HomeMy WebLinkAboutMINUTES - 11081994 - 1.78 TO: BOARD OF SUPERVISORS �i'
FROM: Mark Finucane, Health Services Director . Contra
By: Elizabeth A. Spooner, Contracts Administrato Costa
DATE: October 27, 1994 County
SUBJECT: Approval of Agreement #26-151-10 with the Regents of the University
of California (U.C. Davis School of Medicine Neurology Department)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the the Health Services Director or his designee
(Frank Puglisi) to execute on behalf of the County, Agreement #26-151-
10 (University #94-05873V) with the Regents of the University of
California (U.C. Davis School of Medicine Neurology Department) , for
the period from October 1, 1994 through September 30, 1997, with a
three-year Payment Limit of $1, 057,836, for provision of professional
neurology and neuropsychology services at Merrithew Memorial Hospital
and Clinics.
II. FINANCIAL IMPACT:
Funding for this Agreement is included in the Department' s Enterprise
I Budget.
The services provided under this agreement are billable to patients
and appropriate third party payors, and the actual cost depends upon
utilization.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Since 1986, the County has been contracting with U.C. Davis for
professional neurology and neuropsychology services. The services
under this Contract are provided to County' s inpatients and
outpatients at Merrithew Memorial Hospital and Clinics by physicians
who are U.C. Davis School of Medicine faculty members.
Approval of Agreement #26-151-10 will provide for continuation of
these services through September 30, 1997.
CONTINUED ON ATTACHMENT: YES SIGNATURE:,
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT IO OF BOARD CO MITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 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
Contact: Frank Puglisi (370-5100)
OF SUPERVISORS ON THE DATE SHOWN.
Nov8
CC: Health Services (Contracts) ATTESTED D
Risk Management Phil Batchelor,Wk of the Board of .
Auditor—Controller Swervisors and County Administrator
Contractor
M382/7-83.. BY —��o , DEPUTY
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V 26 - 151 - 1.0
Agreement No. 94-05873V
AGREEMENT TO PROVIDE NEUROLOGY SERVICES
THIS AGREEMENT is entered into on the day of 1994, by
and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a constitutional corporation
under Article IX, Section 9 of the Calif is Constitution (hereinafter "University") ,
acting for and on behalf of its Dav" campus School of Medicine Neurology Department
("School") and the COUNTY OF CO COSTA, a political subdivision of the State of
California (hereinafter " •u ") on behalf of its Merrithew Memorial Hospital
(hereinafter "MMH") .
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R E C I T A L S
WHEREAS, a County wishes to obtain professional neurologic and
neuropsychol c services (hereinafter "Services") in the care of patients treated
at County's MMH and Clinics; and,
WHEREAS, the University through its School desires to provide and is fully
qualified to provide such Services to County; and,
WHEREAS, because the University's School has a continuing need to provide
instruction to School's students and residents through the provision of care to a wide
variety of patients, the University has determined that provision of such Services
to County fulfills the University's mission of teaching, research, public service,
and patient care;
NOW, THEREFORE, the parties agree as follows:
A. University shall provide the following throughout th term of this Agreement:
1. University shall provide to Countunty's MMH and Clinics the
Services listed in Exhibit A attar hereto and by this reference
incorporated herein, at the times sp ified in Exhibit A, such Services
to be provided by School's staff 1' ted in Exhibit B attached hereto and
by the reference incorporated erein, or by such other qualified,
licensed School staff as U versify in its sole determination may
designate from time to tim .
2. University hereby certifies that any physician providing Services under
this agreement shall:
a. Become a member of MMH's Medical Staff, and abide by the bylaws,
rules and regulations of that staff, copies of which bylaws, rules
and regulations shall be provided to University upon execution of
this agreement.
b. Perform his/her professional duties to the best of his/her ability,
in accordance with the highest scientific, professional and ethical
standards of his/her profession, and in accordance with currently
approved methods and practices in the fields of neurology and
neuropsychology.
C. Comply with all applicable government, agency and MMH laws, rules
or regulations.
d. Comply with the requirements of all appropriate accrediting bodies,
such as the Joint Commission on Hospital Accreditation (JCAH) and
the American Medical Association.
3. University warrants it shall provide at its own cost, professional
liability insurance or self-insurance for all its physicians providing
Services pursuant to this agreement in the minimum amount of One Million
($1,000,000) Dollars per occurrence and Three Million ($3,000,000)
Dollars aggregate per year. Such coverage shall apply only to University
physicians, only while performing Services under this agreement.
B. County shall provide the following throughout the term of this agreement:
1. Use of one office for University's Neurology and Neuropsychology Service
faculty.
2. Administrative and clerical support appropriate for the professional
provision of Neurology and Neuropsychology Services. Such clerical
support shall include but not necessarily be limited to clerical support
to cover scheduling, reporting and taking of messages.
3. All facilities, _ nursing and technical personnel, supplies, services and
equipment necessary for the provision of professional Neurology and
Neuropsychology Services.
4. Payment for University's professional services provided under this
agreementin monthly installments as follows: Twenty-Eight Thousand Five
Hundred Twenty Dollars ($28,520) per month for the period October 1, 1994
through September 30, 1995; Twenty-Nine Thousand Three Hundred Seventy-
Six Dollars ($29,376) per month for the period October 1, 1995 through
September 30, 1996; Thirty Thousand Two Hundred Fifty-Seven Dollars
($30,257) per month for the period October 1, 1996 through September 30,
1997; the total amount not to exceed One Million Fifty-Seven Thousand
Eight Hundred Thirty-Six Dollars ($1,057,836) for the term of this
agreement. Payment is to be made by check payable to The Regents of the
University of California, monthly during the term of the agreement. Such
payments shall be mailed to the UCD School of Medicine, Office of
Finance, Fiscal Management Division, MS-1C, University of California,
Davis, California 95616.
