HomeMy WebLinkAboutMINUTES - 12051995 - C43 Tcr , F,-.y _.;.,j3OARD OF SUPERVISORS CA3
FContra
ROM:
Mark Finucane, Health Services Director Costa
DATE: November 21, 1995 County
SUBJECT: Approval of Standard Form FY 1995-1996 Life Support Residential Care Placement
Novation Agreements with Licensed Board and Care Facility Operators (CONREP
Program)
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, Standard Form FY 1995-1996 Life
Support Residential Care Placement Novation Agreements with the licensed Board
and Care facility operators listed on the attached addendum, effective July 1,
1995 through June 30, 1996, to provide residential care for mentally disordered
offenders under the County's Conditional Release Program (CONREP) . These
documents include automatic six-month extensions for the period from July 1,
1996 through December 31, 1996.
B. Approve the following rate for specialized room, board, care and supervision
provided through this Novation 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:
These Novation Agreements are totally State-funded under County's Standard Agreement
#29-441-15 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 #29-441-15 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 RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON J' APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1Z UNANIMOUS (ABSENT V ) I 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 I— S . 9.
Risk Management Phil Batehelor,Clerk of the Boof
Auditor—Controller SuvErvisors and County Administrator
Contractor ,
M382/7-e8 BY � DEPUTY
ADDENDUM
LIFE SUPPORT RESIDENTIAL CARE PLACEMENT
BOARD AND CARE FACILITY OPERATORS
(CONREP) PROGRAM
FY 1995-96
A. Novation Agreements for the period of:
July 1, 1995 through June 30, 1996
AGREEMENT NUMBER: BOARD AND CARE FACILITY OPERATOR:
24-368-5 (8) Rica and Dominga Torneros
(dba Torneros Residential Care Home #1 and #2)
24-368-7 (7) Thelma Penning
(dba Penning Family Care Home)
24-368-13 (1) Jean Michaelides
(dba Woods Manor)
24-368-14 (1) Jean Michaelides
(dba Concord Blvd Home)
LIFE SUPPORT RESIDENTIAL CARE PLACEMENT AGREEMENT
(Novation Agreement)
Number: 24-368-5(8)
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, Californinty) , for its Department named
above, and the following named Facility Operator a o ) of a licensed residential
care (non-medical) facility mutually agree and proms ows:
Facility Operator: Rica Torneros and Dominga G. 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 St. ,
Pittsburg, California 94565 071440126 10/2/96
Torneros Res. Care Home #2, 174 Madoline St. ,
Pittsburg, California 94565 071440127 10/2/96
3. Term. The effective date of this Agreement is July 1, 1995 , and it
terminates June 30. 1996 , 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 Agreement is by and between two independent
contractors andnot intended to and shall not be construed to create the
relationship of agn e ant, employee, partnership, joint venture, or association.
6. Indemnification. The Facili"t erator shall defend, save harmless and indemnify the
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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. 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. 95-75005 (County No. 29-441-15) 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 12, 1995; 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. Signatures. 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. Novation. The parties having entered into a prior Contract #24-368-5(7) for the period
July 1, 1994 through June 30, 1995 (which contained provision for an automatic six-month
extension agreement for the period from July 1, 1995 through December 31, 1995) , County and
Contractor hereby agree to substitute this 1995-96 fiscal year agreement #24-368-5(8) for the
aforesaid six-month automatic extension agreement. Effective July 1, 1995, all contract
rights and obligations of the parties will be governed by this 1995-96 fiscal year Contract
#24-368-5(8) .
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 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 for July 1, 1995
to June 30, 1996 (comprised of $24.33 per day for basic life support residential
care plus $6.00 per day for supplemental 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: $30.33 per day for the period July 1, 1995 to June 30,
1996.
(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.
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.
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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.
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.
5. 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.
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 administration of such service.
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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.
7. 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.
8. 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.
9. 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.
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 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.
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.
13. 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.
14. 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
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107,6, and waives all rights to further notice or to damages under that or any comparable
statute.
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, the 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 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.
16. 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, 1996, the term of this Contract shall be automatically extended through
December 31, 1996. 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 2 (County Obligations) above, subject to any changes in the fee rates
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(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.
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 1996-97 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 performance 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 and the County Board of Supervisors or,
after Board approval, by this designee.
19. 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)
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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 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)
20. 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 2. (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.
21. 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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