HomeMy WebLinkAboutMINUTES - 08171982 - COB BOX 69 THE ®OAR® OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 17 , 1933 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson , Schroder .
NOES: None.
ABSENT: None.
ABSTAIN: None .
SUBJECT: Approval of Contract Cancellation Agreement 1/26-•113-1
The Board on August 17, 1982, having approved Contract 1126-113 with
Ernest A. Bates, M.D., Ltd. [dba American Shared Hospital Services (ASHS)] for
computerized tomographic scanning, and
The Board having considered the recommendations of the Director, Health
Services Department, regarding cancellation of Contract 1126-•113 effective
May 18, 1983, IT IS BY THE BOARD ORDERED that said contract cancellation agreement
is hereby APPROVED and the Chairman is AUTHORIZED to execute the cancellation as
follows:
Number: 26-113-1
Department: Health Services - Medical Care Division
Contractor: Ernest A. Bates, M.D., Ltd.
[dba American Shared Hospital Services (ASHS)]
Contract to be Cancelled: 26-113
Original Term: August 18, 1982 through August 17, 1983
Effective Date of Cancellation: May 18, 1983
Service: Computerized Tomographic Scanning
The Board further AUTHORIZES the Health Services Contracts and Grants
Administrator to submit to contractor a thirty-day written notice of termination in
accordance with Contract General Conditions Paragraph S (Termination) in order to
protect the County should Ernest A. Bates, M.D., Ltd. [dba American Shared Hospital
Services (ASHS)] fail to execute and return Contract Cancellation Agreement
1126-113-1.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisprs on the/date shown..
ATTESTED: ! �o
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
13Y Deputy
Orig. Dept.: Health Services/CGU
CC: County Administrator
Auditor-Controller
Contractor
DG:sh 3
CONTRACT CANCELLATION AGREEMENT
Number 26-113-1
1. Identification of Contract to be Cancelled.
Number: 26-113
Department: Health Services (Medical Care Division)
Subject: Computerized Tomographic Scanning
Effective Date of Contract to be Cancelled: August 18, 1982
Original Term: August 18, 1982 through August 17, 1983
2. Parties. The County of Contra Costa, California (County), for its Department
named above, and the following named Contractor mutually agree and promise as follows:
Contractor: Ernest A. Bates, M.D., Ltd.
[dba American Shared Hospital Services (ASHS)]
Capacity: A California Limited Partnership
Address: 350 Parnassus Avenue, Suite 401, San Francisco, California 94117
3. . Mutual Consent Cancellation. Pursuant to General Conditions Paragraph 5.
(Termination) of the contract identified above, County and Contractor hereby agree to
cancel (i.e., terminate) said Contract immediately by mutual consent, effective on the
close of the workday on Wednesday, May 18, 1983.
4. Signatures. These signatures attest the parties' agreement hereto:
i47-c- QF- e119G/tro�,PA//A-
/Ty Y t �A17Y AP-S5 yV �.P A&l5!:b
COUNTY&esignee, Board
CALIFORNIA CONTRACTOR
R NQST �ri°S Mp L Ty
)A [P
By f� Supervisors ByX6RAI-e-�TA g319
00
�r s " -
6sen e3-a 1 00r->
(Designate official capacity)
Attest:
J) J. R. Olsson, County Clerk
California
By C% /�/I,/I'. �,P,/ State of6AA17i '/>♦/ 0155' S.
Deputy County of r ntra C _ )
Recommended by Department ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor,
a known to me in those individual and
By business capacities, personally appeared
Designee before me today and acknowledged that
he/they signed it and that the corporation
or partnership named above executed this
Form Approved: instrum t pursuant to its bylaws or a
r on of its board of directors.
By Q. -
No ary Pu
Approved: County Administrator
Dated: + gify /3 L
By&aM4Z 164,
Designee OFFICIAL SEAL
S. C. Motincgey-Dennison
® NOTARY PUBLIC-CALIFORNIA
City and County ct SAN FRANCISCO
My Commission Expires Aug.26, 1983
=� CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
r�.4Y 1 C!
TO: M. G. Wingett, County Administrator Date: May 10, 1983 0 1983
Attention: C. L. Van Marter
Count Office Of
m;n�.St,
From: Arnold S. Leff, M.D., Director Subject: CONTRACT CANCELLATION AGRE "
By: Elizabeth A. Spooner, Acting
Contracts an Ta is Administrator
i /
Attached for presentation to the Board of Supervisors is the following
Contract Cancellation Agreement for the Department's Medical Care Division:
Number: 26-113-1
Department: Health Services (Medical Care Division)
Contractor: Ernest A. Bates, M.D., Ltd.
