2. Hospital and CONTRACTOR desire that CONTRACTOR provide temporary Speech

Language Pathology services, all in the capacity of an independent CONTRACTOR and

in accordance with the terms and conditions of this Agreement.

3. CONTRACTOR is. a qualified provider of the required professional services.

NOW, THEREFORE,:the parties mutually agree as follows:

4. CONTRACTOR will perform-the following professional services:

Speech Language Pathology services as scheduled and mutually agreed- upon by

both parties. The scope of services is more fully described in Exhibit B,". attached

hereto and incorporated herein by this reference.

5. Compensation.

a. As full and total compensation for the performance of Speech Language Pathology

services including expenses) by CONTRACTOR pursuant to this Agreement, County

shall pay CONTRACTOR at the rate of sixty-five dollars $65.00) per hour. The total.

amount payable by County to CONTRACTOR under this agreement shall not exceed the

sum of twenty-five thousand dollars $25,000.00).

b. CONTRACTOR shall submit to the Hospital an invoice on a form acceptable to

county. If not otherwise specified, the CONTRACTOR may submit such invoice

periodically or at the completion of services, but in any event, not later than 30 days after

completion of services. The invoice shall set forth the amounts claimed by

CONTRACTOR for the previous period, together with an itemized basis for the amounts

claimed, and such other information pertinent to the invoice as the County may require.

The Hospital or its designee shall certify the invoice, either in the requested amount or in

such other amount as the County approves in conformity with this Agreement, and shall

 

 

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AGREEMENT - JENNIFER L. D ATT�p�promptly submit such invoice to the County Auditor-Controller. The Auditor shall pay

the certified amount within 30 days of receiving the certified invoice.

c. The parties agree that CONTRACTOR shall not bill or charge any other party or

entity including, without limitation, the Medicare program or any other third party payor,

for contractual services. To the extent permitted by law, Hospital shall be solely

responsible for billing and collecting fees and charges from patients, payers or other

responsible third parties for any professional services performed by CONTRACTOR

under this Agreement.

6. The term of thus Agreement shall commence on July 1, 2006 through June 30, 2007.

However, either party to this Agreement may terminate the Agreement without cause at

any time by giving the other party hereto written notice, as specified above, of such

termination at least thirty 30) days prior to said termination.

7. In the performance of the work, duties and obligations devolving upon Contractor, it is

mutually understood and agreed that the above parties are at all times acting and

performing as independent CONTRACTOR practicing their profession of Speech

Pathologist, and nothing in this Agreement shall be construed to create among County,

Hospital and CONTRACTOR an employer/employee relationship, a joint venture

relationship, or a lease or landlord/tenant relationship. Without limiting the foregoing, no

offer or obligation of permanent employment'with the County or with any department or

agency of the County is intended or implied in any manner by this Agreement.

CONTRACTOR and its employees or agents, shall not become entitled by virtue of this

Agreement, to any form or type of employee fringe benefits whatsoever, including but

not limited to, workers compensation, unemployment compensation or insurance,

vacation pay, annual leave, sick leave, overtime pay, Public Employee Retirement

System H'ERS") retirement benefits, social security benefits, disability insurance

benefits, or any other employee benefits.

Neither County nor Hospital shall have or exercise any control or direction over the

methods by which CONTRACTOR. shall perform its work and functions. The sole

interest of County and Hospital is to assure that the Service and the clinic is operated in a

competent, efficient and satisfactory manner, and that all applicable provisions or law and

other rules and regulations of any and all governmental authorities relating to licensure,

accreditation and regulation of allied professional staff and hospitals and to the operation

of the Service and the Office shall be fully complied with by all parties hereto.

8. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable

taxes, including, but not limited to, Federal and State income taxes, social security

withholding FICA"), state disability and unemployment insurance. In connection

therewith, CONTRACTOR shall indemnify and hold County harmless from any and all

liability, including interest and penalties, which County may incur because of

CONTRACTOR's failure to pay such taxes.

 

 

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AGREEMENT - JENNIFER L. D ATT�p�9. No offer or obligation of permanent employment with the particular County department

or agency or with the County is intended or implied in any manner by this contractual

agreement. CONTRACTOR shall not become entitled, by virtue of this Agreement to any

form of benefits whatever such as, e.g. workers' compensation, retirement, health care,

unemployment and/or disability), other than those specifically set forth herein.

10. Professional and Provider Services. For purposes of this Agreement, Contractor's

professional services shall constitute professional services" which are outlined and fully

described in Exhibit B," attached hereto and by reference made a part of this

Agreement.

11. Insurance. CONTRACTOR and County each acknowledge that appropriate professional

liability insurance will be provided by the CONTRACTOR as shown in Exhibit A,"

which is attached hereto and made a part of this Agreement by this reference.

12. Indemnification. CONTRACTOR agrees to indemnify and hold the County harmless in

the manner and to the extent set forth in Exhibit A," which is attached hereto and

incorporated herein by this reference.

13. CONTRACTOR agrees for a period of four 4) years after furnishing services herein to

make available, upon written request, to the Secretary of Health and Human Services, the

Comptroller General of the United States, or to any of their duly authorized

representatives, copies of this Agreement, documents, records and other data necessary to

certify the nature and extent of costs incurred by County under this Agreement as

required under the Omnibus Reconciliation Act, or any other law.

