HomeMy WebLinkAbout2019-008 AMENDING THE ADOPTED FY 2018/19 BUDGETResolution No. 2019-8
RESOLUTION NO. 2019-8
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE ADOPTED FY 2018/19 BUDGET TO
INCREASE POLICE PERSONNEL AND FOR THE
BUDGET TRANSFERS AS DETAILED IN THE STAFF
REPORT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN DIGNITY
HEALTH FOR POLICE SERVICES AT TWO LOCATIONS
WHEREAS, on November 1, 2017, the Mayor and City Council adopted Resolution
2017-214, authorizing the City Manager to accept the San Manuel Community Credit Fund
Restricted Grant in the amount of $4,200,000 through 2020 and to amend the Adopted FY
2017/18 Budget by $1,800,000; and
WHEREAS, the acceptance of funding was used to increase policy visibility in the
community surrounding the San Manuel Indiana Reservation in accordance with the Agreement
attached as Exhibit A; and
WHEREAS, as overall SBPD staffing improved, additional sworn and non -sworn
personnel shall be assigned exclusively to the Defined Area for the duration of the Agreement,
attached herein as Exhibit A.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Director of Finance is authorized to amend the Adopted FY 2018/19
Budget to increase police personnel and for the budget transfers as detailed in the staff report.
SECTION 3. That the City Manager is hereby authorized and directed to execute the
attached Agreement with Dignity Health on behalf of the City.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
Resolution No. 2019-8
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 16'h day of Jan ary 2019.
r
John Valdivia, Mayor
City of San Bernardino
Attest:-
George0% Hanna, MMC, City Clerk
Approved as to form:
6 5;4, a . —...
Gary D. Saenz, City Attorney
Resolution No. 2019-8
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-8 adopted at a regular meeting held at the I e day of January 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ 6_
IBARRA _ )
VACANT
SHORETT X
NICKEL x
RICHARD X
MULVI14 LL C�
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 16fi'-day of Janes 2019.
Georgeai Hanna, MM ,'City Clerk
ORIGINAL
INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement') is made and entered into by and between
the Dignity Health affiliated entities identified in the Key Informational Terms below (each and collectively, an
"Affiliate" or "Hospital"), and the independent contractor identified in the Key Informational Terms below
("Contractor"). Contractor and Affiliate (each a "Party" and collectively the "Parties") agree as follows:
KEY INFORMATIONAL TERMS
A. Dignity Health Affiliates .
Dignity Health, a California nonprofit public
benefit corporation, doing business as St.
Bernardine Medical Center
Community Hospital of San Bernardino, a
California nonprofit public benefit corporation
State in which Affiliates are located: California
("State")
C. Contractor's Name and Description.
City of San Bernardino, a charter city and
municipal corporation, on behalf of the City of
San Bernardino Police Department
B. Affiliate Notice Address.
St. Bernardine Medical Center
2101 North Waterman Avenue
San Bernardino, California 9?404
Community Hospital of San Bernardino
1805 Medical Center Drive
San Bernardino, California 92411
Copy to: Dignity Health Legal Department
185 Berry Street, Suite 300
San Francisco, CA 94107
D. Contractor's Notice Address.
710 North D Street
San Bernardino, California 92401
Copy to: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
E. Term. This Agreement commences on January 1, F. Without Cause Termination. Number of days'
2019 (the "Effective Date") and expires on notice required for without cause termination: 180
December 31, 2021 (the "Expiration Date").
G. Parts. This Agreement is comprised of the H.
following parts:
(i) Part I Dignity Health Terms and Conditions.
(ii) Part II Services and Fees.
(iii) Part IH FIIPAA Compliance.
(iv) Part IV Insurance Requirements
HIPAA Terms and Conditions. As set forth in Part
III HlPAA Compliance, the Parties agree that the
following HIPAA Terms and Conditions apply to
this Agreement:
® Contractor shall not have access to protected
health information ("PHP') under this
Agreement.
❑ Contractor shall be treated as a member of
Affiliate's workforce for purposes of HiPAA
compliance.
❑ Contractor shall be a business associate of
Affiliate.