[dba American Shared Hospital Services (ASHS)]
Contract To Be Cancelled: 426-113
Original Term: August 18, 1982 through August 17„ 1983
Payment Limit: $150,000
Service: Computerized Tomographic Scanning
Medical Care Division is negotiating an exclusive contract with AMI
Diagnostic Services, Inc. for the subject services and is, therefore,
requesting cancellation of the County's contract with American Shared
Hospital Serivices.
This contract cancellation agreement has been approved by the Department's
Contracts and Grants Administrator in accordance with the guidelines approved
by the Board's Order of December 1, 1981 (Guidelines for contract preparation
and processing, Health Services Department) .
To expedite cancellation by May 18, 1983, it is recommended that this
cancellation agreement be approved and submitted to the Board at their next
meeting on Tuesday, May 17, 1983.
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DG:sh
Attachments
PEC IV'EICIP
f IAY/ 1983
ZARD"80 PEHVISOtto
A-41 3/81 _
C� 0
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 17 , 1982 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak.
NOES: None .
ABSENT: None.
ABSTAIN: None .
SUBJECT: Approval of Contract 1126-113 with Ernest A. Bates, M.D., Ltd.
(dba American Shared Hospital Services)
The Board having considered the recommendations of the Director, Health
Services Department, regarding approval. of Contract 1126-113 with Ernest A. Bates,
M.D. , Ltd. for on-site computerized tomographic scanning services, IT IS BY THE
BOARD ORDERED that said contract is hereby APPROVED and the Chair is AUTHORIZED to
execute the contract as follows:
Number: 26-113
Department: Health Services - (Medical Care Division)
Contractor: Ernest A. Bates, M.D, , Ltd.
(dba American Shared Hospital Services)
Term: August 18, 1982 through August 17, 1983, with an automatic
five-month extension through January 17, 1984
Payment Limit: $200,000 plus $83,330 during the automatic contract
extension for FY 83-84
t hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: AUG 17 7982
J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
By
Deputy
0. M 8tthewQ
Orig. Dept.: Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
DG:ta
/tr.s. Costa County- Standard Form
'1 `• STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number 26 - 113
Department: Health Services (Medical Care Division/Radi-o ogy
Subject : Computerized Tomographic Scanning
2. Parties . The County of Contra Costa, California (County) , for its
Department named above, and the following named Contractor mutually agree and
promise as follows :
Contractor : Ernest A. Bates, M.D. , Ltd. [dba American Shared Hospital Services (ASHS) ]
Capacity : A California Limited Partnership
Address : 350 Parnassus Avenue, Suite 401, San �. 4"J;r
nFrancisco, California 94117
3 . Term. The effective a of this Contract isr� , 12 and it
terminate,t/9&1 ;� , 1983 unless sooner terminated. as provided herein.
4. Payment YL mit. County' s total payments to Contractor under this Contract
shall not exceed $ 200,000
5 . County' s Obligations . County shall make to the dont:ractor those payments
described in the Payment Provisions attached hereto, whic:h are incorporated
herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6 . Contractor ' s Obligations . Contractor shall provide those services and
carry out that work described in the Service Plan attached hereto which is
incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7 . General and Special Conditions. This Contract is subject to the General
Conditions and Special Conditions (if any) attached hereto , which are incorpo-
rated herein by reference.
8 . Project. This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference:
Not Applicable
9 . Legal Authority. This Contract is entered into under and subject to the
following legal authorities: California Government Code Section 31000.
10. Signatures . These signatures attest the parties ' agreement hereto :
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRAC .fit
By ""�` - BY
Designee, Board of Supervisors G°�+ e�c�b AJC4,
(Designate official capacity)
Attest * J.,Jt. Olsson, County Clerk
B yam/ State of California ) as.