14. All necessary supplies and equipment required will be provided by the County; however,

any specific supplies and/or equipment requested by CONTRACTOR for use at this

facility shall be referred to the Product Standardization/Cost Containment Committee

prior to decision regarding purchase approval.

15. It is agreed and understood by the parties hereto that this Agreement has been arrived at

through negotiation and that neither party is to be deemed the party which prepared this

agreement within the meaning of Civil Code Section 1654.

16. Notices to parties in connection with the Agreement shall be given in writing, in person,

or by regular mail addressed as follows:

COUNTY: CONTRACTOR:

Natividad Medical Center Jennifer D'Attilio

1441 Constitution Blvd. 1760 Havana St.

Salinas, Ca. 93906 Seaside, Ca. 93955

17. This Agreement may be amended at any time by subsequent written mutual Agreement,

duly executed by both parties

 

 

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EXCEED-U012

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PERIOD-U012

APRIL-U012

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EXTENDING-U012

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AGREEMENT - JENNIFER L. D ATT�p�IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the

dates set forth below.

COUNTY OF MONTEREY

By:

By:

CONTRACTOR

 

Date: 2006 Datel~~l  2006�

County ounseI's Office

By: 

W. Allen Bidwell,

Deputy County Counsel

Date: 05-- 02-.20

RISK MANAGEMEN'I

COUNTY OF MONTEREY

APPROVED AS TO INDEMNITY/

INSURANCE LANGUAGE

Mike Derr

Purchasing Manager

 

 

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PERIOD-U012

APRIL-U012

1,-U012

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30,-U012

2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p                     �EDIT A"

INSURANCE & INDEMNIFICATION PROVISIONS

1. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the

County, its officers, agents, and employees, from and against any and all claims, liabilities, and

losses whatsoever including damages to property and injuries to or death of persons, court costs,

and reasonable attorneys' fees) occurring or resulting to any and all persons, firms or

corporations furnishing or supplying work, services, materials, or supplies in connection with the

performance of this Agreement, and from any and all claims, liabilities, and losses occurring or

resulting to any person, firm, or corporation for damage, injury, or death arising out of or

connected with the CONTRACTOR's performance of this Agreement, unless such claims,

liabilities, or losses arise out of the sole negligence or willful misconduct of the County.

CONTRACTOR's performance" includes CONTRACTOR's action or inaction and the action

or inaction of CONTRACTOR's officers, employees, agents and subcontractors.

II. INSURANCE.

A. Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to

indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a

policy or policies of insurance with the following minimum limits of liability:

1. Commercial general liability insurance, including but not limited to premises and

operations, including coverage for Bodily Injury and Property Damage, Personal Injury,

Contractual Liability, Broadform Property Damage, Independent Contractors, Products and

Completed Operations, with a combined single limit for Bodily Injury and Property Damage of

not less than $1,000,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

2. Business automobile liability insurance, covering all motor vehicles, including

owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement,

with a combined single limit for Bodily Injury and Property Damage of not less than $500,000

edurrence.

xemption/Modification Justification attached; subject to approval).

Justification: Contractor is not required to use vehicle in performing services in the

contract. Contractor agrees to indemnify, defend and hold harmless, to the extent

provided by applicable law, the County, Hospital, their officers, trustees,

supervisors, employees and agents from and against any liability that accrues from

actions that are beyond the scope of contractual duties, as set forth in this

Agreement. Contractor will only be required to carry personal auto insurance at

traditional combined single limit of $300,000.

 

 

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AGREEMENT - JENNIFER L. D ATT�p

�3. Workers' Compensation Insurance, if CONTRACTOR employs others in the

performance of this Agreement, in accordance with California Labor Code section 3700 and with

Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident and

$1,00,000 each disease.

Exemption/Modification Justification attached; subject to approval).

Justification: Contractor is not required to have Worker's Compensation insurance at this

time as she is not currently hiring any employees. Contractor will be required to provide

Worker's Compensation Insurance and required endorsements PRIOR to the hiring of

additional employees.

4. Professional liability insurance, if required for the professional services being

provided, e.g., those persons authorized by a license to engage in a business or profession

regulated by the California Business and Professions Code), in the amount of not less than

$1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors

or omissions made in the course of rendering professional services. If professional liability

insurance is written on a claims-made" basis rather than an occurrence basis, the

CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain

extended reporting coverage tail coverage") with the same liability limits. Any such tail

coverage shall continue for. at least three years following the expiration or earlier termination of

this Agreement.

 Exemption/Modification Justification attached; subject to approval).

B. Other Insurance Requirements. All insurance required by this Agreement shall be

with a company acceptable to the County and issued and executed by an admitted insurer

authorized to transact Insurance business in the State of California. Unless otherwise specified by

this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not

written on an occurrence basis, such policy with the coverage required herein shall continue in

effect for a period of three years following the date CONTRACTOR completes its performance

of services under this Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least

thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or intended

non-renewal thereof. Each policy shall provide coverage for CONTRACTOR and additional

insureds with respect to claims arising from each subcontractor, if any, performing work under

this Agreement, or be accompanied by a certificate of insurance from each subcontractor

showing each subcontractor has identical insurance coverage to the above requirements.

