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HomeMy WebLinkAboutMINUTES - 12131988 - 1.53 •,- 8--053 r To; BOARD OF SUPERVISORS I Mark Finucane , Health Services Director Contra BY: P Elizabeth A. Spooner , Contracts Administrator Costa DATE: December 1, 1988 County Approval of Life Support Residential Care Placement Novation SUBJECT: Agreement #24-368-5 ( 1 ) with Rica Torneros for Conditional Release (CONREP ) Program SPECIFIC REQUEST(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 #24-368-5( 1 ) effective July 1 , 1988 through June 3011 1989 with an automatic six,-month extension from July 1 , 1989 through December 31 , 1989 with Rica Torneros (dba Torneros Residential Care Home #1 and #2) 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 RECOMMEN TIO OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(SI: ACTION OF BOARD ON APPROVED AS RECOMMENDED C OTHERnFC 13 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE �C 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: DEC 131988 Health Services (Contracts) ATTESTED Risk Management PHIL BATCHELOR. CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Contractor DY - 60 /G - ------,--•DEPUTY M382/7-83 j r ;I Life Support Residential Care Placement Agreement 4124-368-5( 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 LIFE SUPPORT RESIDENTIAL, CARE PLACEMENT AGREEMENT Novation Agreement I . Agreement Identification. Number: 24-368-5(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: Rica Torneros (dba Torneros Residential Care Home #1 and #2) Capacity: Self-employed individual Social Security # 557-19-9443 Licensed Name and Address of Facility(ies) : License Number Expiration Torneros Res. Care Home #1 , 162 Madoline Street , Pittsburg, California 94565 071440126 10/2/89 Torneros Res . Care Home #2, 174 Madoline Street , Pittsburg, California 94565 071440127 10/2/89 3. Term. The effective date of this Agreement is July 1 , 1988 and it terminates June '30i-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 muLual consent . 5. Indepen4 nt 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 ofificers , 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/MH 1):iv.i"sion) 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. Thai-s 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 --- _ R y _ Designee Self.-employed individual Official Capacity Designate Official Capacity DaLe: Rica 'Torneros Print or Type Name of Facility Operator Date: ' ^ . SERVICE PROVISIONS � ^ (C[N�/EP Service Program) ' � ` l . Novation. The parties having entered into a prior Contract #24-368-5 for . the period —from -March 22,1-1988 through June 30, 1988 (which contained provision for an oxLumuLic six-month contract extension for the period from July l ' 1988 through Dece/o6ez 21 , 1988) , County and Contractor hereby agree to substitute this 1988-89 fiscal year ConLzuoL #24-368-50) for the aforesaid six-month automatic contract exten- sion. Effective July ) , 11988, all contract rights and obligations of the parties will be governed by this l9O8-89 fiscal year Contract #24-368-5(l) . 2. County Obligations . In consideration of the Facility Operator's provision of services as described herein, County uboIl 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 puymeut to Facility Operator for room, board, and care and supervision provided heze 'odec abuIl not exceed (comprised of $21.07 per day for basic !life support residential care plus $6^00 per day for supple- mental residential care services) . h. Payment shall be determined by each client' s aid status as follows: (l) If the 4ient is not receiving income or aid of any kind, County's payment shall be the full ! as set forth above. ` (2) If the client is receiving income or aid of any kind, County's payment nbuIl be reduced 'accordingly. As determined by County's Conditional Release Program Administrator, the amount doe to the Facility Operator for the care of u client :in any calendar month shall be reduced by all income or aid received by 'the client doziuQ such calendar month. } c, In dptermini9g the number of days for which payment is to be made, all � days comprising each client' s actual leoQcb of stay in the facility, including the � first and luak day of che ^clieut' s stay, shall be included. 3. � ^ Payments hereunder are limited as follows: � ` a. County abuIl ;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 u form SSP 16 (Authorization for Reimbursement For Interim � Assistance Acuute8 While 9SI/3SY 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/8S9 funds ` which are being applied to, the coats of these services . ` b. County may deduct from any monthly payment (Demand Form D-15) the amount ` of any unauthorized paymegt or overpayment that may have been made to Facility Operator ` io any prior muocb. 4. Contractor'sObligations. Contractor shall pay the following amounts to each � client for incidental expenses and personal needs (such as cigarettes and toiletry articles) : � ^ b li � ' per ay co ea� c eo . / . � Contractor shall keep u record of all such Client Personal Needs Payments and shall � provide County with m copyof this Client Personal Needs Payment Record upon request . � . . 5. Services . Facility (Operator (Contractor) shall provide basic life auyyurc room andboard—and c«enty�louz hour emergency residential care and specialized super- vision as specified in the State regulutipoe under which the Facility is licensed, for eligible clients who are specifically referred to Facility Operator by County's Conditional Release Program (C0NKEy) staff , subject to space limitations . Facility ` Operator hereby assures and certifies that be/oke is specially trained, experienced, expert , competent, and licensed to perform such services. Facility Operator shall: a. Provide basic residential care services consisting of regular zoom and board services , residential care, and standard supervision w\cicb is provided to all clients residing in Coucractoc'o facility, as required by Contractor's facility ` license. � � ' � . � � -l- ` ! ' ' 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 Sec. 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 wi11 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 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 I,aw. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its perfor— mance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages , hours and conditions of employment. 9. Inspection. Contractor's performance, place of business and records per— raining to this Contract' arc, 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 Tederal 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 shal.l. be the date of receipt by the head of the County Department for which this Contract is made. —2— ` . ^ SERVICE PDDVICT00S � ^ (C[NREP Service Program) � � 13. Noureuevol. Contractor oodecaLao6a 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 Controct ' and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services frum Contractor. � 14 . Possessory Interest . If this Contract results in the Cuu,caoLoc having possession of , claim to or right to the poaaeaalou 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 Lau exempt laud (Revenue & Taxation Code 5107) . such iutereutur improvements may represent a possessory interest subject to property tax` and Cont' ractor may be subject to the payment of property taxes levied on such interest . Couc�accoc agrees chat this provision complies with the notice requirements if Revenue & Taxation Code 5107,6, and waives all rights to further notice or to damages under that or any comparable statute. ` � 15. Records. Cont `nshall keep and make available for inspection and copying ` ------' by authorized representatives of the County, the State of California, and the United States Government , the |Coutractoz' u regular business records and such additional records pertaining to tbi� Contract as may be required by the County. a. Retention of Records. The Contractor shall i Il documents � Laiuing to this Contruccl for five years from the date of u""wiss^"" of Contractor' s final payment demand or final Cost Report; for any further period that is required by law; and until all l/State audits are complete and exceptions resolved for this contract 's funding perio� . Upon request , Contractor shall wake these cefozda avail- ` uble to authorized representatives of the Couny, the State of California, and the � United 3tuc "*Covernmeot . ^ ` b. Access to Books and Records t Contractor Subcontractor Pursuant co � Section 1061(v)(I ) of the Social Security Act , and any ^=a"^"`^,.= '^..,^u.^^, thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services yucauuut 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 oucuce and extent of all costs and charges , hereunder. ` ' Further, it Contractor carries out any of the duties of this Contract through u sub- contract with a value or cwuc of $10,000 or more over a twelve-month period, such sub- contract shall contain u ! clauae to cbe effect that upon written request and until the expiration of four years after the {ucuiokiog 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 , ,or 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 main- tenance or retention of records under this Contract and is binding on the heirs , suc- cessors , assigns and representatives of Contractor. , 6. Automatic ContraLCt Extension. Notwithstanding Pacagrapb 3. (Term) of this Agreement , ent is terminated by eicher party puzauanc cu Puragzuph 4. `(Termination) prior to June ]O' 1989, the term o[ this Agreement. shall be aucoma��cuI l extended from June 30, 1989 through December 31^ 1989. The purpose of this automaticstx-mont � -------'b euceoaiuu is to 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 m novation or renewal Agreement for Contractor and County eyproval, As to any such six-month extension: u. County abuII 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 �b z �u.e e ' , C. This yix_month contract extension shall be subject to any further agree- Ment (novation) which Contractor and Cuoocy may enter into covering the provision of uecviceu during the contract period immediately following che contract period specified \ � � � -3- ' ' l 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 coumiitments 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) or 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 . 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 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 provi- des 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 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 Regulations , 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 incorpo'ilrated 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 Lheir obligations under this clause to .labor organizations with which they have a co1.:1ect1.ve bargaining or other agreement . Contractor shall include the non- discrimination and compliance provisions of this clause in all subcontracts to perform rjork cinder this Contract . ' (SAM 1204.5) g. Contractor shall protect from unauthorized disclosure, names and other ideriLiEying 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 riot 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 a ;signed to the individual", such as finger or voice print , or photograph. -4- ~ ' ' ' SERVICE PROVISIONS ^ (CU0DEy Service Program) ` ' ^ . h. Contractor shall be subject to examination and audit by the California State Auditor General t,or o period' of three years after final payment under this Cuuccucc . Contractor agrees to place in each of ics subcontracts , which are in excess of $10,000 and utilize State funds, a provision that: "The contracting parties shall be subject to the examination and audit of the Auditor General for u period of three years after final payment �uoJec cuoczacc (Government Code Section 10522)". Contractor uaIl -General for a period of three years after final payment under the contract or subcontract (Government Code Section 10532) , � ` 20. Penalty for Late": Submission of Payment Demand. When Contractor fails to sub- � mit to County a proper demand 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 upon which the demand in based are actually rendered and cbe County � is , or will be, mbuzeemeuL from the State of California as a result ` of Contractor's lute aub"iauion' to the extent the County's recovery of state funding is prejudiced, County may ithbold payment , in whole or in part ` to Contractor for such services , even though such services were fully provided. � � ^ ` ^` ` ` � ' ' ` . . . ' � ` � ' � � � � ` .,. � ' \ ` �� .