Deputy County of Contra Costa )
Recommended by Department ACKNOWLEDGEMENT (CC 1190. 1)
The person signing above for Contractor,
By known to me in those individual and
Designee business capacities , personally appeared
before me today and acknowledge that he/
Form Ap roved: they signed it and that the corporation
j executed this instrument pursuant to its
By - bylaws or a resolution of its board of
directors. (� �n {�
�i 0NOTARY
OFF!C1,aL SEAL --------- \� UYl°M. ELE Notary Public D putyCountyClerk
PUBLIC - CALIFORNIA
SAN FRANCISCO COUNTY Dated(6-5-80) My comm. expires MAR '45, 1983
Contra Costa County Standard Form
PAYMENT PROVISIONS
(• (Fee Basis Contracts) .'
Number 2 6 - 1 1 3
I. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following
fee:
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions
herein and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder.
[X] d. (1) Cranial Tomographic Studies using GE 8800 Unit or Delta Unit, as follows:
GE 8800 Unit Delta Unit
(a) $ 215.00 or $ 195.00 per non-contrast media tomographic study.
(b) $ 240.00 or $ 215.00 per contrast media cranial tomographic
study. [Non-contrast media cranial study
listed above, if required, included as
part of contrast_ study price".]
(2) Body Tomographic Studies using GE 8800 Unit:
(a) $ 235.00 per non-contrast media body tomographic study, including
14 slices (views); additional charge of $20.00 for each
additional slice (view) .
(b) $ 260.00 per contrast media body tomographic study, including 14
slices (views); additional charge of $20.00 for each
additional slice (view) . [Non--contrast media body study
listed above, if required, included as part of contrast
study price.]
(3) Fee Rate Adjustment. Prices may be adjusted to reflect increased costs,
but not to exceed the annual rate of inflation as published by the United
States Department of Labor for the San Francisco Bay Area. Price adjust-
ments will be effective 30 days after receipt of said U.S. Department of
Labor publication from Contractor together with Contractor's written
notice. to County.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be
made on County Demand Form D15 and in the manner and form prescribed by County.
Contractor shall submit said demands for payment for services rendered no later than
90 days from the end of the month in which said services are actually rendered. Upon
approval of said payment demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as specified in Para-
graph 1. (Payment Amounts) above.
3. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out. or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, reply-
ing to, and/or complying with any audit exceptions by appropriate County, State or
Federal audit agencies occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within 30 .days of demand by County the
full amount of the County's liability, if any, to the State and/or Federal government
resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
Initials:
(6-4-80) Contractor County
3 ?,0"00,
SERVICE PLAN
Number 2 6
1. Contractor's Obligations. Contractor attests and certifies that it has
established a shared services program to provide computerized tomographic scanning
services within the Northern California Area and that it has mobile equipment and duly
licensed and qualified staff to provide services required by this Contract.
Contractor shall keep said licenses in effect during the term of this Contract and
comply with all applicable American Board of Radiology, federal, state, and local
regulations governing such services. Services rendered pursuant to the terms of this
Contract shall be in accordance with the standards and recommendations of the Joint
Commission on Accreditation of Hospitals. The standards for computerized tomographic
studies performed for County shall be approved by the medical staff of County
Hospital, which approval will not arbitrarily or unreasonably be withheld. County's
interest and responsibility is to insure that services provided by Contractor pursuant
to terms of this Contract are performed and rendered in a competent, efficient, and
satisfactory manner. Contractor shall provide services as follows:
a. Mobile Scanner Unit. Contractor shall provide the mobile scanner unit,
its staff, all labor and technical personnel services, and all related equipment
necessary for performance of computerized tomographic studies. Contractor shall, at .
its own expense, keep and maintain all such equipment in good order and repair; except
for any damage caused to said equipment as a result of the negligence and/or inten-
tional wrongdoing of the County or its employees or agents.
b. Computerized Tomographic Scanning Services. At the request of the Health
Services Director, or his designee, Contractor shall provide to designated County
patients computerized tomographic scanning services specified below.
(1) Cranial Tomographic Studies. Contractor shall provide cranial
tomographic studies using GE 8800 or Delta equipment as follows:
(a) Non-contrast media cranial tomographic study.
(b) Contrast media cranial tomographic study. Non-contrast media
cranial study listed above, if required, included as part of
contrast study price.
(2) Body Tomographic Studies. Contractor shall provide body tomographic
studies using GE 8800 equipment as follows:
(a) Non-contrast media body tomographic study.
(b) Contrast media body tomographic study. Non-contrast media body
study listed above, if required, included as part of contrast
study price.
c. Schedule of Services. Contractor shall establish with County's Health
Services Director, or his designee, a schedule of time to perform the tests as ordered
by County staff. After the initial schedule is agreed upon between both parties, said
schedule may from time to time be altered to reflect County needs. Said schedule and
any alterations thereto shall be given County in writing fourteen (14) working days in
advance of any change or alteration.