5. County .on behalf of MMH warrants it shall maintain for purposes of this
agreement throughout the term hereof, policies of insurance issued by
insurance companies licensed to do business in the State of California,
or shall self-insure, in the amount of not less than One Million
($1,000,000) Dollars for each claim and Three Million ($3,000,000)
Dollars aggregate per year, and shall also maintain comprehensive general
liability and other such insurance or self-insurance as shall be
necessary to insure MMH and its employees and agents against claims for
damages arising by reason of personal injuries or death occasioned
directly or indirectly in connection with its performance hereunder, the
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use of any property and facilities provided by MMH or its employees or
agents, and activities performed by MMH or its employees or agents in
connection with this agreement.
6. County warrants MMH is currently, and for the duration of this agreement
shall remain, licensed as a general acute care hospital in accordance
with the licensing provisions of the California Health and Safety Code
(division 2, chapter 2, sections 1250 et seq. ) and that it is accredited
by and shall maintain its accreditation by the JCAH.
7. County warrants MMH shall, during the term of this agreement, comply with
those laws and regulations which are applicable to the operation of a
general acute care hospital.
C. General
1. Indemnification. The parties agree to defend, indemnify and hold each
other, their officers, agents, employees or students, harmless from and
against any and all liability, loss, expense, including reasonable
attorneys' fees, or claims for injury or damages arising out of either
party's performance of this Agreement, but only in proportion to and to
the extent such liability, loss, expense, attorneys' fees, or claims for
injury or damages are caused by or result from the negligent or
intentional acts or omissions of the indemnifying party, its officers,
agents, employees or students.
2. Term. This agreement shall be effective beginning October 1, 1994 and
ending September 30, 1997, may be terminated without cause by either
party upon ninety (90) days' written notice to -the other, and may be
renewed for additional one-year periods upon the mutual agreement of the
parties.
3. Effect of Termination. Termination or expiration of this agreement shall
not affect any rights or obligations of the parties accrued or incurred
prior to the date of termination.
4. Independent Relationship. Nothing in this agreement is intended to
create nor shall it be deemed or construed to create any relationship
between the parties hereto other than that of independent entities
contracting with each other hereunder solely for the purpose of affecting
the provisions of this agreement.. Neither of the parties hereto, nor any
of their respective officers, directors or employees shall be construed
to be the agent, employee or representative of the other.
5. Participation in Alternative Arrangements. Nothing in this agreement
shall be construed as limiting the rights of either party to contract
with the other institutions on a limited or general basis.
6. Modification. No waiver, modification, or addition to this agreement
shall be binding unless expressed in writing and signed by both parties.
7. Notice. Any notice required or permitted under this agreement shall be
effective only if given in writing and delivered by one party to the
other by personal service or by deposit in the U.S. mail, postage
prepaid, addressed to the parties as follows:
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To University: . Office of Administration
University of California
Davis, California 95616-8540
With a copy to: Department of Neurology
School of Medicine
University of California
Davis, California 95616-8647
To County: Medical Director
Merrithew Memorial Hospital
2500 Alhambra Avenue
Martinez, California 94553
8. Assignment. Neither party may assign their rights, duties or obligations
under this agreement, either in whole or in part, without the prior
written consent of the other.
9. Non-Discrimination. The parties certify that their performance under
this agreement shall be without discrimination as to color, sex, age,
religion, national origin or ancestry, or physical or mental handicap.
10. Entire Agreement. This agreement constitutes the entire understanding
of the parties with respect to the subject matter hereof and supersedes
any prior understanding between them, whether oral or..written, respecting
the same subject matter.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date
first above written.
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA COUNTY
ByL2 By
V0 Clare i w.ael i w
Title Bu6nes-s Contmcts OfiCer Title
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Agreement No. 94-05873V
Exhibit A
SERVICES
1. Twenty-four (24) hour/day, seven (7) day/week on call coverage for Neurology
consultations.
2. One General Neurology Outpatient Clinic/week at MMH.
3. One Neurology Outpatient Clinic/every other week at County's Pittsburg,
California Clinic.
4. One Neurology Outpatient Clinic/every other week at County's Richmond,
California Clinic.
5. Professional advice and consultation on direction/operation of
Electroencephalogram (EEG) Laboratory.
6. Interpret all MMH and Clinic EEG's/year.
7. Perform and interpret Electromyogram (EMG) studies as requested.
8. Provide Inpatient Consultation Service as needed.
9. Provide all inpatient and outpatient neuropsychological evaluations needed by
MMH patients on an as-needed basis.
10. One General Neurology and Epilepsy Clinic/week at MMH.
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Agreement No. 94-058.73V
Exhibit B
PROFESSIONAL STAFF
Michael P. Remler, M.D. .
Professor in Residence
Robert T. Knight, M.D.
Associate Professor in Residence
Tsutomu Nakada, M.D.
Associate Professor in Residence
Ingrid L. Kwee, M.D.
Assistant Professor in Residence
William J. Jagust, M.D.
Assistant Professor in Residence
Dennis J. Beckley, M.D.
Assistant Clinical Professor
David L. Woods, Ph.D.
Clinical Neurophysiologist
Associate Adjunct Professor Neurology
Eun-Kyu Lee, M.D..
Assistant Professor
Robert Rafal, M.D.
Associate Professor in Residence
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