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FROM: Robert E. Jornlin, Directorlra
Social Service Department Costa
DATE: June 28, 1984 County
SUBJECT: APPROVAL OF LONG TERM CARE PILOT PROJECT
AGREEMENTS BY COUNTY WELFARE DIRECTOR
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize County Welfare Director or Designee to execute non-financial Long
Term Care Pilot Project Agreements upon approval by the County Administrator
during the term of the Pilot Project.
BACKGROUND
The Board of Supervisors on September 27, 1983 adopted the Long Term Care
Pilot Project and directed the Health Services Director and County Welfare
Director to proceed with implementation. The Long Term Care Pilot Project
will test a community-based, parallel public/private long term care system
for older persons in Central and West County.
The Project model developed by the Long Term Care Working Group and Long
Term Care Advisory Council includes agreements between both public and
private health care service providers and the Social Service Department.
The purpose of the agreements is to state the responsibilities of the
County and these agencies and organizations in assessing individual clients'
needs, developing plans of service and providing various services, as
appropriate and which would normally be provided by the various parties.
The Social Service Department has developed an agreement format with input
from the Long Term Care Working Group and Advisory Council, review by the
County Administrator, and approval of form by County Counsel. A copy of
the agreement is attached. The agreement is a "working paper" and does not
involve exchange of money or other consideration.
REJ/EH/dc
Attachment
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME A ON OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (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.
ORIG: Social Service Dept. (Attn: Contracts)
CC: GOunty Administrator ATTESTED D Z"
Health Services Department J. OLSSO , COU Y CLERK
County Office on Aging AND EX OFFICIO CLERK OF THE BOARD
00012
M382/7-83 BY DEPUTY
Contra Costa County
AGREEMENT
LONG TERM CARE PILOT PROJECT
1. Agreement Identification Number
Department: Social Service for its Office on Aging
Subject: Long Term Care Pilot Project for Contra Costa County
2. Parties. The County of Contra Costa, California (County), for its Department
named above, and the following named Second Party mutually agree and promise as
follows:
Name:
Capacity:
Address:
3. Term. The effective date of this agreement February 1, 1984 and terminates
one year after a full client caseload of 60 to 100 persons as specified in Board
Order #21-023 dated Sepetember 27, 1983 or as otherwise agreed upon based on the
General Conditions of this agreement.
4. County's Obligation. County shall provide those services described in the
County Service Plan attached hereto which is incorporated herein by reference, sub-
ject to all the terms and conditions contained or incorporated herein.
5. Second Part 's Obligations. Second Party shall provide those services and carry
out that wort escribed in the Service Plan attached hereto which is incorporated
herein by reference, subject to all the terms and conditions contained or incorporated
herein.
6. General and Special Conditions: This Agreement is subject to the General
Conditions, as applicable, and Special Conditions (if any) attached hereto, which
are incorporated herein by reference. As contained in the General Conditions,
"Contractor" shall be interpreted to be "Second Party" and "Contract" to be
"Agreement".
7. Project. This Agreement implements in whole or in part the following described
Project, the application and approval documents of which are incorporated herein by
reference:
Long Term Care Pilot Project/Board Order #21-023 dated September 27, 1983.
8. Legal .A_uth�ority. This Agreement is entered into under and subject to the
following legal authorities:
California Government Code Sections 26227 and 31000
9. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA SECOND PARTY
By By
County We fare Director or Designee
(Designate official capacity
Approved by County Administrator
By
Designee,
Form approved:
By
000-113
r SERVICE PLAN
Number
The Long Term Care Pilot Project will begin February 1, 1984 and terminate one year after
a Project client caseload of a minimum of 60 or a maximum of 100 clients is reached. The
target population will consist of eligible individuals age GOV anu a-::
by a comprehensive assessment to require a continuum of long term care services. The
organizational structure for the Pilot Project will involve a parallel public/private
approach in delivering long term care services to seniors with the public/private sectors
operationally linked by the use of a common screening and assessment instrument and case
management services. The responsibilities of the County (First Party) and the private
sector (Second Party) are:
A. Second Party:
1. Provide the personnel checked below to serve on the Medical Social Review Team
(MSRT). MSRT is an interdisciplinary group of health and social service pro-
fessional staff who perform comprehensive assessment of Project clients'
health and social needs. In addition, MSRT will develop a care plan of services
for meeting each client's needs and will provide consultation to Project case
managers who will be responsible for care plan implementation, monitoring and
follow-up. (check appropriate boxes)
Social Worker
Q Nurse
Physician
�..-d Case Manager
Other (specify)
2. Participate in Project training sessions.
3. Provide the following services to clients, as specified in their care plan, deve-
loped under the Project's case management system.