Contractor shall endeavor to adhere to the scheduling established with County.
Contractor shall reschedule testing, if possible, for patients who are unable to be
served under the established schedule. In the event of an inability to meet the
requirement of such special schedule, or in the event of equipment failure, Contractor
shall not be responsible for rescheduling necessary studies.
d. Medical Treatment and Advice. Contractor shall not provide medical
treatment, including the ordering of computerized tomographic studies, interpretation
of study results, the monitoring of patients for any reaction and initiation of
appropriate medical treatment, or medical advice to County patients.
Initials:
nt actor County Dept.
-1-
, 3v
SERVICE PLAN
Number 26 — lel
e. Payments for Services. Contractor shall bill County for services pro-
vided under this Contract as set forth in the Payment Provisions of this Contract. In
no event shall Contractor independently bill physicians or patients for services ren-
dered pursuant to the terms of this Contract.
f. Exclusive Use by County. During the time Contractor's Mobile Scanner
Unit is located on County Hospital premises, Contractor will provide services exclu-
sively to County-referred patients.
2. County's Obligations. In addition to payments to Contractor described in the
Payment Provisions of this Contract, County's obligations under this Contract are as
follows:
a. Location of Mobile Scanner Unit. County shall make available at no cost
to Contractor a mutually agreed upon appropriate, safe, and convenient site (parking
space) on County Hospital premises for the performance of computerized tomographic
studies in the mobile scanner unit. County shall provide at no cost to Contractor all
external electrical and communication systems sources required to operate the mobile
scanner unit.
b. Medical Services. Medical treatment, including the ordering of com-
puterized tomographic studies, interpretation of study results, the monitoring of
patients for any reaction and initiation of appropriate medical treatment will be ren-
dered solely by physicians and surgeons who are members of the medical staff of County
Hospital.
c. Materials, Supplies, and Transport Personnel Services. County shall pro-
vide at no cost to Contractor the following materials, supplies and transport person-
nel services:
(1) All contrast media/administration sets.
(2) All film.
(3) All necessary medical supplies.
(4) Magnetic Tape (as required for maintenance of patient information
under County Hospital policy) .
(5) Medical transport personnel to accompany patients to and from Mobile
Scanner Unit.
d. Patients. The hospital inpatient clinical record shall accompany each
hospital inpatient referred to Contractor for examination. Said record shall have
entered on the Doctor's order sheet a request for the scheduled examination which has
been signed by the requesting physician. Patients shall be given necessary instruc-
tions regarding preparation for examinations and/or prepared for said examinations by
County staff.
e. Special Schedules. In the event of an inability of Contractor to meet
the requirement of a special schedule for patients who are unable to be served under
the established schedule, or in the event of equipment failure, County shall be
responsible for rescheduling necessary studies.
f. Exclusive Use of Mobile Scanner Services. County agrees to exclusively
utilize Contractor's mobile scanner service for all mobile scans required during the
term of this Contract. In the event County utilizes any other person or entity to
provide mobile computerized tomographic scan service, County agrees to remunerate
Contractor as if Contractor had performed said services.
Initials:
ontractor County ept.
-2-
SPECIAL CONDITIONS
Number 26 1143
1 . Termination. Paragraph 5. (Termination) of the General Conditions is modified
to read as follows:
"5. Termination.
a. Written Notice. This Contract may be terminated by either party, at
their sole discretion, upon thirty-day advance written notice thereof to
the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. Should the Contractor fail to perform properly any
of its obligations hereunder, County shall give Contractor written
notice of such failure to perform and allow Contractor 21 days to rec-
tify the situation. Should Contractor fail to rectify the situation
within the 21-day period, County may immediately terminate this Contract.
In the event of such termination, the County may proceed with the work
in any reasonable manner it chooses .
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the
event that Federal, State, or other non-County funding for this Contract
ceases, this Contract is terminated without notice."
