HomeMy WebLinkAboutAgreement A-23-078 Amendment I to Agreement with J. Melton.pdf Agreement No. 23-078
1 AGREEMENT FOR ASSIGNMENT OF RIGHTS
AND DELEGATION OF DUTIES UNDER AGREEMENT NO. 18-367
2 AND AMENDMENT I OF COUNTY AGREEMENT NO. 18-367
3 This Agreement for Assignment of Rights and Delegation of Duties ("Assignment") and
4 Amendment I is made and entered into this 28t" day of February , 2023, by and
5 between the COUNTY OF FRESNO, a Political Subdivision of the State of California ("COUNTY'), J.
6 Melton &Associates, a Sole Proprietor ("ASSIGNOR") and J. Melton &Associates, a General
7 Partnership ("ASSIGNEE" or "CONTRACTOR"), whose address is 6060 N. Harrison Ave, Fresno, CA
8 93711.
9 WITNESSETH:
10 WHEREAS, COUNTY and ASSIGNOR entered into County Agreement No. 18-367, dated July
11 10, 2018 for ASSIGNOR to provide Certification Review Hearing Officers to perform certification
12 review hearings at various psychiatric hospitals/acute psychiatric programs in the County of Fresno for
13 adults, adolescents and children in order to comply with the Lanterman-Petris-Short Act as set forth in
14 the State of California Welfare and Institutions Code (W&I Code); and
15 WHEREAS, W&I Code section 5256.1 precludes any employee of a COUNTY mental health
16 program from serving in the capacity of a Certification Review Hearing Officer; and
17 WHEREAS, ASSIGNOR has the professional expertise necessary to perform as a Certification
18 Review Hearing Officer for adults, adolescents and children, and is willing to perform in such capacity
19 subject to the terms and conditions of this Agreement.
20 WHEREAS, Section 8- NON ASSIGNMENT of County Agreement No. 18-367 provides for the
21 assignment of the Agreement with the written consent of both parties; and
22 WHEREAS, ASSIGNOR wishes to assign, transfer, and delegate all of its rights, benefits,
23 responsibilities, and obligations under County Agreement No. 18-367 to ASSIGNEE; and
24 WHEREAS, ASSIGNEE represents that it is willing and qualified to accept the assignment of
25 rights and delegation of obligations of ASSIGNOR under County Agreement No. 18-367 and agrees to
26 each term and condition of County Agreement No. 18-367; and
27 WHEREAS, ASSIGNOR represents that it does not have any claims against COUNTY,
28 including claims for payments due, except payments on invoices for services performed in January
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1 2023 and February 2023, which will be paid to ASSIGNOR according to the terms of County
2 Agreement No. 18-367; and
3 WHEREAS, Assembly Bill 2275 has made significant changes to W&I Code, sections 5150,
4 5151, 5256, 5275, 5350, 5354 and 5585.20, requiring certification review hearings and due process
5 for individuals placed on an involuntary hold within seven (7) days of the date the person was initially
6 detained pursuant to W&I Code section 5150; and
7 WHEREAS, ASSIGNEE is willing to provide Certification Review Hearing Officers to perform
8 the additional certification review hearings required by Assembly Bill 2275; and
9 WHEREAS, the COUNTY and ASSIGNEE now desire to amend the Agreement regarding
10 changes as stated below.
11 NOW, THEREFORE, the parties agree as follows:
12 ASSIGNMENT
13 1. ASSIGNOR hereby assigns to ASSIGNEE all of ASSIGNOR's rights and interests and
14 in and to County Agreement No. 18-367; and further delegates to ASSIGNEE all of ASSIGNOR's
15 duties, obligations of performance, and liabilities under County Agreement No. 18-367.
16 ACCEPTANCE
17 2. ASSIGNEE hereby accepts from ASSIGNOR such assignment of County Agreement
18 No. 18-367, and
19 3. ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
20 reservation of rights, to perform each and every one of ASSIGNOR's obligations and responsibilities
21 under County Agreement No. 18-367 as though ASSIGNEE was the signatory party to the Agreement
22 in lieu of ASSIGNOR. As such, ASSIGNESS agrees that its liability under County Agreement No. 18-
23 367 shall include liability accruing as a result of ASSIGNOR's, as well as ASSIGNEE's, performance
24 or failure to perform its obligations under County Agreement No. 18-367. By its acceptance of said
25 obligations of ASSIGNOR under County Agreement No. 18-367, and ASSIGNEE further agrees to
26 hold ASSIGNOR harmless from any liability for performance or nonperformance of such obligations,
27 from and after the effective date of this assignment throughout the remaining term of County
28 Agreement No. 18-367.
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1 AUTHORIZATION
2 4. Each person executing this agreement in a representative capacity hereby warrants
3 and represents that he or she is authorized to do so and that his or her signature shall be binding on
4 that party.