[210782].1097300 Page 1 of 9
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, doing business as St. Bernardine
Medical Center
Printed Name: 1 1 1
Title:
Date:
Community Hospital of San Bernardino,
California nonprofit public benefit corporation
CONTRACTOR
City of San Bernardino, a charter city and municipal
corporatio
Printed Name:
Title: C17, `'' 14ANA6I5 rZ
Date:
[' 10782].1097300 Page 2 of 9
Part I
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
DIGNITY HEALTH TERMS AND CONDITIONS
1. CONTRACTOR'S OBLIGATIONS
1.1 Services. Contractor and/or employees or agents of Contractor ("Personnel") shall perform the services set
forth in Part R (the "Serpices") in accordance with the terms of this Agreement.
1.2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform
Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according
to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide
Services under this Agreement and to have removed from its premises any Personnel.
13 Warranties. Contractor represents and warrants that:
a. Contractor and Personnel, if applicable, have and shall maintain all licenses and certifications necessary to
do business and perform the Services in the State. Contractor shall provide Affiliate with a copy of such license(s)
upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and
certification(s).
b. Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded
from participating in Medicare, Medicaid, or any other Federal healthcare program, as defined at 42 U.S.C. Section
1320a-7b(i) (each, a "Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and
no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration
list of parties excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any
Personnel appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclusion from
any Federal Healthcare Program. In the event that Contractor or any Personnel is excluded from participating in any
Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless
such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify
and hold harmless Affiliate for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs,
including reasonable attorneys' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violation
of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare
Program.
c. Contractor represents and warrants that prior to the Effective Date, Contractor conducted background
screenings and Contractor and Personnel successfully passed in accordance with the standards required by Law and
consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with
this Section prior to commencing Services and no less than annually thereafter.
d. No doctor of medicine, osteopathy, podiatry, optometry, dentistry, or chiropractic (or any immediate family
member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no
compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon
the value or volume of referrals or other business generated by such medical professional (or any immediate family
member) to Affiliate.
1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the
extent applicable to the provision of Services under this Agreement: (a) Affiliate's corporate integrity program and
any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health's Standards of Conduct; (c) all applicable
federal, state, -and local laws and regulations (collectively, "Laws"); and (d) the policies, procedures, and rules of
Affiliate (the "A)iliate Rules").
1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request
from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States, or any
other authorized agency, this Agreement and Contractor's books, documents, and records ("Contractor's Records").
Contractor shall preserve and make available Contractor's Records for a period of four years after the end of the term
of this Agreement. If Contractor is requested to disclose Contractor's Records pursuant to this Section, Contractor
[210782].1097300 Page 3 of 9
shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such
Contractor's Records.
1.6 Use of Affiliate's Premises. Contractor shall not use any part of the Affiliate's premises as an office for
private business. Contractor and Personnel shall only enter those areas of Affiliate's facility that are necessary for the
performance of Contractor's Services.
1.7 Health Screening and Immunization. If the provision of Services requires Contractor and/or Personnel to
be present in patient care areas or to have direct contact with patients, Contractor, at Contractor's expense, shall assure
that Contractor and all Personnel have met all health screening and immunization requirements in accordance with
Affiliate's policies prior to providing Services. If applicable, Contactor shall provide written documentation of
compliance with this Section prior to commencing Services and at least annually thereafter.
2. COMPENSATION
2.1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to
Affiliate that accurately documents Services provided by Contractor (the "Report').
2.2 Payment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set
forth in Part II for Services performed by Contractor.
2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive
compensation for Services provided pursuant to this Agreement.
3. TERMINATION
3.1 Termination Without Cause. Each Party may terminate this Agreement without cause, expense, or penalty
effective upon expiration of the number of days' .prior written notice set forth in Section F of the Key Informational
Terms above.
3.2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party
if such breach is not cured to the satisfaction of the non -breaching Party within 15 days after written notice of such
breach is given by the non -breaching Party.
3.3 Effect of Termination or Ex iration. Upon termination or expiration of this Agreement, all rights and
obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior
to the date of termination or expiration, and those rights and obligations that expressly survive termination or
expiration of this Agreement. The following Sections of this Part I shall survive expiration or termination of the
Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute
Resolution), and 6.8 (Notices).
4. PROTECTED INFORMATION
4.1 RIPAA. Contractor shall comply with the H1PAA provision set forth in Part III.
4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined
below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate.