Commercial eneral liability and automobile liability policies shall provide an

endorsement naming the County of Monterey, its officers, agents, and employees as Additional

Insureds with respect to liability arising out of the CONTRACTOR'S work, including ongoing

and completed operations, and shall further provide that such insurance is primary insurance to

any insurance or self-insurance maintained by the County and that the insurance of the

Additional Insureds shall not be called upon to contribute to a loss covered by the

CONTRACTOR'S insurance. The required endorsement form for Commercial General Liability

Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37

 

 

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1,-U012

2010-U012

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AGREEMENT - JENNIFER L. D ATT�p
�1 0 01 2000). The required endorsement form for Automobile Additional Insured endorsement is

ISO Form CA 20 48 02 99.

Prior to the execution of this Agreement by the County, CONTRACTOR shall file

certificates of insurance with the County's contract administrator and County's

Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance

required by this Agreement. The CONTRACTOR shall file a new or amended certificate of

insurance within five calendar days after any change is made in any insurance policy that would

alter the information on the certificate then on file. Acceptance or approval of insurance shall in

no way modify or change the indemnification clause in this Agreement, which shall continue in

full force and effect.

CONTRACTOR shall at all times during the term of this Agreement maintain in force the

insurance coverage required under this Agreement and shall send, without demand by County,

annual certificates to County's Contract Administrator and County's Contracts/Purchasing

Division. If the certificate is not received by the expiration date, County shall notify

CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,

evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain

such insurance is a default of this Agreement that entitles County, at its sole discretion, to

terminate this Agreement immediately.

 

 

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AGREEMENT - JENNIFER L. D ATT�p

�EXTIIBIT 41399

SCOPE OF SERVICES

Among the results to be achieved are these key objectives:

1. Provide Bilingual Speech/Language Therapy.

2. Participate in Feeder Retraining Program.

3. Participate in Quality Assurance Program.

4. Participate in mandatory in-services.

5. Provision of adult and pediatric therapy materials i.e. toys, workbooks, etc.).

6. Provision of adult and pediatric tests and protocols.

7. Provision of the marketing of speech/language therapy services.

8. Provision of typing services for speech/language evaluations.

9. CONTRACTOR shall return phone calls left on answering machine by' MD. offices,

parents, adult patients, MCOE, schools, Head Start, and Elks regarding patient referrals.

10. CONTRACTOR shall make referrals to other Speech Therapy sources, including sending

copy of evaluation or physician's prescription if child is unable to be evaluated by

Natividad Medical Center Speech Therapist), as well as, a letter to Head Start, a SELPA

form to school district, and a phone call to Ellcs; Also, includes verifying correct school

district via a phone call(s).

11. CONTRACTOR shall be prepare charts.

12. CONTRACTOR shall send for written prescription from referring. physicians outside

Natividad Medical Center.

13. CONTRACTOR shall proofread and type, if necessary, evaluation reports, print required

number

 

 

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$255,000)-U012

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1,-U012

2010-U012

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AGREEMENT - JENNIFER L. D ATT�p

�ACORD CERTIFICATE OF LIABILITY INSURANCE

TM DATE(MM/DD/YYY`)

03/25/2010

PRODUCER 831.624.1234 FAX 831.624.4605

Carmel Insurance Agency, Inc.

San Carlos 2 NW of 8th THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE

HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

P.O. Box 6117

Carmel, CA 93921-6117

INSURERS AFFORDING COVERAGE

NAIC #

INSURED D'ATTILIO, JENNIFER INSURERA: Nationwide Mutual 3787

13250 MIDDLE CANYON RD INSURER B:

CARMEL VALLEY, CA 93924-9462 INSURER C:

 INSURER D:

 INSURER E:

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE

MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION:

POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR DD'

NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE MM/DD POLICY EXPIRATION

DATE MM/DD LIMITS

  GENERAL LIABILITY ACP7842191255 04/07/2010 04/07/2011 EACH OCCURRENCE

 $ 11000,000

  X COMMERCIAL GENERAL LIABILITY    DAMAGE TO RENTEIT

PR EMISES Ea occurrence) $ 100,00d

       

   CLAIMS MADE M OCCUR    MED EXP Any one person) $ 5,00(

A X      PERSONAL & ADV INJURY $ 1,000,00(

       GENERAL AGGREGATE $ 2,000,00(

  GEN'L AGGREGATE LIMIT APPLIES PER:    PRODUCTS-COMP/OP AGG $ 2,000,00

  X POLICY PRO-

JECT LOC    

  AUTOMOBILE LIABILITY ACP7842191255 04/07/2010 04/07/2011 

      COMBINED SINGLE LIMIT

$

  ANY AUTO    Ea accident) INCLUDE

   ALL OWNED AUTOS    BODILY INJURY

 

A

X  SCHEDULED AUTOS    Per person) $

  X HIREDAUTOS   

BODILY INJURY

 

X

NON-OWNED AUTOS   

Per accident) $

       PROPERTY DAMAGE

        $

       Per accident)

  GARAGE LIABILITY    EA ACCIDENT

AUTO ONLY-- $

  F ANY AUTO   

OTHER THAN EA ACC $

       AUTO ONLY: AGG $

  EXCESS/ UMBRELLA LIABILITY    EACH OCCURRENCE $

      

  OCCUR D CLAIMS MADE    AGGREGATE $

      

   DEDUCTIBLE     $

   RETENTION $     $

 WORKERS COMPENSATION    W C STATU- H

 EMPLOYERS' LIABILITY    TORY LIMITS ER

ER

 Y I N    

 ANY PROPRIETOR/PARTNER/EXECUTIVE LJ    E.L. EACH ACCIDENT $

 OFFICER/MEMBER EXCLUDED?    

