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Home My WebLink AboutAgreement A-10-689-2 with Crestwood Behavioral Health, Inc..pdfAgreement No. 10-689-2 1 AMENDMENT II TO AGREEMENT 2 THIS AMENDMENT II TO AGREEMENT (hereinafter "Amendment") is made and entered 3 into this \ l_Q'fb day of -3"" lLh .. c.. 2015, by and between COUNTY OF FRESNO, a 4 Political Subdivision ofthe State of California, Fresno, California (hereinafter "COUNTY"), and 5 CRESTWOOD BEHAVIORAL HEALTH INC., a for-profit Organization, whose address is 520 6 Capitol Mall, Suite 800, Sacramento, CA 95814, (hereinafter "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 10-689, dated 9 December 14, 2010 (hereinafter "Agreement"), and COUNTY Amendment No. 10-689-1 effective 10 April 23, 2013 pursuant to which CONTRACTOR agreed to operate a sixteen (16) bed acute inpatient 11 psychiatric health facility (PHF) for COUNTY; and 12 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 13 extend the term of the agreement six months. 14 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, 15 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree to as follows: 16 1. That the existing COUNTY Agreement, Page Two (2), Section Two (2), beginning with 17 Line Twenty-one (21) with the number "2," and ending Line Twenty-seven (27) with the word "term," 18 be deleted in its entirety and replaced with the following: 19 "2. TERM 20 This Agreement shall become effective on the lOth day of January 2011 and shall 21 terminate on the 30th day of June, 2011. 22 This Agreement, subject to State funding each year, shall automatically be 23 extended for (4) additional twelve (12) month periods upon the same terms and conditions herein set 24 forth, unless written notice of non-renewal is given by COUNTY or CONTRACTOR or COUNTY's - 1 - DBH Director or designee, not later than sixty (60) days prior to the close of the current Agreement term. This agreement shall be extended for one (1) additional six (6) month period effective July 1,2015 through December 31,2015." 2. That the existing COUNTY Agreement, Page Three (3), Section Four (4), beginning with LineTwenty-three (23), with the number "4," and ending on Page Five (5), Line Six (6) with the word "CONTRACTOR,"be deleted in its entirety and replaced with the following: "4.COMPENSATION The maximum contract amount under this Agreement for the initial term, (January 10,2011 through June 30,2011)shall not exceed One Million Nine HundredThirtySeven Thousand Four Hundred Five and No/100 Dollars ($1,937,405.00). The maximum amount for the first period of automatic renewal (July 1,2011 through June 30, 2012) shall not exceed Three Million Eight Hundred Nineteen Thousand Six Hundred Nineteen and No/100 Dollars ($3, 819,619.00). The maximum amount for the second period of automatic renewal (July 1,2012 throughJune30, 2013) shall not exceed ThreeMillion Eight Hundred Sixty Thousand Eight Hundred Seventy and No/100 Dollars ($3, 860, 870.00). The maximum amount for the third period of automatic renewal (July 1,2013 through June 30,2014)shallnot exceed Three MillionNine Hundred Two Thousand Seven Hundred Seventy Five and No/100 Dollars ($3, 902, 775.00). The maximum amount for the fourth period of automatic renewal (July 1, 2014 through June30,2015)shallnot exceedThreeMillionNine Hundred Forty Seven Thousand Four Hundred Seventy Five and No/100 Dollars ($3,947, 475.00). The maximum amount for the fifth period of renewal (July 1,2015 through December 31,2015)shallnotexceedTwo MillionFour Thousand One Hundred ThirtySevenand No/100 Dollars ($2,004,137.00). A. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.If CONTRACTOR fails to comply with any provision ofthis Agreement,COUNTY shall be relieved ofits obligation for further compensation. B.Payments shallbe madeby COUNTY to CONTRACTOR in arrears,for services provided during the preceding month,within forty-five (45)days after the date of receipt by COUNTY ofthe monthly invoicing as described in Section Five(5)herein,it shall be deemedsufficientcause for COUNTYto withholdpayments until there is compliance, as further described in SectionFive(5)herein.Payments shallbe madeafterreceiptand verification of actual expenditures incurred by CONTRACTOR in the performance ofthis Agreement and shall be documented to COUNTY on a monthly basis by the tenth (10th)of the month following the month of said expenditures. C. COUNTY shall not be obligated to make any payments under this Agreement ifthe request for payment is received by COUNTY more than sixty (60)days after this Agreementhas terminated or expired. D.Any compensation not consumed by expenditures of CONTRACTOR bythe expiration or termination dateof this Agreement shallbe remittedto COUNTY withinsixty(60)daysof expiration or termination. E.COUNTY agrees topay CONTRACTOR and CONTRACTOR agrees to receive compensation based upon actual expenditures incurred by CONTRACTOR for monthly program costs, in accordance withthe budget identified in Revised Exhibit B attached hereto andbythis reference incorporated herein. F.Contractor shall be held financially liable for any and all future disallowances/audit exceptions due to CONTRACTOR'S deficiency discovered through the State audit process.At COUNTY'S election,the disallowed amount will be remitted within forty-five (45)days to COUNTY upon notification or shall be withheld from subsequent payments to CONTRACTOR." COUNTY and CONTRACTOR agree that this Amendment II is sufficient to amend the Agreement and,that upon execution of this Amendment II,the Agreement,Amendment I,and this -3- Amendment II together shall be considered the Agreement. The Agreement,as hereby amended,is ratified and continued.All provisions,terms,covenants, conditions and promises contained inthe Agreement and not amended herein shall remain in full force and effect. 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 9 /// 20 /// 21 22 23 24 4- EXECUTED AND EFFECTIVE as of the date first above set forth 2 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 4 ATTEST: 5 CONTRACTORS: COUNTY OF FRESNO: 6 9 10 11 (So._( { 12 13 14 15 16 17 18 19 20 21 22 23 24 Mailing Address DATE: By~~~~~~~~~~ Deborah A. Poochigian, Chairman Board of Supervisors BERNICE E. SEIDEL, Clerk Board of Supervisors PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION -5- APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG,COUNTY COUNSEL By APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A.,AUDITOR -CONTROLLER/ TREASURER -TAX COLLECTOR By [ILL ^ REVIEWED AND RECOMMENDED FOR APPROVAL: By Dawan Utecht,Director Department of Behavioral Health Fund/Subclass:0001/10000 Organization:56302490 Account/Program:7294/0 FY 2015/16:$2,004,137.00 Acute Inpatient Psychiatric Services (16 bed PHF) Crestwood Fresno PHF Budget-July 1,2015 through December 31,2015 (6 months) Budget Categories -Revised Budget(6 Month) Line Item Description (Must be itemized)FTE%Admin.Direct Total PERSONNEL SALARIES: 0001 Administrator $0.50 $25,750.00 $25,750.00 0002 Clinical Director $1.00 S 23,175.00 $23,175.00 $46,350.00 Program Director $1.50 $23,175.00 $23,175.00 S 46,350.00 Billing clerk $1.00 $36,000.00 $-$36,000.00 0003 Licensed Mental Health Professional $1.50 $64,375.00 $64,375.00 0004 Nursing Supervisor $1.00 $28,325.00 $28,325.00 0005 LVN/LPT $6.00 $203,425.00 $203,425.00 0006 Non-licensed Case Managers $2.00 $-$- 0007 Mental Health Counselor $5.00 $144,200.00 $144,200.00 0008 Peer Provider/Family Partner $2.00 $-$- 0009 Administrative Asst/QA $1.00 $15,450.00 $15,450.00 0010 Dietary and Laundry $2.00 $56,650.00 $56,650.00 Recreation Therapist $0.50 $38,625.00 S 38,625.00 0011 Psychiatrist $1.00 $278,100.00 $278,100.00 0012 Maintenance Staff $0.50 $25,750.00 SALARY TOTAL $26.50 $108,100.00 $901,250.00 $983,600.00 PAYROLL TAXES: 0030 OASDI $0.01 $538.80 $3,053.20 S 3,592.00 0031 FICA/MEDICARE $0.09 $7,785.30 $44,116.70 $51,902.00 0032 U.I.$0.01 $627.37 $3,555.13 S 4,182.50 PAYROLL TAX TOTAL $8,951.47 $50,725.03 $59,676.50 EMPLOYEE BENEFITS: 0040 Retirement $- 0041 Workers Compensation $0.09 $14,048.62 $115,398.00 $64,723.50 0042 Health Insurance (medical vision,$21,842.02 $179,416.62 S 100,629.50 0043 VHS,Education Orientation,Other EE Benefits $20,367.39 $167,303.56 $83,652.00 EMPLOYEE BENEFITS TOTAL $56,258.03 $462,118.18 $249,005.00 SALARY &BENEFITS GRAND TOTAL $1,292,281.50 FACILITIES/EQUIPMENT EXPENSES: 1010 Rent/Lease Building 1011 Rent/Lease Equipment 1012 Utilities 1013 Janitorial Exhibit B-5 (a)Page 2 of 3 62,364.50 124,802.00 Revised Exhibit B Page 1 of 3 Acute Inpatient Psychiatric Services (16 bed PHF) Crestwood Fresno PHF Budget- July 1,2015 through December 31,2015 (6 months |1014 Maintenance (facility) 1015 Security 1016 Maintenance (durable medical equipment) 1017 Other 1018 Other FACILITY/EQUIPMENT TOTAL OPERATING EXPENSES: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1060 Telephone 1061 Fax Solution 1062 Postage 1063 Printing/Reproduction 1064 Publications 1065 Legal 1066 Office Supplies &Equipment 1067 Household Supplies 1068 Food 1069 Program Supplies -Therapeutic 1070 Program Supplies -Medical/Nursing 1071 Transportation of Clients 1072 Staff Mileage/vehicle maintenance 1073 Staff Travel (Out of County) 1074 Staff Training/Registration 1075 Lodging 1076 Other -Provide Brief Description -$3,333/month Margin Error 1077 Other -Provide Brief Description 1078 Interest-Business License OPERATING EXPENSES TOTAL n FINANCIAL SERVICES EXPENSES: 1080 Accounting/Bookkeeping 1081 External Audit 1082 Liability Insurance 1083 Other -Administrative Overhead FINANCIAL SERVICES TOTAL 5,330.50 58,137.50 250,634.50 2,387.50 1,722.50 1,923.00 1,276.00 346.50 729.50 13,345.50 1,927.00 15,767.50 1,029.50 8,305.00 1,652.50 1,652.50 961.50 1,280.50 4,962.00 59,268.50 9,587.00 31,023.50 274,752.31 315,362.81 SPECIAL EXPENSES (Consultant/Etc.;Revised Exhibit B-5 (a) E Page 3 of3 1087 Consultant 1088 Translation Services 1089 Medication Supports 2,665.00 3,294.00 6,293.00 Revised Exhibit B Page 2 of 3 1090 Food Service 1091 Laundry service 1092 Medical Waste Disposal 1093 Nutritionist Services 1094 X-ray and EKG services 1095 Pharmaceutical Consultant 1096 Medical Services 1097 Other 1098 Other Acute Inpatient Psychiatric Services (16 bed PHF) Crestwood Fresno PHF Budget- July 1,2015 through December 31,2015 (6 months) SPECIAL EXPENSES TOTAL II FIXED ASSETS: 2000 Computers &Software 2001 Furniture &Fixtures 2002 Other 2003 Other -Remodel Refurbishing FIXED ASSETS TOTAL TOTAL PROGRAM EXPENSES 1,059.50 7,959.50 1,026.00 1,545.50 1,016.00 9,597.00 40,471.50 1,663.00 76,590.00 $2,000 $8,000 $0 $0 $10,000 $2,004,137 Revised Exhibit B Page 3 of 3