2 . Indemnification. Paragraph 18 (Indemnification) of the General Conditions is
modified to read as follows;
"18. Indemnification. The Contractor shall defend, ,save harmless and indemnify
the County and its officers, agents and employees from all liabilities and
claims for damages for death, sickness or injury to persons or property,
including without limitation, all consequential damages, from any cause
whatsoever arising from or connected with the operations or the services of
the Contractor hereunder, resulting from the conduct, negligent or other-
wise, of the Contractor, its agents or employees. The County shall defend,
save harmless and indemnify the Contractor and its officers, agents and
employees from all liabilities and claims for damages for death, sickness or
injury to persons or property, including without limitation, all consequential
damages, from any cause whatsoever arising from or connected with the opera-
tions or the services of the County hereunder, resulting from the conduct,
negligent or otherwise, of the County, its agents or employees."
3. Malpractice Insurance Coverage. Paragraph 19.a (Liability Insurance) of the
General Conditions is hereby modified by adding the following sentence:
"In addition to the above comprehensive liability insurance coverage,
Contractor shall also provide and keep in effect a policy or policies of pro-
fessional liability insurance (malpractice) with a minimum coverage limit of
$1,000,000 per occurrence for all damages resulting from professional services
provided by Contractor under this Contract.
.'ORM AP 'ROVED
.urin UCLA EN, ou Cuu
Initials:
.4Y bap ) Contractor County Dept.
l
- 1 -
i
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SPECIAL CONDITIONS
Number 26 - 113
4. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated prior to August 17, 1983, by either party
pursuant to Paragraph 1. (Termination) of these Special Conditions, the term of this
Contract shall be automatically extended for the five-month period from August 18, 1983
through January 17, 1984. The purpose of the automatic five-month contract extension
is to allow for continuation of services as specified in this Contract during which time
County will, if necessary and appropriate, complete for Contractor and County Board of
Supervisors approval a contract for the following fiscal year. As to any five-month
extension of this Contract:
a. If this Contract is automatically extended for five-months, the Contract
Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased
by $83,330 (the five-month Payment Limit) and County's total payments to Contractor for
said five-month extension period shall not exceed this five-month Payment Limit.
b. Contractor shall continue to provide services as set forth in the Service
Plan, subject to any amendments thereto.
c. Said five-month contract extension shall be subject to any further
agreement which Contractor and County may enter into covering the provision of services.
5. Reporting Requirements. Pursuant to Government Code 57750, Contractor shall
include in all documents or written reports completed and submitted to County in accord-
ance with this Contract, a separate section setting forth the numbers and dollar amounts
of all contracts and subcontracts relating to the preparation of each such document or
written report. This section shall apply only if the payment limit under this Contract
exceeds $5,000.
6. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section
1861 (v) (1) of the Social Security Act, and any regulations promulgated thereunder,
Contractor shall, upon written request and until the expiration of four years after the
furnishing of services pursuant to this Contract, make available to the Secretary of
Health and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a sub-
contract with a value or cost of $10,000 or more over a twelve--month period, such sub-
contract shall contain a clause to the effect that upon written request and until the
expiration of four years after the furnishing of services pursuant to such subcontract,
the subcontractor shall make available, to the Secretary or to the Comptroller General,
or any of their duly authorized representatives, the subcontract and books, documents,
and records of the subcontractor that are necessary to verify the nature and extent of
all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the main-
tenance or retention of records under this Contract and is binding on the heirs, suc-
cessors, assigns and representatives of Contractor.
Initials:
ontractor Co n D t.
-2-
Contra Costa County •` • Standard Form'
GENERAL CONDITIONS
(Purchase of Services)
8 . Modifications and Amendments.
a . General Amendments. This Contract may be modified or amended
by a written document executed by the Contractor and the Contra Costa County
Board of Supervisors or, after Board approval, by its designee, subject to
any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit,
the Payment Provisions and the Service Plan may be amended by a written
administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal
approval, provided that such administrative amendments may not materially
change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor con-
cerning the meaning, requirements, or performance of this Contract shall
be subject to final determination in writing' by the head of the County
Department for which this Contract is made or his designee or in accordance
with the applicable procedures (if any) required by the State or Federal
Government .
10. Choice of Law and Jurisdiction.
a. This Contract is made in Contra Costa County -and shall be
governed and construed in accordance with the laws of the State of
California.
b. Any action relating to this Contract shall be instituted and
prosecuted in the courts of Contra Costa County , State of California.
11 . Conformance with Federal and State Regulations. Should Federal or
State regulations touching upon the subject of this Contract be adopted or
revised during the term hereof , this Contract shall be amended to assure
conformance with such Federal or State requirements.
