HomeMy WebLinkAboutMINUTES - 01051993 - 1.58 TO: BOARD OF SUPERVISORS Mf
FROM: Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts AdministratorCosta
DATE: December 15, 1992 County
SUBJECT: Approval of Hospital Agreement (Novation) #24-573-1 with Community Psychiatric
Center, Inc. (for its Walnut Creek Hospital)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on behalf of
the County, Hospital Agreement (Novation) #24-573-1 with Community Psychiatric
Center, Inc. (for its Walnut Creek Hospital) for the period from July 1, 1992
through June 30, 1993 in the amount of $50,000 for purchase of fixed price beds
for acute inpatient psychiatric hospital services for mentally-ill children and
adolescents. This Contract includes a six-month automatic extension from June
30, 1993 through December 31, 1993 in the amount of $25,000.
II. FINANCIAL IMPACT:
This Contract is included in the Department's FY 1992-93 budget.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Under the Statutes of 1987 (Assembly Bill 1362, Bronzan) , Welfare and
Institutions Code Section 5751.7 establishes a prohibition against minors being
admitted for psychiatric treatment into the same treatment ward as certain adults
which might present a threat to the physical safety of minors, except when a
waiver has been granted by the State under special circumstances.
On June 25, 1991, your Board approved Hospital Agreement #24-573 with Community
Psychiatric Center, Inc. , for its Walnut Creek Hospital, to provide acute
inpatient psychiatric hospital services for mentally-ill children and adolescents
so that minors need not be hospitalized on the adult psychiatric units at
Merrithew Memorial Hospital.
Approval of Hospital Agreement (Novation) #24-573-1 will continue the
Contractor's services through June 30, 1993.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON ? APPROVED AS RECOMMENDED, OTHER
VOTE OF SUPERVISORS
4__ UNANIMOUS (ABSENT �^ ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Patricia Roach (313-6411)
CC: Health Services (.Contracts) ATTESTED l
Risk Management Phil 816elor,Clerk dF the Board of
Auditor-Controller Supervisors and County Administratgr
Contractor.
M3e2/7-e8 BY DEPUTY
Contra Costa County 1 . 58 Number 24-573-1
HOSPITAL AGREEMENT Fund/Org # 5952
(Psychiatric Facilities) Account # 2320
(Novation) Other #
1. Contract Identification.
Department: Health Services - Mental Health Division
Subject: Purchase of Fixed Price Beds for Acute Inpatient Psychiatric Hospital Services
for Mentally-ill Children and Adolescents
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: COMMUNITY PSYCHIATRIC CENTER, INC. (for its Walnut Creek Hospital)
(hereinafter referred to as "Hospital")
Capacity: Nevada corporation Taxpayer ID #
Address: 175 La Casa Via, Walnut Creek, California 94598
3. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 50.000 . (Subject to Special Conditions Paragraph 6.)
4. Term. The effective date of this Contract is July 1. 1992 and it terminates
June 30. 1993 unless sooner terminated as provided herein.
5. County's Obligations. County shall make to the Hospital those payments described in the
Payment Provisions attached hereto which are incorporated herein by reference, subject
to all the terms and conditions contained or incorporated herein.
6. Hospital's Obligations. Hospital 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. Conditions. This Agreement is subject to the Conditions and Special Conditions (if any)
attached hereto, which are incorporated herein by reference.
8. Project. This Agreement implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Policy and Procedure Statement for Prohibiting the Inpatient Psychiatric Treatment of
Minors on the Same Treatment Wards as Adults, approved by the County Board of
Supervisors on February 14, 1989.
9. Legal Authority. This Agreement is entered into under and subject to the following
legal authorities: Welfare and Institutions Code Section 5751.7; and Government Code
Sections 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
C an/Designeeputy
HOSPITAL
By By % W
S�"
(Designate business capa 'ty) (Desi at business capa )
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A gust be
that of the president or vice-president and Signature E lust be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth an page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-573-1
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By
Designee
APPROVED: COUNTY ADMINISTRATOR
B f '
y C
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of c`,,-
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated: �C�GQ�4►ti�R+l �( -a-
[Notarial Seal]
lae��e+eeeasaria�sae�see� Z ��
OFFICIAL SEAL ota y Publ t eput County Clerk
TAMARA R. MOEN
NOTARY PUBUC-CALIFORNIA
CONTRA COSTA COUNTY
My Comm.fsP Oct.22, 1993 -2-
SERVICE PLAN
Number 24-573-1
Hospital shall only charge County for special, non-routine services and procedures under this
Hospital Agreement when Hospital is unable to recover the costs of said services from any
other source, such as private health insurance or Medi-Cal.