Housing Placement - to assist a client to obtain suitable living arrange-
ments.
QHousing Repair/Maintenance/Renovation - to improve or maintain a client's
residence to meet appropriate safety, health and energy conservation stan-
dards.
Congregate Nutrition Meals - to provide meals in a group setting to older
persons.
Home-Delivered Nutrition Meals - to provide meals to older persons who are
r-
home-bound due to illness, disability, or isolation.
Q Escort - to accompany and personally assist a client to obtain a service.
Q Security/Safety Devices - to provide to clients security and safety devices.
�---1 Home Chore Services - to provide periodic maintenance for a household such as
heavy cleaning, washing windows, trimming trees and mowing lawns.
Housekeeping/Homemaking - to provide light routine maintenance of a household
including dusting, vacuuming, laundry care, meal preparation, or shopping.
Personal Care - to assist clients with routine care of a personal nature such
as bathing, dressing and feeding.
Telephoning - to phone a client to provide reassurance or comfort.
Q Visiting - to visit a client to provide reassurance or comfort.
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agreementl
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000114
r`
Service Plan cont'd.
In-Home Services Registry - to refer qualified in-home service worker(s) to
persons requesting help in the home.
Health Screenin - to provide a brief examination to determine need for more
in-depth medical evaluation.
Adult Day Health Care - to provide personal care, nutrition, therapy, health
care, socialization and recreation in a protective group setting.
Hospice Care - to provide specialized health/mental health care and social
services to terminally ill clients and their families.
Health Thera - to provide treatment of a specific physical problem by a
health professional or allied health professional.
Mental Health Thera - to provide therapeutic counseling for a psychological
problem by a menta health professional or an allied mental health pro-
fessional .
Transportation - to take a client from one location to another.
Recreation - to provide organized recreational activities for creative
expression or socialization.
Social Da Care - to provide a supervised and organized program of social ,
recreational and nutritional services for frail older persons.
Legal Services - to provide legal information, advice, counseling, admini-
strative representation, and judicial representation.
Forms Completion - to provide assistance with the completion of financial
forms including tax forms) or other documents.
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agreement2
000115
• i J
.Service Plan cont'd.
B. County through (Social Service Department for its Office on Aging) will :
1. Maintain strict confidentiality on all client information gathered as part of
the project.
2. Maintain all data collected for and by the Project.
3. Share statistical information on services provided through the Project to all
participating providers, clients and their families, upon request.
4. Coordinate all Project management meetings and information dissemination activi-
ties related to the Project.
C. Both parties will:
1. Utilize a common screening/referral instrument designed for use by the Project.
2. Share relevant existing needs assessment information about clients par-
ticipating in the Project in order to avoid duplication and overlap in the
Project assessment process.
3. Participate in the Project orientation and/or training sessions.
4. Participate, whenever necessary, in case conferences on clients participating
in the Project.
S. Provide required information, coded for purposes of confidentiality, to the
Project Data Bank.
SPECIAL CONDITIONS
Paragraph 19, Insurance of the General Conditions is hereby deleted from this contract.
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Agreement3
disk 44
0001.161
Contra Costa County ' ) Standard Form
GENERAL. CONDITIONS
(Purchase oT fervfces)
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and oca aws and regulations applicable with respect to its perfor-
mance under this Contract, including but not limited to, licensing, employment and
purchasing practices; and wages, hours, conditions of employment and nondiscrimination.
2. 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.
3. 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.