12. No Waiver by .County. Subject to Paragraph 9. (Disputes) of these
General Conditions, inspections or approvals, or statements by any officer ,
agent or employee of the County indicating the Contractor' s performance or
any part thereof complies with the requirements of this Contract, or
acceptance of the whole or any part of said performance , or payments there-
for, or any combination of these acts, shall not relieve the Contractor ' s
obligation to fulfill this Contract as prescribed ; nor shall the County be
thereby estopped from bringing any action for damages or enforcement arising
from any failure to comply with any of the terms and conditions of this
Contract .
13 . Subcontract and Assignment. This Contract binds the heirs, suc-
cessors, assigns and representatives of Contractor . The Contractor shall
not enter into subcontracts for any work contemplated under this Contract
and shall not assign this Contract or monies due or to become due, without
the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14 . Independent Contractor Status. This Contract is by and between
two independent contractors and is not intended to and shall not be con-
strued to create the relationship of agent, servant, employee, partnership ,
joint venture or association.
I '
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(A-4616 REV 6/80) -2-
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Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply
with all Federal, State and local laws and regulations applicable with
respect to its performance under this Contract, including but not limited
to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment.
2 . Inspection. Contractor 's performance, place of business and
records pertaining to this Contract are subject to monitoring, inspection,
review and audit by authorized representatives of the County, the State
of California, and the United States Government.
3 . Records. Contractor shall keep and make available for inspection
and copying by authorized representatives of the County, the State of
California, and the United States Government, the Contractor ' s regular
business records and such additional records pertaining to this Contract
as may be .required by the County.
4 . Retention of Records. Contractor shall retain all documents per-
taining to this Contract for five years from the date of submission of
Contractor 's final payment demand or final Cost Report; for any further
period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract ' s funding period.
Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United
States Government.
5. Termination.
a. Written Notice. This Contract may be terminated by either
party, at their sole discretion, upon thirty-day advance written notice
thereof to the other, and may be cancelled immediately by written mutual
consent.
b. Failure to Perform. The County, upon written notice to
Contractor , may immediately terminate this Contract should the Contractor
fail to perform properly any of its obligations hereunder. In the event
of such termination, the County may proceed with the work in any reason-
able manner it chooses. The cost to the County of completing Contractor ' s
performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County ' s rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above,
in the event that Federal, State, or other non-County. funding for this
Contract ceases , this Contract is terminated without notice.
.6 . Entire Agreement. This Contract contains all the terms and con-
ditions agreed upon by the parties . Except as expressly provfded herein,
no other understandings, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of. the parties
hereto.
7 . Further Specifications for Operating Procedures . Detailed speci-
fications of operating procedures and budgets required by this Contract,
including but not limited to, monitoring, auditing, billing , or regulatory
changes , may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to
the extent that they further detail or clarify that which is already re-
quired hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the
Contractor as _provided herein. Informal Agreements may be approved and
signed by the head of the County Department for which this Contract is
made or his designee.
(A-4616 REV 6/80) -1-
Contra Costa County • • Standard Form
GENERAL CONDITIONS,
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate(s) of insurance evidencing liability and workers'
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ies)
or acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of
insurance .
d. Additional Insurance Provisions. The insurance policies pro-
vided by the Contractor shall include a provision for thirty (30) days
written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, and their officers, agents,
and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered
under the Contractor ' s insurance policy or policies.
20. Notices . All notices provided for by this Contract shall be in
writing and may be delivered by deposit in the United States mail , postage
prepaid . Notices to the County shall be addressed to the head of the County
Department for which this Contract is made. Notices to the Contractor shall
be addressed to the Contractor ' s address designated herein. The effective
date . of notice to the Contractor shall be the date of deposit in the mails
or of other delivery. The effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this
Contract is made.
21 . Primacy of General Conditions . Except for Special Conditions
which expressly supersede General Conditions , the Special Conditions (if
any) and Service Plan do not limit any term of the General Conditions.
22 . Nonrenewal. Contractor understands and agrees that there is no
representation,. implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new con-
tract following expiration or termination of this Contract, and waives all
rights or claims to notice or hearing respecting any failure to continue
purchase of all or any such services from Contractor .