Contractor shall protect Confidential Information from unauthorized use, access, or disclosure with no less than
reasonable care. "ConfadentW Information" means any proprietary or confidential information of Affiliate or any
other Dignity Health affiliate, any Affiliate patient's protected health information, as defined by H1PAA, and any
information, records, and proceedings of Affiliate and/or Medical Staff committees and peer review bodies.
Confidential Information also includes proprietary or confidential information of any third party that may be in
Affiliate's possession.
43 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive
ownership of all reports, deliverables, and other work product (collectively the "Work Produce'). The Work Product
shall be deemed a "work made for hire" as that term is defined under Section 101 of the U.S. Copyright Act and
Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship
of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any
[210782].1097300 Page 4 of 9
other jurisdiction, Contractor hereby assigns all right, title, and interest in the Work Product to Affiliate and retains
no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of
the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate
perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other
investigative documents completed by Officers during the course of their duties shall not be construed as Work
Product.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part IV of
this Agreement.
5.2 Mutual Indemnification. Each Party shall indemnify and hold the other Party harmless for, from, and
against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and
costs, incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions
or breach of this Agreement by the indemnifying Party or the indemnifying Party's employees or agents.
6. MISCELLANEOUS PROVISIONS
6.1 Assignment. Contractor may not assign Contractor's rights or obligations under this Agreement without
Affiliate's prior written consent.
6.2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink,
this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as
original. Amendments to this Agreement shall be similarly executed by the Parties.
63 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties
regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions
between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement
set forth in writing, signed, and dated by the Parties.
6.4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this
Agreement.
6.5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that
may materially interfere with Contractor's obligations under this Agreement, and Contractor shall immediately notify
Affiliate if Contractor becomes involved in any such arrangement.
6.6 Non -Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the
Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto.
Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited
by Laws or Affiliate Rules.
6.7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery,
in which case such notice shall be deemed given on the date of delivery; (b) next business day courier service (e.g.,
FedEx, LIPS, or similar service), in which case such notice shall be deemed given on the business day following the
date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return
receipt requested, in which case such notice shall be deemed given on the third business day following the date of
deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key
Information Terms above.
6.8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and
Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of
Affiliate.
6.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a
waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply
solely to the specific instance expressly stated.
[210782].1097300 Page 5 of 9
6.10 Title 22 Comi3liance. If Affiliate is an acute care hospital located in California only: Without limiting the
obligations of Contractor, Affiliate shall retain administrative responsibility for its operation, as required by Title 22,
California Code of Regulations, Section 70713.
6.11 California Non-resident Withholdin=. For Services rendered in California by nonresident Contractors only:
Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist
Affiliate's compliance with California tax withholding requirements, including California Revenue and Taxation Code
Section 18662. Such documentation may include: (i) California Franchise Tax Board Form 587 (Nonresident
Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption
Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes
due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the
certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any
withholdings paid to the California Franchise Tax Board, except to the extent any withholdings are refunded to
Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or
Form 590, and shall provide Affiliate with an updated Form.
6.12 Venue. This Agreement is governed by and is to be interpreted in accordance with the laws of the State of
California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino
County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.
6.13 Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this
Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in
whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or
part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant
and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
6.14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the
Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable
Party to the terms and conditions hereof and thereof.
6.15 Interpretation rte. The Parties acknowledge and agree that this Agreement is the product of mutual arms -length
negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be
construed against the drafter of that document, shall have no application to the interpretation and enforcement of this
Agreement. Titles and captions are for convenience of reference only and do not define, describe, or I i m it the scope
or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement
unless expressly stated otherwise.
6.16 No Third Party Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
7. ADDITIONAL PROVISIONS
7.1 Contractor and the City of San Bernardino Police Department C Po&ceDepartmenf') shall obtain Hospital's prior
written consent of the text of any proposed publicity concerning the Neighborhood Policing Program
("Program") prior to the release of such publicity. Hospital may include information regarding this Program,
including the amount and purpose of the Program, any photographs provided by Contractor or Police Department,
its logo or trademark, or other information or materials about Police Department's organizations and activities, in
Hospital's periodic public reports, newsletters, and news releases as approved by the City of San Bernardino City
Manager.