3. County's Obligations.
a. Authorization for Use of Fixed Price Beds. County's Mental Health Director, or his
designee, and County's Psychiatric Emergency Services (E Ward and Richmond Crisis) staff
shall refer and authorize child and adolescent patients for admission to Hospital under this
Hospital Agreement. Such authorization shall be in writing and shall be given in advance by
the designated County staff on an Authorization Form to be developed jointly by Hospital and
County. Hospital shall obtain a copy of the Authorization Form prior to admitting any
County-authorized patient to a fixed price bed under this Hospital Agreement.
b. Fixed Price Beds. Fees and Payments.
(1) Bed Rate and Covered Services. County shall pay Hospital for fixed-price beds
at the rate of $535.00 per patient per hospital day for authorized patients, including the
first day of admission but excluding the day of discharge from the Hospital. Said daily bed
rate covers all services rendered to the patient by Hospital staff, including ancillary
services, group or milieu therapies, and standard evaluation modalities. This rate does not
cover physician charges, psychological testing, history and physical examinations, or
non-routine diagnostic procedures or medical procedures. County will make its best efforts
to pay Hospital within 30 days after the end of the month in which Hospital's Payment Demand
is received by County.
(2) Admitting History and Physical Examination. County shall pay Hospital at the
rate of $110.00 for each History and Physical Examination specified in Paragraph 2.c, above.
Hospital shall include this service on its itemized Payment Demand set forth in Paragraph 2
of the Payment Provisions.
(3) Admission Screening and Processing_ Fee. County shall pay Hospital an
Admission Screening and Processing Fee of1S 00.00 per patient for each patient who is
admitted to a fixed price bed under this agreement.
(4) Psychiatrist Services. County shall provide the services of a psychiatrist
who is a member of Hospital's Medical Staff to serve as the attending physician and to
provide all needed psychiatric procedures and services for each patient admitted to a fixed
price bed under this Hospital Agreement. County will contract separately with psychiatrists
to provide these services. Such psychiatrists are subject to approval by Hospital's Medical
Director prior to County's entering into a contract for the provision of such services.
Initials:
H 'spial County Dept.
3
SPECIAL CONDITIONS
Number 24-573-1
b. County shall continue to pay Contractor in accordance with Paragraph 3.b.
of the Service Plan, subject to the six-month Payment Limit specified above.
C. Contractor shall continue to provide services as set forth in the Service
Plan, subject to any amendments thereto.
d. This six-month contract extension shall be subject to any further agreement
(novation) which Contractor and County may enter into covering the provision of services
during the contract period immediately following the contract period specified in Paragraph
4. (Term) , in accordance with Contra Costa County's current revision of the project specified
in Paragraph 8. (Project) .
8. Indemnification. General Conditions Paragraph 18. (Indemnification) is hereby deleted
and replaced with the following paragraph:
"18. Indemnification.
a. The Hospital 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 Hospital hereunder, resulting from the
conduct, negligent or otherwise, of the Hospital, its agents or employees.
b. The County shall defend, save harmless and indemnify the Hospital 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 County, resulting from the conduct,
negligent or otherwise, of the County or its employees."
Initials
3 Contractor County Dept.
Contra Costa County Standard Form 1/87
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, including nondiscrimination.
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.
a. Retention of Records. The Contractor shall retain all documents pertaining
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.
b. 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 subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract 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 County, 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
thereunder.
This special condition is in addition to any and all other terms regarding the maintenance
or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to' County in
accordance with this Contract, a separate section listing 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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 reasonable 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 conditions agreed upon
by the parties. Except as expressly provided herein, no other understanding, 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 specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, 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 required 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.
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 concerning 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal 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 and Laws. Should Federal or State
regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be deemed 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 therefor, 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 Assi ent. This Contract binds the heirs, successors, 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 construed to create the relationship
between the parties of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not make, participate in making, or in any way attempt to use the
position afforded them by this Contract to influence any governmental decision in which he
or she knows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
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 the Special Conditions:
a. Liabilitv Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum combined
single limit coverage of $500,000 for all damages, 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 insureds
as to all services performed by Contractor under this agreement. 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.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's 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
coveiage 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 provided by the
Contractor shall include a provision for thirty (30) days written notice to County before
cancellation or material changes of the above specified coverage.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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 shall be the date of deposit in the mails or of other delivery,
except that 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. Primacv 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 contract 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 improvements, 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 Section 107) , such
interest or improvements 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 Section 107.6, and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services
under this Contact may provide some aid or assistance to members of the County's population,
it is not the intention of either the County or Contractor that such individuals occupy the
position of intended third-party beneficiaries of the obligations assumed by either party
to this Contract.
25. Cogvrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the
express written consent of the County Administrator. If any material is subject to
copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others to do so.
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