23. Possessory Interest. If this Contract results in the Contractor
having possession of, claim to or right to the possession of land or improve-
ments, but does not vest ownership of the land or improvements in the same
person, or if this Contract results in the placement of taxable improvements
on tax exempt land (Revenue & Taxation Code §107 ) , such interest or improve-
ments may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes . levied on such
interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code §107 . 6 , and waives all rights to
further notice or to damages under that or any comparable statute.
(A-4616 REV 6/80) -4-
�Con'tra Costa County • • Standard Form
GENERAL CONDITIONS
(Purchase of Services)
15 . Conflicts of Interest . Contractor promises and attests that the
Contractor and any members of its governing body shall avoid any actual or
potential conflicts of. interest. If Contractor is a corporation, Contractor
agrees to furnish to the County upon demand a valid copy of its most recently
adopted bylaws and also a complete and accurate list of its governing body
(Board of Directors or Trustees) and to timely update said bylaws or the list
of its governing body as changes in such governance occur .
16 . Confidentiality. Contractor agrees to comply and to require its
employees, agents and partners to comply with all applicable State- or Federal
statutes or regulations respecting confidentiality , including but not limited
to , the identity of persons served under this Contract, their records, or
services provided them, and assures that :
a. All applications and records concerning any individual made or
kept by Contractor or any. public officer or agency in-connection with the
administration of or relating to services provided under this Contract will
be confidential , and will not be open to examination for any purpose not
directly connected with the administration of such service .
b. No person will publish or disclose or permit or cause to be
published or disclosed , any list of persons receiving services, except as
may be required in the administration of such service. Contractor agrees
to inform all employees , agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information
other than as authorized by law may be guilty of a misdemeanor .
17 . Nondiscriminatory Services . Contractor agrees that all goods and
services under this Contract shall be available to all qualified persons
regardless of age, sex, race, religion, color, national origin, or ethnic
background , or handicap , and that none shall be used , in whole or in part,
for religious worship or instruction.
18 . Indemnification . The Contractor shall defend , save harmless and
indemnify the County and its officers, agents and employees from all lia-
bilities and claims for damages for deat-h, sickness or injury to persons or
property, including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder , resulting from the conduct , negligent or
otherwise, of the Contractor , its agents or employees.
19 . Insurance. During the entire term of this Contract and any
extension or modification thereof , the Contractor shall keep in effect
insurance policies meeting the following insurance requirements unless
otherwise expressed in Special Conditions :
a. Liability Insurance. The Contractor shall provide compre-
hensive liability insurance, including coverage for owned and non-owned
Automobiles , with a minimum combined single- limit coverage of $500, 000
for all damges , including consequential damages, due to bodily injury,
sickness -or disease, or death to any person or damage to or destruction
of property, including the loss of use thereof , arising from each
occurrence. Such insurance shall be endorsed to include the County and
its- officers and employees as additional named insureds as to- all ser-
vices performed by Contractor under this agreement.
b. Workers ' Compensation. The Contractor shall provide workers'
compensation insurance coverage for its employees.
(A-4616 REV 6/80) -3-
CONTRA COSTA COUNTY
1. 35
/ HEALTH SERVICES DEPARTMENT
To: M. G. Wingett, County Administrator Date: August 11, 1982
Attention: C. L. Van Marter
From: Arnold S. Leff, M.D. , Director Subject: CONTRACT #26-113 with
By: Eugene J. Mo Ernest A. Bates , M.D., Ltd.
Contract Grants A ministrator (dba American Shared
Hospital Services)
Attached for presenta o to the Board of Supervisors is the following
contract for the De r ent's Medical Care Division:
Number: 26-113
Contractor: Ernest A. Bates , M.D., Ltd.
(dba American Shared Hospital Services)
Term: August 18, 1982 through August 17, 1983, with an automatic five-month
extension through January 17, 1984
Payment Limit: $200,000 plus $83,330 during the automatic contract
extension through January 17, 1984
Funding: Enterprise Fund
Service: Computerized Tomographic Scanning Services
A memo f m Walter Carr, M.D. , explaining the need for this contract, is
attac Extensive negotiations with the contractor's attorney have delayed
implementation of this service.
This contract has been approved as to legal form by County Counsel's Office, and
the Special Conditions of this contract have been reviewed and approved by your
office.
It is , therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, August 17, 1982.
DG:ta
Attachments
cc: Clerk of the Board
Walter Carr, M.D. a ..'.
Bob Pierce ' RECEIVE®
P
LS ON
3L K RD D pEHVISORS
Deputy
A-41 3/81