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HomeMy WebLinkAboutMINUTES - 07131993 - 1.1 (3) TO: BOARD OF SUPERVISORS } FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts Administrato Costa DATE: July 1, 1993 40 County SUBJECT: Approval of Agreement #26-162-9 with the Regents of the University of California (U.C. Davis School of Internal Medicine Department) for Professional Oncology Services 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, Agreement #26-162-9 (University 93-03684V) with the Regents of the University of California (U.C. Davis School of Internal Medicine Department) , for the period from July 1, 1993 through June 30, 1994, with a payment limit of $80, 000, for provision of professional oncology services at Merrithew Memorial Hospital and Clinics. II. FINANCIAL IMPACT: Funding for this Agreement is included in the Department's Fiscal Year 1993-94 Enterprise I Budget. The services provided under this agreement are billable to patients and appropriate third party payors. III. REASONS FOR RECOMMENDATIONSIBACKGROUND: For the past several years, the Board of Supervisors has approved contracts with the Regents of the University of California (U.C. Davis School of Medicine) for professional services in several medical specialties. Services 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. The County has been contracting with the University for professional oncology services continuously since 1989. Approval of Agreement #26-162-9 will allow these services to continue through Fiscal Year 1993-94. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD CO MITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON 7777 APPROVED AS RECOMMENDED 2< OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: _12Z 'X,S 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: Frank Puglisi (370-5100) CC: Health Services (Contracts) ATTESTED Risk Management Phil Ba elor,OeA of the Board of . Auditor-Controller Supervisors and CountyAdminis!ra.tor I Contractor M382/7-83 BY �� DEPUTY Agreement No. 93-03684V AGREEMENT TO PROVIDE ONCOLOGY SERVICES 26 1 6 2 THIS AGREEMENT is entered into on the first day of July, 1993, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a constitutional corporation under Article IX, Section 9 of the California Constitution (hereinafter "University") , acting for and on behalf of its Davis campus School of Internal Medicine Department ("School") and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter "County") on behalf of its Merrithew Memorial Hospital (hereinafter "MMH") . R E C I T A L S : WHEREAS, the County wishes to obtain professional oncology services (hereinafter "Services") in the care of patients treated at County's MMH and Clinics' and, WHEREAS, the County wishes to obtain professional oncology 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 THE ' TERM OF THIS AGREEMENT• 1. University shall provide to County at County's MMH and Clinics the Services listed in Exhibit A attached hereto and by this reference incorporated herein, at the times specified in Exhibit A, such Services to be provided by such qualified licensed School staff as University in its sole determination may designate from time to time. 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 to 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 field of .oncology. 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 Medical and Hospital Liability insurance or self-insurance for all its physicians, providing Services pursuant to this agreement with minimum amounts as follows: a. (1) Each Occurrence $1,000,000 (2) Products, Completed Operations Aggregate $1,000,000 (3) Personal and Advertising Injury $1,000,000 (4) General Aggregate (Bodily Injury, Property Damage) $5,000,000 If such insurance is written on a claims made form, following termination of the Agreement, coverage shall survive for the maximum reporting period available from insurance sources. Coverage shall also provide for a retroactive date of placement prior to or coinciding with the effective date of the Agreement. b. Workers' Compensation: as required under California State Law. C. Such other insurance in such amounts which from time to time may reasonably be required by the mutual consent of the University and County against other insurable hazards relating to performance. B. COUNTY SHALL PROVIDE THE FOLLOWING THROUGHOUT THE TERM OF THIS AGREEMENT: 1. Use of one office for University's Oncology Service faculty. 2. Administrative and clerical support appropriate for the professional provision of Oncology Services, such support to include but not necessarily be limited to clerical support to cover scheduled, reporting and taking of messages. .3. All facilities, nursing and technical personnel, supplies, services and equipment necessary for the provision of professional Oncology Services. Minimally, a nurse trained in the administration of chemotherapy agents must be made available for clinics, (can be trained free of cost by the VAMC Oncology nurse Specialist) . The services of an oncology pharmacist shall be provided to insure quality control in the administration of chemotherapy. 7. 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, sections 1250 et seq. ) and that it is accredited by and shall maintain its accreditation by the JCAH. 8. 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. The parties agree to indemnify, defend and hold one another, their officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the 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, employees or agents. 2. Term: This agreement shall be effective beginning July 1, 1993 and ending June 30, 1995 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: I 4. A clear directive for referral of radiation therapy patients shall be established and maintained. 5. University shall invoice County monthly for University's professional services provided under this Agreement in the amount of Six Thousand, Six Hundred Sixty-six and 67/100 Dollars ($6,666.67) , not to exceed Eighty Thousand Dollars ($80,000) per year. Such payments shall be made monthly by check payable to The Regents of the University of California and mailed to University of California, Davis, File No. 41069, San Francisco, CA 94160-1069. 6. 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, for Professional, Medical and Hospital Liability, with minimum liabilities as follows: a. (1) Each Occurrence $1,000,000 (2) Products, Completed Operations Aggregate $1,000,000 (3) Personal and Advertising Injury $1,000,000 (4) General Aggregate (Bodily Injury, Property Damage) $5,000,000 If such insurance is written on a claims made form, following termination of.the Agreement, coverage shall survive for the maximum reporting period available from insurance sources. Coverage shall also provide for a retroactive date of placement prior to or coinciding with the effective date of the Agreement. b. General Liability: Comprehensive or Commercial Form (MINIMUM LIMITS) (1) Each Occurrence $ 500,000 (2) Products Completed Operations Aggregate $5,000,000 (3) Personal and Advertising Injury $1,000,000 (4) General Aggregate* $5,000,000 *(not applicable to comprehensive form) However, if such insurance is written on a claims made form following termination of the Agreement, coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement prior to or coinciding with the effective date of the Agreement. C. Workers' Compensation: as required under California State Law. d. Such other insurance in such amounts which from time to time may reasonably be required by the mutual consent of the University and County against other insurable hazards relating to performance. To University: Office of Administration University of California Davis, CA 95616-8540 With a Copy to: Department of Internal Medicine School of Medicine University of California Davis, CA 95616 and Medical Service VA Medical Center 150 Muir Road Martinez, CA 94553 To County: Medical Director Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 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 COUNTY UNIVER CALIFO IA BY: VTP BY:� ic ar i ez .-.-. Associate Vice-Chancellor Chair. Board of Supervisors TITLE: --Business Affairs TITLE: I Exhibit A Agreement No. 93-03684V SERVICES 1. Twenty-four (24) hour/day, seven (7) day/week on call coverage for Hematology/Oncology telephone consultations. 2. One faculty member and an Oncology Fellow to run one Oncology Outpatient Clinic/week at MMH (Thursday mornings) . 3. Weekly inpatient Oncology consultations (Thursday mornings) . 4. Provide Emergency Inpatient Consultation Service on a limited basis. 5. Weekly participation in a Multi-Disciplinary Tumor Board by one or two staff physicians and an Oncology Fellow. 6. Periodic core Lectures or Special Presentations in Hematology/Oncology. 7. Bone marrow reviews. 8. Coagulation consult coverage. 9. Weekly inpatient Hematology consultation coverage (Thursday mornings) . 10. Hematology clinic coverage concurrent with Oncology Clinic (Thursday mornings) . 11. Medical Oncologist participation on Cancer Committee.