HomeMy WebLinkAboutMINUTES - 09141982 - COB BOX 69 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on
September 14 1982 by the following vote:
- ,
AYES: Supervisors Fanden, Schroder, Torlakson, McPeak.
NOES: None .
ABSENT: Supervisor Powers .
ABSTAIN: None .
SUBJECT: Termination of Medical Specialist Contract #26-851
with Academic Neurology for the East Bay
The Board on July 27, 1982, having approved Contract #26-851 with
Academic Neurology for the East Bay for professional services in Contractor's
medical speciality (Neurology), and
The Board having been advised by the Director, Health Services
Department, that said contractor has given County thirty day advance written
notice that said contract is terminated by contractor, without cause, as
provided in paragraph 4. (Termination) thereof, IT IS BY THE BOARD ORDERED that
the following contract is TERMINATED as indicated:
Number: 26-851
Department: Health Services - Medical Care Division
Contractor: Academic Neurology for the East Bay
Effective Date of Termination: September 26, 1982
hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis4p on the date shown.
ATTESTED:
J.R. OISSON, COUNTY CLERK
and ex atf;cic Clork�.offtthe Board
' By � - r1� De ut
P y
Orig. Dept.: Health Services Dept./CGU
cc: County Administrator
Auditor-Controller
Contractor
EJM:sh � � /
tHE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 27 , 1982
by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak.
NOES: None.
ABSENT: None..
ABSTAIN: None.
SUBJECT: Approval of Medical Specialist Contract
#26-851 with Academic Neurology for the East Bay
The Board having considered the recommendations of the Director, ,
Health Services Department, regarding approval of Contract 4426-851 with Academic
Neurology for the East Bay for professional services in contractor's medical spe-
ciality, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the
Chair is AUTHORIZED to execute the contract as follows:
Number: 26-851
Department: Health Services - Medical Care Division
Contractor: Academic Neurology for the East Bay
Speciality: Neurology
Term: July 27, 1982 through April 30, 1983
Payment Rate: a. $ 2,500 per month for consultation, training
services, and on-call services;
b. $ 25.00 for administration of each Electroencephalogram;
and
c. $ 25.00 for each Electroencephalogram reading.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors en the date shown.
ATTESTED: JUL 2 71982
J.R. OLSSON, COUNTY CLERK
and exfficlo Clerk of the Board
By . Deputy
01. matt WS
Orig. Dept.: . Health Services Dept./CGU
CC: County Administrator
Auditor-Controller
Contractor
SH:to � ^ f
Contra Costa County � Standard Form
•- SDICAL SPECIALIST CONTRACR 1 "3 L
-1 . Contract Identification. Contract: # 2 6 _
Department: 1 Health Services (Medical Care Division
Subject: Provision of services in Contractor ' s medical speciality(ies)
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 : ACADEMIC NEUROLOGY FOR THE EAST BAY State Medical
Capacity: Non-profit California Corporation License #_612436
Medical Speciality: Neurology
Address: 15e Mair Romi;-terrttYiez; _---------- 94553' ••--"rv/(g
116 Southampton Avenue, Berkeley, California 9470.7
3 . Term. The effective date of this Contract is July 2 19 '2 and it
terminates April 30, 1983 unless sooner terminated as provided herein.
4. Termination. Should Contractor fail to perform properly any of its
obligations hereunder, County may terminate this Contract upon written
notice to Contractor. This Contract may also be terminated by either party
without cause by giving thirty ( 30) days advance written notice thereof to
the other, or may be cancelled immediately by written mutual consent.
5 . County' s Obligations . County shall make to Contractor those payments
described in Paragraph 2. (Payment) of the attached Additional Provisions
which are incorporated herein by reference.
6. Contractor ' s Obligations . Contractor shall provide those services and
carry out that work described in Paragraph 3. (Contractor ' s Obligations) of
the attached Additional Provisions .
7. Independent Contractor Status . This Contract is by and between two
independent contractors and is not intended to and shall not be construed
to create the relationship of agent, servant, employee, partnership, joint
venture, or association.
8. Regulations . Contractor agrees to abide by all rules, regulations,
procedures and bylaws for the operation of the County' s Health Services
Department .
9. Modifications and 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.
10. Indemnification. The Contractor shall defend, save harmless and indem-
nify 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, including errors, omissions, or malpractice, arising from or
connected with the operations or the services, medical and non-medical, of
the Contractor hereunder, resulting from the conduct, negligent or other-
wise, of the Contractor. SEE ADDENDUM ATTACHED HERETO AND' MADE A PART HEREOF.
11 . Assignment. Contractor shall not assign or transfer any interest
hereunder without the express written permission of the Director of County' s
Health Services Department.
12. Legal Authority. This Contract is entered into under and subject to
the following legal authorities : California Government Code Sections 26227
and 31000; Health and Safety Code Section 1451.
13 . NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF
MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP
YOUR RIGHT TO A JURY OR COURT TRIAL. SEE PARAGRAPH ]L OF THE ADDITIONAL
PROVISIONS.