5 AMENDMENT
6 5. The persons having authority to give and receive notices under this Agreement and
7 their addresses include the following:
8 COUNTY CONTRACTOR
9 Director, Fresno County Janice Melton
Department of Behavioral Health J. Melton & Associates
10 1925 E. Dakota Ave 6060 N. Harrison Ave
11 Fresno, CA 93726 Fresno, CA 93711
12 6. The Agreement shall be extended for an additional twelve (12) month period beginning on
13 July 1, 2023 and shall terminate on June 30, 2024.
14 7. That all references in the existing Agreement to "Exhibit A" shall be deemed references to
15 "Revised Exhibit A", which is attached hereto and incorporated herein by this reference.
16 8. That the existing County Agreement No. 18-367, Section Four (4) on Page Three (3),
17 beginning on Line Eight (8)with the word "COUNTY" and ending on Page Thee (3), Line Twenty-Three
18 (23)with the word "CONTRACTOR" be replaced in its entirety as follows:
19 "COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
20 compensation at the rate of two hundred and No/100 Dollars ($200.00) per Certification Review Hearing.
21 Services are to be delivered to mental health clients (clients) who have been determined by
22 COUNTY's DBH to be the responsibility of COUNTY, and for Community Behavioral Health Center
23 (CBHC) mental health clients, that are conducted at each psychiatric unit at various psychiatric
24 hospitals/acute psychiatric facilities in the County of Fresno which are designated as seventy-two (72)
25 hour treatment and evaluation facilities and non-designated facilities where an individual has been placed
26 under an involuntary mental health hold.
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1 When certification review hearings at a non-designated facility are cancelled after 5pm the day
2 before the scheduled hearing, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
3 receive compensation at the rate of one hundred and No/100 Dollars ($100.00) per cancelled hearing.
4 If CONTRACTOR's monthly invoice is less than twenty-seven thousand, six hundred and No/100
5 ($27,600.00), up to an additional ten percent (10%) of the invoice amount may be added to the total
6 invoice amount. When the County pays the additional ten percent (10%) because the monthly invoice is
7 less than $27,600.00, the total of the invoice plus the supplemental amount shall not exceed $27,600.00.
8 It is acknowledged and agreed between the parties that CONTRACTOR shall make separate
9 arrangements with non-COUNTY inpatient facilities, other than CBHC, for compensation for services
10 provided by CONTRACTOR within their inpatient facilities to mental health clients who are determined by
11 COUNTY's Managed Care Division to not be the responsibility of COUNTY.
12 Maximum Contract Amount
13 The maximum amount payable to CONTRACTOR for the period of July 1, 2018
14 through June 30, 2019 shall not exceed One Hundred Forty Thousand and No/100 Dollars
15 ($140,000.00).
16 The maximum amount payable to CONTRACTOR for the period of July 1, 2019
17 through June 30, 2020 shall not exceed One Hundred Forty Thousand and No/100 Dollars
18 ($140,000.00).
19 The maximum amount payable to CONTRACTOR for the period of July 1, 2020
20 through June 30, 2021 shall not exceed One Hundred Forty Thousand and No/100 Dollars
21 ($140,000.00).
22 The maximum amount payable to CONTRACTOR for the period of July 1, 2021
23 through June 30, 2022 shall not exceed One Hundred Forty Thousand and No/100 Dollars
24 ($140,000.00).
25 The maximum amount payable to CONTRACTOR for the period of July 1, 2022
26 through June 30, 2023 shall not exceed One Hundred Ninety-Two Thousand One Hundred Twenty-
27 Nine and No/100 Dollars ($192,129.00).
28 The maximum amount payable to CONTRACTOR for the period of July 1, 2023
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1 through June 30, 2024 shall not exceed Three Hundred Thirty-One Thousand Two Hundred and
2 No/100 Dollars ($331,200.00).
3 In no event shall the maximum contract amount for the services provided by the
4 CONTRACTOR to COUNTY under the terms and conditions of this Agreement be in excess of One
5 Million Eighty-Three Thousand Three Hundred Twenty-Nine and No/100 Dollars ($1,083,329.00)
6 during the total Six (6) year term of the Agreement. It is understood that all expenses incidental to
7 CONTRACTOR's performance of services under this Agreement shall be borne by CONTRACTOR."
8 9. The parties agree that this Amendment may be executed by electronic signature as
9 provided in this section. An "electronic signature" means any symbol or process intended by an
10 individual signing this Amendment to represent their signature, including but not limited to (1) a digital
11 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and
12 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
13 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten
14 signature of the person signing this Amendment for all purposes, including but not limited to
15 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
16 the valid original handwritten signature of that person. The provisions of this section satisfy the
17 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
18 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
19 signature represents that it has undertaken and satisfied the requirements of Government Code
20 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
21 upon that representation. This Amendment is not conditioned upon the parties conducting the
22 transactions under it by electronic means and either party may sign this Amendment with an original
23 handwritten signature.
24 10. The parties agree that this Assignment of Agreement and First Amendment is sufficient to
25 assign and amend the Agreement, and that upon execution of this Assignment of Agreement and
26 Amendment I, the Agreement, and this Assignment of Agreement and Amendment I, together shall be
27 considered the Agreement.