7.2 In addition to the obligations under this Agreement, at all times when performing services under the Program,
police officers shall be subject to and required to comply with the rules and regulations of Police Department,
including use of force. -
7.3 The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor.
7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department
policies and procedures.
j210742].1097300 Page 6 of 9
Part II
INDEPENDENT CONTRACTOR AGREEMENT
SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department ("Police
Department") to provide the Services:
(1) Program Goals. The goal of the Neighborhood Policing Program ("Program") is to implement a
comprehensive facility policing program with Hospital.
(2) Program Objectives and Deliverables.
o Police Department shall provide two (2) full-time Officers such that one (1) full-time Officer
will be stationed at each Hospital's emergency department a minimum of four (4) days a week
for a total of 40 hours weekly, Thursday through Sunday, at a timefiame to be mutually
determined by the Parties. Officers will dedicate all of their time on the Hospital campuses in
the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital
and Police Department.
o Police Department will provide periodic training seminars to enhance personal safety and
awareness as mutually agreed to by Police Department and each Hospital in writing.
o Police Department will assist Hospitals' security staff in providing police services for the
Hospitals' campuses and immediate area.
o At Hospital's reasonable request, Police Department shall promptly remove an Officer
providing services under this Program and replace him or her with another Officer reasonably
acceptable to Hospital.
b. Fees.
] . Affiliate agrees to compensate Contractor in the amount not to exceed $200,000 annually per Ml -
time Officer, which amount shall include any overtime expenditures. The compensation per full-
time Officer will be based on the seniority level of the Officer who provides the Services and will
be billed quarterly.
2. Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The
compensation billed quarterly shall be prorated based on the number of days this Agreement is in
effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term
of this Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019
and continue through March 31, 2019. Contractor shall only invoice Affiliate for any applicable
pro -rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the
end of each fiscal year quarter or applicable pro -rata period.
3. Any overtime expenditures that are directly related to the Services must be approved in advance by
Affiliate. Such overtime expenditures will be calculated at 1.5 times the specific Officer's hourly
salary, will be paid by Affiliate, and will be no greater than:
Hourly Rate
Overtime Hourly Rate
Effective Au" 1, 2018 $53.21
$79.81
Effective August 1, 2019 $55.02
$82.53
Effective August 1, 2020 $56.90
$85.35
C. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business
expenses incurred in connection with the performance of the Services if (i) Affiliate approves the expenses
in writing, in advance; (ii) the expenses relate directly to Contractor's performance of Services; (iii) the
expenses meet the requirements for reimbursement under the Affiliate Rules; and (iv) Contractor submits
receipts to Affiliate within 60 days of incurring the expenses.
[210782].1097300 Page 7 of 9
Part III
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
HIPAA COMPLIANCE
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), Title XIII
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-005) and the rules, guidance and
regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts
160 and 164.
NO ACCESS TO PHI
The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of
any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is
defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree
that neither Contractor nor Personnel shall have access to or use of any Sensitive Information or PHI. Any action by
Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the
extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information
or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such
information (other than as required by law) to any third party. Contractor shall be solely liable for any violations of
privacy laws by Contractor and Personnel. "Sensitive Information" includes any information in any form that
identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally
available to the public, such as social security number, employee identification number, tax identification number,
passport number, driver's license or state identification card number, insurance policy number, employment history,
bank account number, credit card number, debit card number or any financial information. The terms of this Part III
shall survive termination or expiration of this Agreement.
[210782].10973041 Page 8 of 9
Part IV
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
INSURANCE REQUIREMENTS
Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following
the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor
and Personnel as named insureds:
a) Commercial and general liability insurance with a limit of not less than $1,000,000 per occurrence and
$3,000,000 annual aggregate.
b) Workers' Compensation insurance, as required by Laws.
c) Employer's liability insurance with a limit of not less than $1,000,000 for each occurrence.
d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide
Services under the Agreement, if applicable, with a limit of not less than $1,000,000 for each occurrence.
e) Errors and omissions insurance with a limit of not less than $1,000,000 per occurrence and $3,000,000 annual
aggregate.
Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual
renewal during the term of this Agreement. In the event of any modification, termination, expiration, non -renewal or
cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten
(10) days following Contractor's receipt of such notification. Contractor may meet the obligations of this Part IV by
being self-insured.
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