14. Signatures . These signatures attest the parties ' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By. i' l L" " _ B
Dee
Rec mmen ed fo pp ov Dated: ��(� L 2d �q
By (Form approved by County Counsel)
ADDITIONAL PROVISIONS
I Number
26 - 851
i
1. Arbitration of Claims. As to any and all services provided for members of the
Contra Costa Health Plan or Key Plan, it is understood that any dispute as to medical
malpractice, that is as to whether any medical services rendered under this Contract
were unnecessary or unauthorized or were improperly, negligently or incompetently
rendered, will be determined by submission to arbitration as provided by California_
law, and not by a lawsuit or resort to court process except as California law provi-
des for , judicial review of arbitration proceedings. Both parties to this Contract,
by entering into it, are giving up their constitutional right to have any such
dispute decided in a court of law before a jury, and instead are accepting the use of
arbitration.
The terms and procedures for said arbitration are those set forth in Article 1 of
Health Plan Service Agreement Number 27-019 between the Contra Costa Health Plan and
the County of Contra Costa and all districts governed by its Board of Supervisors, _
which is incorporated herein by refernce. Agreement Number 27-019 is available for
inspection in the office of the Executive Director, Contra Costa Health Plan, 2500
Alhambra Avenue, Martinez, California.
2. Payment. In consideration of Contractor's provision of services as
described below, County shall pay Contractor, upon submission of a properly docu-
mented demand for payment in the form and manner prescribed by County (Demand Form
D-15), and upon approval of such demand by the head of the County Department for
which this Contract is made or his designee, according to the following fee schedule:
a. $ 2,500 per month for consultation, training services, and on-call
services, as defined in Paragraph 3. (Contractor's Obligations)
below,
b. $ 25.00 for administration of each Electroencephalogram, and
c. $ 25.00 for each Electroencephalogram reading.
3. Contractor's Obligations. Contractor hereby certifies and assures that
he/she is specially trained, experienced, competent, and licensed to perform special
professional services, including medical procedures and consultation and ,training in
medical and therapeutic matters. Contractor shall render such. special professional
services in his/her medical speciality(ies) for County patients at certain times and
locations specified by the Director of County's Health Services Department or his
designee.
a. On-Call Services. In addition to the actual medical speciality services
(i.e., consultation, training, and medical procedures) that are provided by Contractor
at the times and locations specified by the Director of County's Health_Services
Department, Contractor shall also provide "on-call" services for County, in accordance
with a schedule to be specified by the Department Director or his designee. On-call
services are defined as the provision of the following services by Contractor:
(1) Being readily available to be contacted by County Hospital person-
nel by telephone at all times during said on-call duty period.
(2) Answering or returning such calls immediately.
(3) Giving medical advice over the telephone on patient treatment and
care, as appropriate.
(4) Traveling immediately to County Hospital in Martinez to provide
services for patients, as needed, during the on-call duty period.
Initials:
Contrac or Count ept.
-1-
ADDITIONAL PROVISIONS
Number 26 - 851
County shall pay Contractor the appropriate on-call duty period fee specified in
Paragraph 2: (Payment) above for the provision of on-call services. Medical_ spe-
ciality services (electroencephalogram administration and reading) actually provided by
Contractor at County Hospital for patients during the on-call duty period shall be paid
at the fixed rates set forth in Paragraph 2. (Payment) above..
4. 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 sub-
contract, the subcontractor shall make available, to the Secretary or to the
Comptroller Generale, 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;su c-
cessors, assigns and representatives of Contractor.
i
i
Initials:
Contraltw Count ept.
-2-
4
ADDENDUM TO MEDICAL SPECIALIST CONTRACT #26-851
I
I
i
The following is added to Paragraph 10. ( Indemnification) ; attached hereto
and made a part hereof:
Contractor shall be obligated only for that portion of liabilities or
damages attributable to his negligence, he shall not be required to pay
liabilities or damages resulting from the negligence of any other
person or of the County of Contra Costa.
Initials :
Contract r Co my Dept.
i
it
I3�
=� CONTRA COSTA COUNY
TCC�� '
HEALTH SERVICES DEPARTN16pfPt Gnsta Cont
EI vE p Y
-Iut 2' 1982
°�'nt Of��- of
To: M. G. Wingett, County Administrator Date: July 20, 1982 R?inistratoj.
Attention: ) C. L. Van Marter
Subject: Approval of Medical1
Arnold S. teff, M.D., Di or Subj
From.
By: Eugene J. Mor Specialist Contract #26-851
Contracts rants d inistrator
Attached for reseq ion to the Board o Supervisors is the following medical
specialisticontrac for the Department's Medical Care Division:
Number: -851
Contractor: ACADEMIC NEUROLOGY FOR THE EAST BAY
Term: July 27, 1982 through April 30, 1983
Payment Rate: a. $ 2,500 per month for consultation, training
services, and on-call services;
b. $ 25.00 for administration of each Electroencephalogram;
and
c. $ 25.00 for each Electroencephalogram reading.
Funding: Enterprise Fund
Speciality: Neurology
This contract 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) .
It is, therefore, recommended that this contract be approved and submitted to
the Board at their next meeting on Tuesday, July 27, 1982.
SH:ta
Attachments
cc: Clerk of the Board RECEIVED`Walter. Carr, M.D.
Lew Pascalli 0
Carolyn Fernandez A JUI-a
j.R. aLLSSON
R ROARDOF:3UPERVISORS
tTRA CO)TA CO.
jy �..
Qg _Deputy
A-41 3/81