 Mandatory In NH)    E.L. DISEASE  EA EMPLOYEE $

 If yes, describe under    

 SPECIAL PROVISIONS below    E.L. DISEASE  POLICY LIMIT $

 OTHER   

DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS

E COUNTY OF MONTEREY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS

NSURED'S ONGOING OPERATIONS. IT IS UNDERSTOOD THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE

MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE IN

REGARDS TO ALL OPERATIONS AS PERTAINS TO THE NAMED INSURED.

CERTIFICATE HOLDER CANCELLATION

County of Monterey

Natividad Medical Center

Sid Cato

1441 Constitution Blvd.

Salinas, CA 93902

I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

 

Matthew Little CIC LMR'

 

ACORD 25 2009/01) FAX: 755.6254 1988-2009 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Pax Sant by 1894 62#4685 COMM 7NSURANOO 84-B7-B6 is Ila ft; 9,04

QOMI~ERctal. CO ERAGE cO M ROIAL GENERAL LIABILITY

POLICY. PLEASE I rr CAREFULLY.

THIS ENDORSEWMT.CHANGES Tfl

POLICY AMENDMENT ADDITIONAL INSURED  OWNERS,

lea7Cb7(> s)

SCHEDULE

NAME OF PERSON OR ORGANIZATION: MM 00 MM 01 MQ  XT v CE30, AG 1

AND NI F Y90. IT 1.8 1INDEABT00D MW T 7110 INb'D',(NCE x$ 11IZ Z AZ 0TUt

X T U ANOR %= BY T9  1DITIONATD INatmED SHLLX, I 0065 QNI A18 X OM.

CONTRtj[TTINt( WI='Mm3 YEgII:ROM IN BEGrAIWO TO ALL Mtdl'>:ION(g AS P k=Ifg TO

l Wwrmn II48C1It M

 

I

Prq acr Name:

NATIVIDAD MOAT, O

P 1 41

t

rnjaa

cn,

7kf 1 ODN9TITUTXCN ELVD,) SALLRAS, OA 93902

 

 

 

 

Ifno entry appears above, Jnforinatlon ragulradto oomp/ete.thla endor e1nenf will be ehOM7 In the Deolaraflorrs

is applloable to fhIs�endoreement

WFid 16 AN INSLIFtBD 9egfon DIY emohded o Ineluda n iuund to peipn ar arrAAut z dol%Ihnwn n the Sphedue1 but dny wNh retp.ot to beta

oroml se ee hrnmmd I In o0nne ijun w9hthe A1med maimed', anpoI gapa,CM

N reepeeb eeYetnpe prov-d~i by thle srtdorawment lv Ina parr an oro~nizagon ohovm in thi:olaeduM, gawniee dam-not ep01y to'ho0VUdan}+'to am

hmgtl4ytaT etlhr nomett Urovrt4

May UM. aft

A�?P78Q 1 X1.255

1Nt~URANCa CO f ANY

NA.~XO1IWIDIJ

INSURaD

1NN $'E D'M LIQ

EFF Q1'11

*�-7-Q6

PFIOOUOPR

OAKS  TNa Asr0A J IQI,  IND.

LESSEES OR CONTRACTORS

$CHLGUL.$D PER$�N OR

ORGANIZATION

 

I

CQ 70 67 03-88) Gflrit a Oopyrfphtad Mated*l of Inaw nav r?arvioaa Ofoe, Ina., 1934

 

 

BIB]

 

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LI21329-U03

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FO86930-U03

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AS86994-U03

AS86995-U03

AI91095-U03

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C1-U03

GENERAL-U03

DOCUMENTS-U03

5/14/2010-U04

RIVASR-U04

14953-U05

3-U06

AUTHORIZE-U07

PURCHASING-U07

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NATIVIDAD-U07

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PERIOD-U012

APRIL-U012

1,-U012

2010-U012

EXTENDING-U012

TERM-U012

DATE-U012

TO-U012

JUNE-U012

30,-U012

2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�

624 4605 CARMEL INSURANCE

Declaration Page 1 of 3

Company:

Unigard Insurance Company

Policy Number:

10065325

P%VQ4IL JVIJY

0010832

Named Insured: Agent:

Jennifer D'attilio & Anthony Herro Carmel Insurance Agency, Inc.

13250 Middle Canyon Rd PO Box 6117

Carmel Valley CA 93924 Carmel CA 93921

831) 624-1234

Policy period from 02/25/10 to 08/25/10

at 12:01 A.M. standard time at the

address of the named insured.

Coverage Part

A. Liability

Bodily Injury

Property Damage

B. Medical Payments

C. Uninsured Motorist

Bodily Injury

D. Damage To Your Auto

Other Than Collision

Transportation Expense

Collision

Additional Coverages:

Waiver of Collision Deductible

Limits of Liability

$100,000 each person

$300,000 each accident

$100,000 each accident

$ 5,000 limit

$100,000 each person

$300,000 each accident

actual cash value

minus deductible

x$20 per day/$600 maximum

actual cash value

minus deductible

Total premium by vehicle

Total premium for policy period

10:01:11 a.m. 03-26-2010

1 /3 139

UNIGARD

P.O. Box 90701

Bellevue, WA 98009

Renewal Declaration Issued on 01/22/10

replaces all prior declarations, if any, and with

policy provisions and endorsements, if any,

issued to form a part thereof completes this

Personal Auto Policy.

