HomeMy WebLinkAboutMINUTES - 08081995 - C76 soAq d, '7�
TO: BOARD OF SUPERVISORS r
FROM:- ' Mark Finucane, Health Services Director Contra
Costa
DATE: July 27, 1995 County
SUBJECT: Approve Life Support Residential Care Placement Agreement #24-368-14 with Jean
Michaelides (dba Concord Blvd Home)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
A. Approve and authorize the Health Services Director or his designee (Lorna
Bastian) to execute on behalf of the County, Life Support Residential Care
Placement Agreement #24-368-14 with Jean Michaelides (dba Concord Blvd Home) ,
effective June 20, 1995 through June 30, 1995, to provide residential care for
mentally disordered offenders under the County's 'Conditional Release Program
(CONREP) . This document includes an automatic six-month extension for the
period from July 1, 1995 through December 31, 1995.
B. Approve the following rate for specialized room, board, care and supervision
provided under this Agreement:
$30.33 per client per day, (comprised of $24.33 per day for basic life
support residential care plus $6.00 per day for supplemental residential
care services) .
II. FINANCIAL IMPACT:
This Agreement is totally State-funded under County's Standard Agreement #29-441-14
with the State Department of Mental Health for the Conditional Release Program. No
County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
County Standard Agreement #29-441-14 with the State Department of Mental Health
provides for State funding of County Mental Health services for certain patients
returning to the community from the State Hospital system, pursuant to Section 1604
of the Penal Code.
This Program, known as the Conditional Release Program, or CONREP, is totally State-
fur)ded and allows the County to use a portion of these funds to pay the cost of
specialized room, board, care and supervision for certain program clients who might
otherwise require some other form of public assistance.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA D COMMITTEE
APPROVE OTHER
SIGNATURE(S)
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ACTION OF BOARD ON S APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_ZUNANIMOUS (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
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Lorna Bastian (313-6411)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,a rk of the Roarb of
Auditor-Controller Supervisors and County Administratm
Contractor. n
M3e217-98 BY DEPUTY
LIFE SUPPORT RESIDENTIAL CARE PLACEMENT AGREEMENT
Number: 24-368-14
1. Agreement Identification.
Department: Health Services (Mental Health Division)
Subject: Life Support Residential Care for Eligible Clients under
County's CONREP Program
2. Parties. The County of Contra Costa, California (County) , for its
Department named above, and the following named Facility Operator
(Contractor) of a licensed residential care (non-medical) facility
mutually agree and promise as follows:
Facility Operator: an Michaelides (dba Concord Blvd Home)
Capacity: "Dyed individual Social Security # 251-58-6852
Facility License Number: 075600016 License Expiration Date: 12/8/96
Licensed Name and Address of Facility (ies):
Concord Blvd Home
3112 Concord Blvd, Concord, California 94519
3. Term. The effective date of this Agreement is June 20. 1995 , and
it terminates June 30, 1995 , unless sooner terminated as provided
herein.
4. Termination. This Agreement may be terminated by either party, at its sole
discretion, upon fifteen-day advance written .notice thereof to the
other, or canceled immediately by written mutual consent.
5. Independent Contractor Status. This Agreeme t is by and between two
independent contractors and is not intended t d shall not be construed
to create the relationship of agent, servant yee, partnership, joint
venture, or association.
6. Indemnification. The Facility Operator 'all 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 Facility Operator hereunder, resulting
from the conduct, negligent or otherwise, of the Facility Operator, its
agents or employees. County assumes no liability for injury or damages
arising from acts of clients placed with the Facility Operator hereunder.
7. Service Provisions. Facility Operator shall comply with the attached
Service Provisions which are incorporated herein by reference.
8. Proiect. This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference: Standard Agreement No. 94-74101 (County
No. 29-441-14) executed by the State Department of Mental Health and
Contra Costa County (Health Services Department, Mental Health Division)
for a Conditional Release Program (CONREP) and approved by the County
Board of Supervisors on September 13, 1994; and any modifications or
revisions thereof.
9. Legal Authority. This Agreement is entered into under and subject to the
following legal authorities: California Government Code Section 26227
and 31000, and California Welfare and Institutions Code Sections 5709.8.
