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HomeMy WebLinkAboutMINUTES - 12131988 - 1.47 1-T04 TO BOARD OF SUPERVISORS Mark Finucane , Health Services Director F.RCM : ! By : Elizabeth A. Spooner , Contracts Administrator Contra Costa DATE: December 1,. 1988 County Approval of Life Support Residential Care Placement Novation SUBJECT: Agreement #24-368-6 (1 ) with Minnie Cannon for Conditional Release (CONREP) Program SPECIFIC REOUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION : 1 . Approve and authorize the Health Services Director or his designee (Gale Bataille) , to execute on behalf of the County, one standard form Life Support Residential Care Placement Novation Agreement #24-368-6( 1 ) effective July 1 , 1988 through June 30 , 1989 with an automatic six,-month extension from July 1 , 1989 through December 31 , 1989 with Minnie Cannon (dba Minnie ' s Guest Home) to provide residential care for mentally disordered offenders under the County ' s Conditional Release Program (CONREP ) . 2 . Approve the following rate for specialized room, board , care and supervision provided through this novation agreement : $27 .07 per client per day ( comprised of $21 .07 per day for basic life support residential care plus $6 .00 per day for supplemental residential care services ) . II . FINANCIAL IMPACT : This Novation Agreement is totally State-funded under the County ' s Standard Agreement #29-441-4 with the State Department of Mental Health for the Conditional Release Program (CONREP) . No County funds are required . III . REASONS FOR RECOMMENDATIONS/BACKGROUND : County Standard Agreement #29-441-4 with the State Department of Mental Health provides 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 , or CONREP , Program is totally State-funded 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: _X_ YES SIGNATURE; RECOMMENDATION OF COUNTY ADMINISTRATOR _. RECOMMENDA IO OF BOAR OMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON nFfF f'. 1 1 it _ APPROVED AS RECOMMENDED _ _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES;_ NOES'. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED DEC 13 1988 Risk Management PHIL BATCHELOR. CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Contractor ©Y v ,DEPUTY M382/7-83 Life Support Residential Care Placement Agreement 424-368-6 ( 1 ) PAGE 2 This contract has been submitted to the Contractor for signature . This document 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 ) . GLM 1-04 i- LIFE SUPPORT RESIDENTIAL CARE PLACEMENT AGREEMENT Novation Agreement I. Agreement Identification. Number: 24-368-6 (1) Department: Health Services (Alcohol/Drug Abuse/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 Operator (Contractor) of a licensed residential care (non-medical) facility mutually agree and promise as follows: Facility Operator: Minnie Cannon (dba Minnie's Guest Home) Capacity: Self-employed individual Social Security # 562-58-9567 Facility License Number: 071406571 Expiration Date: 3/6/89 Licensed Name and Address of Facility(ies) : Minnie's Guest Home 2555 Moyers !Road, Richmond, California 94806 3. Term. The effective date of this Agreement . is July 1, 1988 , and it terminates June 30, 1989 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 can- celled immediately by written mutual consent . 5. Independent Contractor Status. This Agreement 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 asso- ciation. 6. Indemnification. The Facility Operator 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 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 (Contractor) shall comply with' the attached Service, Provisions which are incorporated into this Agreement (Contract) by reference. 8. Project. 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. 88-79193 (County No. 29-441-4) executed by the State Department of Mental Health and Contra Costa County (Health Services Department , A/DA/MHDivision) for a Conditional Release Program (CONREP) and approved by the Contra Costa County Board of Supervisors on December 6, 1988; 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 Sections 26227 and 31000, and California Welfare and Institutions Code Section 5709.8. 10. Signatures . These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA RESIDENTIAL CARE FACILITY OPERATOR By By Designee _ Self-employed individual Official Capacity Designate Official Capacity Date: Minnie Cannon Print or Type Name of Facility Operator Date: SERVICE PROVISIONS (CONREP Service Program) 1. Novation. The parties having entered into a prior Contract 4124-368-6 for the period from April 1 , 1988 through June 30, 1988 (which contained provision for an automatic six-month contract extension for the period from July 1, 1988 through December 31, 1988), County and Contractor hereby agree to substitute this 1988-89 fiscal year Contract 4124-368-6(1) for the aforesaid six-month automatic contract exten- sion. Effective July 1, 1988, all contract rights and obligations of the parties will be governed by this 1988-89 fiscal year Contract 4124-368-6(1). 2. 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 (Contractor) 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 $27.07 per day per client (comprised of $21.07 per day for basic life support residential care plus $6.00 per day for supple- mental residential care services) . 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 $27.07 per day as set forth above. (2) If the client is receiving income or aid of any kind, County's payment shall be reduced accordingly. As determined by 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. 3. 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 SSI/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. 4. Contractor's Obligations. Contractor shall pay the following amounts to each client for incidental ''expenses and personal needs (such as cigarettes and toiletry articles) : $3.75 per day to each client . Contractor 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. 5. Services . Facility Operator (Contractor) shall provide basic life support room and board and twenty-four hour emergency residential care and specialized super- vision 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. -1- SERVICE PROVISIONS (CONREP Service Program) b. Provide supplemental care and supervision specialized for CONREP clients (who are released to outpatient status under California Penal Code Set. 1604), con- sisting of additional client monitoring, supervision of prescribed medications, fre- quent 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 in advance, of the date of any Facility-required client discharge. d. Orally inform County's CONREP staff whenever a client begins or ends care in the residential facility under this Agreement. e. 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. 6. Confidentiality. 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 administra- tion of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of 'Ipersons 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 inten- tionally: disclosing such information other than as authorized by law may be guilty of a misdemeanor. 