Coverage is provided only where a premiun

and a limit of liability is shown for the

coverage.

Vehicle Premiums

1 2

09 VOLK 08 TOYT

$178 $ 80

$112 $ 50

$ 18 $ 9

$110 $ 41

$ 93 $ 33

$250 ded $250 dad

included included

$ 286 $ 130

$500 ded $500 dad

10.0 10.0

THANK YOU FO CHOOSING UNIGARD FOR YOUR INSURANCE NEEDS.

 

100777O

120901 07-07

 

 

BIB]

 

40312-U01

AGREEMENT-U02

U02

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FO86930-U03

MG86968-U03

AS86994-U03

AS86995-U03

AI91095-U03

DO91368-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

5/14/2010-U04

RIVASR-U04

14953-U05

3-U06

AUTHORIZE-U07

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MANAGER-U07

NATIVIDAD-U07

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$711,000-U012

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PERIOD-U012

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1,-U012

2010-U012

EXTENDING-U012

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DATE-U012

TO-U012

JUNE-U012

30,-U012

2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�Fax Server

3/25/2010 11:28:32 AM PAGE

2/003

Fax Server

CERTHOLDER COPY

STATE

CO MAENS AT ION

I N S U R A N C E

FUND

ISSUE DATE: 06-01-2009

NATIVIDAD HOSPITAL

PO BOX 81611

SALINAS CA 93912-1611

GROUP:

POLICY NUMBER: 1847499-2009

CERTIFICATE ID: 5

CERTIFICATE EXPIRES: 06-01-2010

06-01-2009/06-01-2010

NG

This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the

California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.

We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.

This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded

by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document

with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance

afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.

THORIZED REPRESENTATIVE-, PRESIDENT

UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING:

THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER;

EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING

CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS'

COMPENSATION LAW.

EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.

EMPLOYER

JENNIFER D'OTTILIO MS CCC

13250 MIDDLE CANYON RD

CARMEL VALLEY CA 93924

NG

EM1,CN]

P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807

CERTIFICATE OF WORKERS' COMPENSATION INSURANCE

NG

RE V.2 05i PRINTED  03-25-2010

 

 

BIB]

 

40312-U01

AGREEMENT-U02

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JUNE-U012

30,-U012

2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�Aug. 27. 2008 1:53PM

MONTEREY COUNTY

VENDOR REGISTRATION FORM

RETURN THIS FORM TO,

Cuntrao(s Purchaatap Division  188 W. Ansel 3t4rd Floor  6aNnot  CA  93901

PH 831) V88.490 FAX(031)7594261

BUSINE38 NAME

A-19

TAXPAYER IDENTIFICATION Fedmei b No or sod.l alw41y

mar Aplpeebl&NU~nb.r) 7 y 3

No. 1687 P. 3

HUSINE$S OROANIZlTION M Corporation

ICh.ckon. Mdtc$cw Preddent

me tnsbueeen.

eea.tay

Tc. Pr tdmt

Tnesurer

C3 Subeldtary of-

parent COMMA

0 Partnership

Porter Nems

BUSINESS LOCATION

Must be Cempf.ta&

Telephone No

PadnerNamw

$'3  2-29

PAYMIENT TERM S

BUSINESS TYPE  Rela9

Check spp9 aWe boxer) C] Whcieaele

I DisUlbutor

C] MenuacUuer

LICENSES Conlgele(/ Ue.t No

Ol.cvanr.09.Md:

mat ouslhe.a

 Mlnodty I Woman owned

 VoWmtrewned

R4)!ed zrzM9 I

 

 

BIB]

 

40312-U01

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TO-U012

JUNE-U012

30,-U012

2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�Aug. 27. 2008 1:54PM

MONTEREY COUNTY

VENDOR REGISTRATION FORM

RETURN THIS FORM TO.,

Cohtmote Purohaetng Division.188 K A11881 Stang Floor- Salinas % CA' 13901

PH(131)7$9-4M FAX(43f)704540

No. 1687 P. 4

Careltdfy examine the Vat of Commodltlee". LIat the DESCRIPTION and NUMERIC CODE of each camnrodlty

product &Ibr Service(:)) that you Wish to provide the cm*. See aliaehed Nat.)

Numeric Code ReseripUon

1 3 1

2 2

3 3

4 4

8 8

7 7

8 8

9 S

10 10

Use the spaces below for Commodities/ Merchandise oat Ilsled OR to dedN a commodity you have already selected

Please feel free to attach any additional Information you would Was us o have. Is Brochures, Una Cards, etc J

 

 

Daps

Vr) 1''Z Z 7/r i

R4vl,QV21400a 2

 

 

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2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�Aug. 27. 2008 1:54PM

W-9

ptov oateberebOT)

bseemna of Me T�rm.I

muaar MWW emrw

94

Request for Taxpayer

Identification Number and Certification

yew More to

cud ran awM"Oftet rat tram

Cheek pacepesh beet ImdMdtreuSsIe impd.la  tbrporollan  Pedn�raup

D t.4d id limity mpmq enter the lee otosagtcylbn p.dteegerdd.Nhy. 0aeorpoaOo P.psrb�Mbj 