10. Sian tea ures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA RESIDENTIAL CARE FACILITY OPERATOR
By By
Designee
Facility Operator
Official Capacity Designate Official Capacity
Date:
Print Name of Facility operator
(Form approved by County Counsel) Date:
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SERVICE PROVISIONS
(CONREP Service Program)
1. County Obligations. In consideration of the Facility Operator's provision
of services as described herein, County shall make monthly payments, as
determined below, to Facility Operator upon its submission of a properly
documented, and Department approved, County Demand Form •D-15.
a. County's payment to Facility Operator for room, board, and care and
supervision provided hereunder shall not exceed:
$ 30.33 Per day per client from June 20, 1995 to June 30,
1995 (comprised of $24.33 per day for basic life support
residential care plus $6.00 per day for supplemental
residential care services) ; $6.00 per day supplemental rate
will only be paid upon completed and approved form MH 1731.
b. Payment shall be determined by each client's aid status as follows:
(1) If the client is not receiving income or aid of any kind,
County's payment shall be the full: $30.33 per day for the
period June 20, 1995 to June 30, 1995, (upon completion and
approval of form MH 1731) .
(2) If the client is receiving income or aid of any kind, County's
payment shall be reduced accordingly. As determined by the
County's Conditional Release Program Administrator, the amount
due to the Facility Operator for the care of a client in any
calendar month shall be reduced by all income or aid received
by the client during such calendar month.
C. In determining the number of days for which payment is to be made,
all days comprising each client's actual length of stay in the
facility, including the first and last day of the client's stay,
shall be included.
2. Payment Limitations. Payments hereunder are limited as follows:
a. County shall only make payments under this Agreement for clients who
are placed by County for care in Facility Operator's residential
facility and for whom County has on file a Form SSP 16
(Authorization for Reimbursement for Interim Assistance Granted
While SSI/SSP is Pending) , which has been signed by the client or by
the client's legal representative. This requirement for a form SSP
16 will not apply in cases where a client, at the time of placement,
is already receiving SST/SSP funds which are being applied to the
costs of these services.
b. County may deduct from any monthly payment (Demand Form D-15) the
amount of any unauthorized payment or overpayment that may have been
made to Facility Operator in any prior month.
3. Contractor's obligations. Contractor shall pay the following amounts to
each client for incidental expenses and personal needs (such as cigarettes and
toiletry articles) :
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3.75 per day to each client.
Contract shall keep a record of all such Client Personal Needs Payments and shall
provide County with a copy of this Client Personal Needs Payment Record upon
request.
4. Services. Facility Operator shall provide basic life support room and
board and twenty-four hour emergency residential care and specialized supervision
as specified in the State regulations under which the Facility is licensed, for
eligible clients who are specifically referred to Facility Operator by County's
Conditional Release Program (CONREP) staff, subject to space limitations.
Facility Operator hereby assures and certifies that he/she is specially trained,
experienced, expert, competent, and licensed to perform such services. Facility
Operator shall:
a. Provide basic residential care services consisting of regular room
and board services, residential care, and standard supervision which
is provided to all clients residing in Contractor's facility, as
required by Contractor's facility license.
b. Provide supplemental care and supervision specialized for CONREP
clients (who are released to outpatient status under California
Penal Code Sec. 1604) , consisting of additional client monitoring,
supervision of prescribed medications, frequent contact and
consultation with County's CONREP staff regarding each client's
behavior and condition, and payment of Client Personal Needs
Payments as set forth in Paragraph 4. above.
C. Orally notify County's CONREP staff whenever a client begins or ends
care in the residential facility under this Agreement.
d. Submit to County a monthly invoice showing for each calendar month
which clients were receiving residential care under this Agreement
and the last day of actual care for any client who has left the
facility during the month.
5. Confidentialitv. Facility Operator 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 Agreement, their records, or services
provided them, and assures that:
a. All applications and records concerning any individual made or kept
by Facility Operator or any public officer or agency in connection
with the administration of or relating to services provided under
this Agreement 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.
Facility Operator 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.
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6. Nondiscriminatory Services. Facility Operator_ agrees that all goods and
services under this Agreement shall be available to all qualified persons
regardless of age, sex, race, religion, color, national origin, ancestry or
ethnic background, or handicap, and that none shall be used, in whole or in part,
for religious worship or instruction.
7. 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 hereunder, including but not limited to, licensing, employment and
purchasing practices, wages, hours and conditions of employment.
8. 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.
9. Entire Agreement. This Contract contains all the terms and conditions
agreed upon by the parties. Except as expressly provided 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
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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
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 maintenance or retention of records under this
Contract and is binding on the heirs, successors, assigns and
representatives of Contractor.
15. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated by either party pursuant to
Paragraph 4. (Termination) prior to June 30, 1995, the term of this Contract
shall be automatically extended from June 30, 1995 through December 31, 1995.
During its extended term, this contract is nevertheless subject to all the terms
and conditions applicable during its initial term including but not limited to
Paragraph 4 (Termination) , except as to payment for services rendered during the
extended term. The purpose of this automatic six-month extension is to allow for
continuation of services as specified in this Contract, to avoid interruption of
payment to Contractor, and to allow County time in which to complete a novation
or renewal contract for Contractor and County Board of Supervisors approval. As
to any such six-month extension:
a. County shall continue to pay Contractor as set forth in Service
Provisions Paragraph 1 (County Obligations) above, subject to any
changes in the fee rates (also known as the "Net Cost Per Unit of
Service") that may be established by the State in its Fiscal Year
1995-96 renewal of the Contract specified in Contract Paragraph 8.
(Project) .
b. Contractor shall continue to provide services as set forth in this
Agreement, subject to any amendments thereto.
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C. 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 3
(Term) , in accordance with Contra Costa County's Standard Agreement
with the State Department of Mental Health for the Conditional
Release Program in the 1995-96 fiscal year.
16. Third-Party Payment Liability. Contractor shall be solely responsible for
any payments due from Contractor to third parties or for any liabilities,
obligations, or commitments of Contractor arising from Contractor's performance
of this Contract, including, but not limited to, any payments that Contractor may
owe to contractors or other suppliers for goods and services received by
Contractor. In no event shall County be responsible for any payments due from
Contractor to third parties or for any liabilities, obligations, or commitments
of Contractor arising from Contractor's performance of this Contract.
17. Amendments. This Agreement, may be amended in order to change the facility
name(s) or address(es) or to change the payment rates (as authorized by the State
of California) by a written document executed by the Facility Operator and the
County Board of Supervisors or, after Board approval, by this designee.
18. Additional Provisions.
a. Contractor understands that no Federal or State income tax will be
withheld from the payments under this Contract. However, the County
may be required to report all payments to the Internal Revenue
Service for tax purposes. No distinction of fee, travel, or per
diem will be made. No wage and tax statement (W-2) will be issued
for the services performed under this Contract.
b. Contractor understands that the products and staff services that it
provides in fulfillment of the requirements of this Contract will be
evaluated by the State. (Public Contract Code Section 10370) .
C. Contractor agrees that the State and County retain title to all
patient case records, patient related reports, and any documentation
which pertains to patient services.
d. The State and County reserve the right to use and reproduce all
reports and data produced and delivered pursuant to this Contract,
and reserves the right to authorize others to use or reproduce such
materials.
e. Contractor agrees to maintain books, records, documents, and other
evidence necessary to support Contractor's claims for reimbursement
under this Contract. (SAM 1272)
f. During the performance of this Contract, Contractor and its
subcontractors shall not lawfully discriminate against any employee
or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, medical condition,
marital status, age (over 40) , or sex. Contractor and its
subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900 et seq. )
and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq. ) . The applicable
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regulations of the Fair Employment Housing Commission implementing
Government Code Section 12290, set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations are incorporated
into this Contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement.
Contractor shall include the nondiscrimination and compliance
provisions of this clauses in all subcontracts to perform under this
Contract. (SAM 1204.5)
19. Penalty for Late Submission of Payment Demand. When Contractor fails to
submit to County a proper demand for payment as specified in Service Provisions
Paragraph 1. (County Obligations) above, within 30 days of the end of the month
in which the contract services upon which the demand is based are actually
rendered and as a result of Contractor's late submission the County is unable to
obtain reimbursement from the State of California or otherwise; to the extent the
County's recovery of funding is prejudiced, County shall not pay Contractor for
such services, even though such services were fully provided.
20. Endorsements. Contractor shall not in its capacity as a contractor with
Contra Costa County publicly endorse or oppose the use of any particular brand
name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not publicly
attribute qualities or lack of qualities to a particular brand name or commercial
product in the absence of a well-established and widely accepted scientific basis
for such claims or without the prior approval of the Board of Supervisors. In
its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name
or commercial product, even if Contractor is not publicly endorsing a product,
as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa
County. Notwithstanding the foregoing, Contractor may express its views on
products to other contractors, the Board of Supervisors, County officers, or
others who may be authorized by the Board of Supervisors or by law to receive
such views.
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