7. Nondiscriminatory Services. Facility Operator agrees that all goods and ser- vices under this Agreement 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. 8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect tp its perfor- mance hereunder, including but not limited to, licensing, employment and purchasing practices; pnd wages , hours and conditions of employment. 9. Inspection. Contractor's performance, place of business and records per- taining 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 . 10. 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. 11. Conformance with Federal and State Regulations . Should Federal or State regu- lations 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 . 12. 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. -2- I SERVICE PROVISIONS (CONREP Service Program) 13. Nonrenewal. Contractor understands and agrees that there is no represen- tation, 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. 14. Possessory Interest. If this Contract results in the Contractor having possession of, claim t6J 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 placementiiof taxable improvements on tax exempt land (Revenue & Taxation Code §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 §107.6, and waives all rights to further notice or to damages under thatlor any comparable statue. d 15. 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, they 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 per- taining to this Contract for five years from the date of submission of Contractor's final payment demand or'Ifinal 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 avail- able 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, Contractorshall, upon written request and until the expiration of four years after the furnishiIng 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 yearn after the furnishing of services pursuant to such, subcontract, the subcontractor shall make available, to the Secretary or to the Comptrdller 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 0 all costs and charges hereunder. This special condition ':'.is in addition to any and all other terms regarding the main- tenance or retention ofllrecordsunder this Contract and is binding on the heirs , suc- cessors , assigns and representatives of Contractor. 16. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Agreement , unless this Agreement is terminated by either party pursuant to Paragraph 4. (Termination) prior to June 30, 1989, the term of this Agreement shall be automatically extended from June 30, 1989 through December 31, 1989. The purpose of this automatic six-month extension isIto allow for continuation of services as specified in this Agreement to avoid interruption of payment to Contractor, and to allow County time in which to complete a novlation or renewal Agreement for Contractor and County approval. As to any such six-month extension: a. County shall continue to pay Contractor as set forth above in Service Provisions Paragraph 2. ,(County Obligations) . b. Contractor shall continue to provide services as set forth in this Agreement , subject to any amendments thereto. c. This six-month contract extension shall be subject to any further agree- ment (novation) which Contractor and County may enter into covering the provision of services during the contract period immediately following the contract period specified i -3- SERVICE PROVISIONS (CONREP Service Program) 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 1988-89 fiscal year. 17. 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 per- formance of this Contract. 18. Amendments. This Agreement may be amended in order to change the facility name(s) or address(es) Ilor to change the payment rates (as authorized by the State of California) by a written document executed by the Facility Operator (Contractor) and the County Board of Supervisors or, after Board approval, by its designee. 19. Additional Provisions . ii a. Contractor understands that no Federal or State income tax will be with- held from the payments under this Contract. However, the County may be required to report all payments to ,lthe 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. Contractoriunderstands that the products and staff services that it provi- des in fulfillment of the requirements of this Contract will be evaluated by the State. (Public Contract Code Section 10370) 11 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 'hand County reserve the right to use and reproduce all report 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 evi- dence 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 unlawfully 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 KegIulations, Title 2, Section 7285 et seq. ). The applicable regu- lations of the Fair Employment and Housing Commission implementing Government Code Section 12990, 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 kr other agreement . Contractor shall include the non- discrimination and compiliance provisions of this clause in all subcontracts to perform work under this Contract. (SAM 1204.5) g. Contractor, shall protect from unauthorized disclosure, names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any client. Client is defined as "those persons receiving services pursuant to a State Department of Mental Health funded program."' Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Contract. Contractor shall not disclose, except as otherwise specifically permitted by this Contract or authorized by law or the client , any such identifying information to anyone other than the State and County without prior written authorization from the State or County. For purposes of this Contract , identifying information shall include, but not be limited to, name, ,', identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print , or photograph. -4- II SERVICE PROVISIONS (CONREP Service Program) h. Contractor' shall be subject � to examination and audit by the California State Auditor General for a period of three years after final payment under this Contract. Contractor agrees to place in each of its subcontracts, which are in excess of $10,000 and utilize{IState funds, a provision that: "The contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under contract (Government Code Section 10532)". Contractor shall also be subject too the examination and audit of the Auditor-General for a period of three years after final payment under the contract or subcontract (Government Code Section 10532) . a 20. Penalty for Late Submission of Payment Demand. When Contractor fails to sub- mit to County a proper 'ildemand for payment as specified in Service Provisions Paragraph 2. (County Obligations) above, within 45 days , of the end of the month in which the contract services uponjwhich the demand is based are actually rendered and the County is, or will be, unable to obtain reimbursement from the State of California as a result of Contractor's late submission, to the extent the County's recovery of state funding is prejudiced, County may withhold payment , in whole or in part , to Contractor for such services , even though such services were fully provided. �I I -5-