Ada u+ skin. and apt a

d slate red ZF code

cow oneov%glorol

Taxpayerlden

oetlon

t

No. 1687 P. 5

We Grin to iita

requester. Do not

Rana to time tae,

0 eaemh

sell

Requeefe?s nor" end d&ea ap4Pons4

& hr your TIN In the appropdals boot. The YIN provided trust metan the name Given on Una 1 to avoid

beckvp w hhoid4t4 For Indlv(duale. We Is your social security number sMM. However, fora resident

a( opr(eior or disagerdad amply s�� the part I instructions an nags 3 For other enddes. It Is

t

tle

a

SeaM eeoudtr number

I I

1

a

p

n

yaw employer AA1111oatlon numbs[ EIN) it you do not have a number. see Maw to gat a rhV an page 3 or

Note. It the account I. In morn than one nuns. Ras the chart on page 4 for guideline on whose

number to enter

Qe tNlcation

Under penat(i�s or pujwy. I certify lhaI

I The number shown on fhb form Is my correct taxpayer Idanttioetion number ef I am waving fora raanber tabs sued to me), and

t. 1 am not subject to backup withholding because: a) lam exempt lentil backup withholdng, or(b) I have not been notMed b the Intemel

Revenue eafte ORS) that I and subject to backup wI hholdbt9 as a result or a failure to report all Interest or dividends, or a)j the IRS hit

nottted me that i am no longat subject to backup withholding, and

3. 1 sm a U 9  a-gxen or other U S, person dsDflW beIow~

Cergftcatlon Inelrucltona. You must cross ail Item a aboVo K you have been notified by the IRS that you eta ewnahpy subject to backup

withholding because you have fatted to report in Interest and dividends on your tax retum For reel estate Ireneaotlons. Item 2 does net sppty.

For mortgage IMrke�t paid, a lskbn ter abendonnwnt of e�eutad property, canatafon of debt, oenidbddfons to en lndMduti retirement

arrangement t M. end eaneratly, payments other than Interest and dnvldande. you are not required to sign the Cerftloadon, but you must

 

t TI

provide your correc

General Ins

Section reiereno6ara'lothe Internal Revenue Code unless

otherwise hated

Purpose of Form

A person who is required to fie an i 6ormallon return with the

IRS must obtain your correct taxpayer IdentUkallon number flN)

to report, for exempts, Income pal! to you, real estate

transactions, mortgage Interest ypou paid, acquisition or

abandonment of secured propmty. cancellation of debt. or

conlrlbutions you made to an Ii tAA

Use Farm W-9 only II you em a U B~pperson Gnctuding a

resident all  to provide your correct TW to the person

requesting it the requester) and. when applicable, to:

1 Certtly that the TIN you are giving I. correct or you are

wpking for a number to be Ieeued).

2. Carey that you era not subject to backup withholding, or

3 Clain exemption from backup witiholdkmg U you are a U 8

exempt payee. X apppbcable, you ere also certifying that as a

U 8 Arson. your attmabie share of any partnership Income from

a U S trade or business Is not subject to the withholding lax an

foreign partners' shera of effectively connected income

Note. X e roltseter gives you a form other than Form W-9 to

request yyoouur TiN, you must use the requester`. form It it Is

aubsteMlNAr stmtar to him Form W-9

Def ninon of a U.S. parson. For federal tax pzrpoaes, you are

considered a U S person if you are:

 An individual who Is a U B. citizen or U.S resident don.

o A partnership, norporatio company. or association created or

organized In the United States or under the laws of the United

states,

 An sateta other thin a foreign estate), or

 A domestic trust es defined In Regulations section

3017701.7)

Specrel rules for Partnerships. Partn�rshipa that conduct a

tirade or business In the United States are generally required to

pay a withholding tax on arty foreign partners' share of income

from such business Further. In ceerrteln oases where a Form W-9

his not boon received, a partnership Is required to presume trial

a partner Is a foreign person, and pay the withholding tax.

Therefore, K you are a U S person that is a partner In e

partnership conducting to trade or business in the United States.

dreg~d i d withholding on your share of partnership

Income

The person who gIvves town W-9 to the partnership tot

pthposee of eslablIs h(ng Ira U.S. statue and avoiding wltlsiotding

artne

o- n Its allocable thus of net income from the

conducting a trade or business in the United States Is in the

Mowing oases:

bite U S. owner of a disregarded entry and not the entity,

of idenlingallan

 

 

BIB]

 

40312-U01

AGREEMENT-U02

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2011.-U012

 

 

AGREEMENT - JENNIFER L. D ATT�p�COUNTY OF MONTEREY

DETERMINATION OF

CONTRACTOR'S STATUS FORM

Department: /  9 t L le Contact: LI1W'( l4 i41

AOL.

l

Tit

e.

Phone:

Contractor: J Lte tft;t

Contact:

Title:

 

 

Phone:

 b

Brief description of contract work: fib/ Xy73

Purpose of Form:

The purpose of this form is to determine for each proposed agreement or contract with a provider of

services, the exact nature of the relationship between the contractor and the County.

Department Certification:

 I certify that the contractor providing these services is 1) a non-profit organization, a

partnership or a corporation, and 2) has two or more employees, and 3) the services of a

specific individual are not required to fulfill the contract. Therefore, an employment tax

status questionnaire is not required.