28 11. The Assignment and Amendment shall be effective commencing _February 28, 2023.
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1 All provisions, terms, covenants, conditions, and promises contained in the Agreement and not
2 amended shall remain in full force and effect.
3 N
4 N
5 HI
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, to be effective as
2 of the date first above written.
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4 s F!!
it f
6 anice M. Melton, Chief Financial Officer J�sep V. Mel n, Chief Executive Officer
J. Melton & Associates, a Sole Proprietor �. Iton &Associates, a Sole Proprietor
7 ASSIGNOR SSIGNOR
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11 nice M. Melton, General Partner �/ Joseph V. Melton, General Partner
J. Melton &Associates, Partnership �: J. Melton & Associates, Partnership
12 ASSIGNEE ASSIGNEE
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PLEASE SEE ADDITIONAL
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SIGNATURE PAGE ATTACHED
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, to be effective as
2 of the date first above written.
3
COUNTY OF FRESNO
4
5 By.
6 S uin r
7 Chairman of the Board of Supervisors
of the County of Fresno
8
9 ATTEST:
Bernice E. Seidel,
10 Clerk of the Board of Supervisors
11 County of Fresno, State of California
By:� ----
12 Deputy
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Mailing Address:
15 6060 N. Harrison Ave
Fresno, CA 93711
16 Phone No. (559) 259-3893
17 Contact: Joseph and Janice Melton
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19 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
20 Organization: 5630/2494/2112/2666
21 Account/Program: 7295/0
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Revised Exhibit A
Page 1 of 2
Certification Hearing Review Officer
Scope of Work
ORGANIZATION: J.Melton&Associates
ADDRESS: 6060 N. Harrison Ave, Fresno, CA 93711
SERVICES FOR: Conduct certification Review Hearings for adults and
children involuntarily detained as required by the
Lanterman-Petris-Short Act.
CONTRACT PERIOD: July 1,2018—June 30,2024
CONTRACT AMOUNT: FY 2018-2019 $140,000
FY 2019-2020 $140,000
FY 2020-2021 $140,000
FY 2021-2022 $140,000
FY 2022-2023 $192,129
FY 2023-2024 $331,200
TARGET POPULATION: Adults and children involuntarily detained pursuant to the
provisions of the Lanterman-Petris-Short Act of the
California Welfare & Institutions Code.
SERVICES: Conduct Certification Hearings
1. The primary activity of the Certification Hearing Review Officer
(CONTRACTOR) is to conduct hearings of those adults, adolescents, or
children involuntarily detained due to being gravely disabled and/or danger to
self or others because of mental illness and who have been certified for
additional involuntary treatment.
2. Hearings shall be held in the manner as prescribed by section 5256 through
and including 5270.15 of the California Welfare and Institutions Code,
Division 5.
3. Certification Review Hearings shall be held within seven(7) days from
initial detainment when a person has not been certified for intensive
treatment pursuant to WIC 5250 and remains detained pursuant to WIC
5150.
4. Certification Review Hearings shall be held within four(4) days of a
certification for additional 14 day involuntary hold of the person certified,
pursuant to Welfare and Institution Code 5250. Additional certification
review hearings will be held within four(4) days of the date on which the
consumer is certified for a thirty(30) day period of intensive treatment
(California Welfare and Institutions Code §§5270.15 and 5270.55).
Revised Exhibit A
Page 2 of 2
5. Hearings shall be held at various psychiatric hospitals/acute psychiatric
programs in the County of Fresno that are designated as Seventy-Two (72)
hour treatment and evaluation facilities and non-designated facilities.
6. CONTRACTOR shall maintain all required documentation and shall submit
any required documentation in compliance with all applicable State and
Federal confidentiality laws in the manner determined by the COUNTY.
7. CONTRACTOR will provide approximately one hundred and thirty eight(138)
hearings per month although no minimum is guaranteed.
8. COUNTY will be responsible to provide for and compensate the
CONTRACTOR for all hearings performed in accordance with Articles 4,
4.5, and 4.7 of the Welfare and Institutions Code at a location/space that
allows for confidentiality and is compatible with and is least disruptive to the
treatment being provided to the Beneficiary or Recipient.
9. Review hearings will be conducted each week on Tuesday and Friday or on
other days of the week as may be necessary to complete said hearings within
State required timelines. If a hearing falls on a COUNTY observed holiday,
the CONTRACTOR will issue notification to the DBH on the alternate date
chosen. Depending on the number of hearings scheduled for the day and the
complexity of each hearing, the time taken to complete all hearings scheduled
may extend past the customary 8:00 a.m. —5:00 p.m. business day. Each
Sterling Hearing takes approximately 25 minutes to complete.
10. CONTRACTOR shall provide monthly data including but not limited to the
following:
•Number of scheduled hearings, by each facility(CRMC, Saint Agnes,
Coalinga Hospital, CSC, PHF, etc.)
•Number of scheduled hearings, by each facility, that are cancelled
•Reasons for cancellations
PROJECTED OUTCOMES: Provide approximately one hundred and thirty eight(138)
review hearings per month.