4. Retention of Records. 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.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, and may
be cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any
of its obligations hereunder. In the event of such termination, the County may proceed
with the work in any reasonable manner it chooses. The cost to the County of
completing Contractor's performance shall be deducted from any sum due the Contractor
under this Contract, without prejudice to the County's rights otherwise to recover its
damages.
c. Cessation of Funding. Notwithstanding Paragraph 5. a. above, in the event
that Federal or State funding for this Contract ceases, this Contract is terminated
without notice.
6. 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.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to, monitoring, evaluation, auditing, billing, or regulatory changes, may be developed
and set forth in a written Informal Agreement between the Contractor and the County.
Such Informal Agreements shall be designated as such and shall not be amendments to
this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner the
scope of this Contract, including any sums of money to be paid the Contractor as pro-
vided herein. Informal Agreements may be approved and signed by the head of the County
Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors
or, after Board approval , by its designee, subject to any required State or Federal
approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan -m—ay-7F amended by a written administrative amendment
executed by the Contractor and the County Administrator or his designee, subject to any
required State or Federal approval , provided that such administrative amendments may
not materially change. the Payment Provisions or the Service Plan.
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A-4616 (REV 11/82) 000117
t! ,
Contra Costa County Standard Form
GENERAL CONDITIONS
(Rurchase of Services)
9. Disputes. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final deter-
mination in writing by the head of the County Department for which this Contract is
made or his designee or in accordance with the applicable procedures (if any) required
by the State or Federal Government.
10, Choice of Law and Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in
the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations. Should Federal 'or State regu-
la tions touc ing 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. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies with
the requirements of this Contract, or acceptance of the whole or any part of said per-
formance, or payments therefor, or any combination of these acts, shall not relieve the
Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be
thereby stopped from bringing any action for damages or enforcement arising from any
failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors,
assigns and representatives of Contractor. The Contractor shall not enter into sub-
contracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or or his designee, subject to any required State or Federal approval .
14. Independent Contractor Status. This Contract is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the rela-
tionship of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor promises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete and
accurate list of its governing body (Board of Directors or Trustees) and to timely
update said bylaws or the list of its governing body as changes in such governance
occur,
16. Confidentiality. Contractor agrees to comply and to require its employees,
agents and partners to comply with all applicable State or Federal statutes or reguia-
.tions respecting confidentiality, including but not limited to, the identity of persons
served under this Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract 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. Contractor 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 mis-
demeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age, sex,
race, religion, color, national origin, ethnic background, creed, condition of physical
or mental handicap, marital status, or political affiliations and that none shall be
used, in whole or in part, for religious worship or instruction.
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A-4616 (REV. 11/82) 00011.8
Contra Costa County ( Standard Form
GENERAL CONDITIONS
APurchase of Services)
18. Indemnification. The Contractor shall defend, save harmless and indemnify the
County and itso cer.s, agents and employees from all liabilities and claims for dama-
ges for death, sickness tir- 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 Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
19. Insurance. During the entire term of this Contract and any extension or modi-
fication thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum com-
bined single limit coverage of $500,000 for all damages, including consequential dama-
ges, due to bodily injury, sickness or disease, or death to any person or damage to or
destruction of property, including the loss of use thereof, arising fror+i each
occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional named insureds as to all services performed by Contractor
under this agreement.
b; Workers' Compensation. The Contractor shall provide workers' compensation
insurance. coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with
(a) certificates of insurance evidencing liability and worker's compensation
insurance as required herein no later than the effective date of this Contract. If the
Contractor should renew the insurance policy(ies) or acquire either a new insurance
policy(ies) or amend the coverage afforded through an endorsement to the policy at any
time during the term of this Contract, then Contractor shall provide (a) current
certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor sha 1 include a provision for thirty (30) days written notice to County
before cancellation or material change of the above specified coverage. Said policies
shall constitute primary insurance as to the County, the State and Federal Governments,
their officers, agents, and employees, so that other insurance policies held by them or
their self-insurance program(s) shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies.
20. 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 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.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not
limit any term of the General Conditions.
22. 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.
23. 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 §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 that or any comparable statute.
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A-4616 (REV. 11/82) 000-1-1 a