Date:

Department Representative

Title

I hereby certify that the answers to the following questions in the attached employment tax status

questionnaire accurately reflect the anticipated working relationship for this contract. After reviewing

the completed questionnaire, I have determined that:

Under the IRS/EDD rules, an employment relationship exists;

Contractor is properly classified an independent contractor.

Score:

out of possible 33 points IC))

Date:

Revised 01/29/08

 

 

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DOCUMENTS-U03

5/14/2010-U04

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$711,000-U012

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AGREEMENT - JENNIFER L. D ATT�p�Departments are encouraged to discuss the need for each professional/personal services agreement with the

Personnel Division at the earliest possible point in time, in order to determine the appropriate means for

obtaining the services sought.

If the questionnaire determines that an employment relationship exists, and if the contractor disagrees with

this determination, the contractor may elect to submit a Form #SS-8 to the IRS. The IRS will then review the

facts and determine the proper employment tax status. If any payments become due before the County is

notified of the IRS determination, the individual will be deemed to be an employee and withholding

deductions will be made from those payments, pending notification of the determination.

If you have determined that under IRS/EDD rules, an employment relationship exists, the use of an

independent contractor for rendering this professional/personal service will not be allowed unless the IRS

reviews the Form #SS-8 and determines that the individual is an independent contractor.

Section I Contractor Information-

1. What is the legal status of the contractor? ndividual

 Yartnership

If the expectation of the Department is that a particular individual will perform Incorporated

the work personally as opposed to having his/her partner or employees do the Other

work, we are really contracting with an individual, and the contract should be

written to reflect this relationship.

2. What is the contractor's Social Security Number SSN) or Taxpayer

Identification Number TIN)? SSN

Possession of a TIN does not necessarily mean that a contractor is a partnership s'3f// av

or corporation. It may only mean that the contractor has or has had employees.

If an individual owns a business as a sole proprietor, the contract must be either

with the individual or with the individual doing business as" the firm name.

Regardless of tax status, payments must be made to the individual and reported

to the IRS using the individual's Social Security Number not the Taxpayer

Identification Number).

3 4 A'` r T'F i~ i r 6. 3 l$h~' /'F{~' 3~

r 0511A.

fiction II Yhat is the nature of t e or 2

 Y.,h 4

i

 

M4. Mi!12

g-g

UP-

   VM. 2~W_-1ld: $v__ 12

 

15:i Vff

3. Are personal services of the contractor required?

 o IC) 2 pts

If the expectation of the Department is that a particular individual will perform

the work personally as opposed to having his/her partner or employees do the

work, the answer is yes. This is a strong indicator that the contractor should

be treated as an employee for employment tax purposes.

If the contractor has the right to substitute other workers without prior

permission from the County, the answer is no. This is a strong indicator

that the contractor is an independent contractor.

4. Has the contractor been employed by the County to perform similar

services? o IC) 1 pt

If the contractor is a current or former employee of the County and work done as

an employee was similar to, even if not identical to, the contract services, the

answer is yes.

 

Page 2

20 Questions; Employment Tax Status Questionnaire

Revised 07/21/08 By: Kristen Aldrich

 

 

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$711,000-U012

AN-U012

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OF-U012

$255,000)-U012

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AGREEMENT - JENNIFER L. D ATT�p�5. Do County employees perform similar work? s

 

No C) 2 pts

If the contract work is similar to work done now or in the past) by County

employees, the answer is yes.

If the contractor is doing work created by a vacant County position, extended

leaves or layoffs, the answer is es.

6. Are the contract services similar in nature to the normal operations of

the department? IC) 2 pts

An employee's services are usually integrated into the employer's operations. An

independent contractor's services are not usually related to the employer's

normal operations.

The more integrated the contractor is with the normal operations of the County, the

more likely the IRS would consider the contractor an employee.

Section III Does the contractor operateaa business

7. Does contractor offer services to the general public? o

 Yes C)2pts

Offering services to the general public is a strong indicator of independent

contractor status.

For a small practitioner, consider the presence or absence of signs such as listings

in the yellow pages, other advertising, and the presence of business facilities such

as office; clinic or stores open to others.

8. Does the contractor work for others?

 es  1 pt

If the contractor works only for the County, the answer is no.

If the contractor works for others, but only for one firm at a time, the answer is

no.

9. Does the contractor have a risk of loss?

IC) l

t

If the contractor's business incurs revenues and expenses such that it could result p

e

in either profits or losses, the answer is yes.

If the contractor's business is primarily providing services to the County and the

contractor has no significant business expenses, the answer is no.

10. Does the contractor have a significant investment in his/her business?

 Yes pts

If the contractor's business has offices, stores, clinics, etc. that are furnished and

equipped by the business not by the County) the answer is probably yes.

If the contractor provides his/her own tools or other equipment, the answer is

probably yes.

If the contractor normally incurs regular business expenses such as rent,

depreciation, and liability insurance, the answer is probably yes.

Note that investment in education is not considered in this factor.

Page 3

20 Questions; Employment Tax Status Questionnaire

Revised 07/21/08 By: Kristen Aldrich

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Section IV- ffWat control does the=:County rave overwork

performed?

11. Does the County have the right to control the way in which the work

will be done? C) 3 pts

If the contractor is subject to possible County control over methods and

procedures, even if the control is not exercised, the answer is yes. This right to

control is considered a very strong indicator that the contractor is an employee for

employment tax purposes.

If the County can only ensure that a result conforms to the agreed-upon contract

specifications and cannot control how the result is achieved, the answer is no.

If the County can specify the sequence of steps or the methods and procedures to

be used to generate results, the answer is yes.

If the County can direct the contractor to do a variety of jobs that differ from the

primary activity, the answer is probably yes.

12. Will the contract work be done on County premises? es

 No IC) 1 pt

Working on site in County facilities whether owned, leased, or otherwise

operated by the Coun is indicative of employee status.

13. Will the County control when the contractor will work?

  I 1p

If the contractor is expected to work specific hours, whether itemized in the

contract or not the answer is es.

14. Will the County provide staff support to the contractor includes Yes

clerical, technical, professional, or similar help)? No IC) 2 pts

If the contractor hires his/her own assistants and pays them from his/her own

resources, the answer is no.

An independent contractor should perform all duties required of the job from

beginning to end without any direction or assistance from the County.

Integration of the contractor into the County's operations could create a level of

control over the contractor's performance, which is indicative of an

employer/employee relationship. If County employees do typing, develop forms,

write computer programs, or provide other similar assistance to the contractor,

the answer is yes.

15. Will the County provide or pay for training for the contractor?

If the County provides internal training other than rudimentary orientation, the

answer is probably yes.

If the County pays for external training such as seminars, college courses, or

conferences, which will teach the contractor how to perform the contracted

services, the answer is yes.

Seminars or conferences which are attended on behalf of the County or which will

enhance the contractor's performance are NOT considered how-to" training.

Page 4

20 Questions; Employment Tax Status Questionnaire

Revised 07/21/08 By. Kristen Aldrich

 

 

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AGREEMENT - JENNIFER L. D ATT�p�16. Will the contractor provide training or supervision to County a

employees? o IC) 1 pt

If the contractor is providing routine supervision to County employees, the

answer is yes.

If County employees report to the contractor, the answer is yes.

17. Will the contractor be responsible for making decisions to hire or fire  a

County employees?  No C) 2 pts

If the contractor has the power to hire, fire, evaluate or direct the activities of

County employees, the answer is yes.

18. Will the contractor provide regular reports to the County? Yes

 No IC) 1 pt

If the individual attends regular staff meetings, the answer is probably yes.

If the individual makes regular reports, either written or oral, to the County, the

answer is probably yes.

If the contractor's only reports are progress reports on specific jobs or projects,

the answer is no.

Section V- TCVhat"ls:the tame frarrce.of the contract? 

did

19. Is the relationship between the County and the contractor intended to  Yes

be ongoing? No IC) 2 pts

If the contract is for a specific job or project, the answer is no.

If the intent of department is to renew a contract after it has expired, or if the

department has previously renewed a contract for essentially the same services

with the contractor, the answer is es.

20. Is there an expectation that the contractor will work for a specific Y

number of hours, days, or weeks?  o  l pt

If the intent of the department is to arrange specific work schedule with the

contractor, the answer is yes. This is a strong indicator of employment status.

If the department will rely on the contractor to staff an office or clinic, the

answer is yes.

21. Does the contract provide for termination without cause?

 1 p

 

The IRS considers the right to terminate at will, by either party, an indication of

T

employer-employee relationship. For the contractor, if the right to terminate the I

relationship with the County exists without the contractor incurring any liability,

such a right indicates that an employer/employee relationship exists. If an

independent contractor terminates the relationship with the County, the

contractor has likely breached the contract with the County and the County may

be entitled to damages.

Page 5

20 Questions; Employment Tax Status Questionnaire

Revised 07/21/08 By: Kristen Aldrich

 

 

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AGREEMENT - JENNIFER L. D ATT�p�Section 17 How will the contractor be paid?

22. Will the contractor be paid by a time period such as bi-weekly or s

monthly?

No C) 1 pt

If the contractor will be paid based on time periods such as hour, day, week, or

month, the answer is yes.

Contractors that are truly independent are generally paid by the job, not by time.

Payment by the job can include periodic payments based on a percentage of the

job completed. Payment can be based on the number of hours needed to do the job

times a fixed hourly rate; however, the contract maximum must remain fixed. If

it takes more hours than anticipated to complete the contract, the contractor

could not receive any additional payment for those hours.

28. Will the contractor report time worked to the County?  Yes

 No IC) 1 pt

Even if not used to control pay, reporting time is an indicator of employment

status. If the contractor reports time worked to the County, the answer is yes.

24. Will the contractor bill the County for normal business expenses?

  o(I  lpt

Billing for overhead costs such as meals, clothing, transportation, rent, and

insurance indicates status as an employee.

An independent contractor generally includes these overheads as part of costs to

be covered when developing fee schedules.

25. Does the County provide any benefits" to the contractor?

 o(I 1pt

If the County provides any leave periods similar to vacation or sick time, the

answer is yes.

If the County provides any liability, disability, health, life, etc., insurance, to the

contractor unless the benefit results from some other relationship, such as the

relationship of the contractor's spouse to the County), the answer is yes.

Page 6

20 Questions; Employment Tax Status Questionnaire

Revised 07/21/08 By: Kristen Aldrich

 

 

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