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Home My WebLink AboutAgreement A-17-377 with Each Provider Listed in Exhibit A.pdf COUNTY OF FRESNO Fresno, CA - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT is made and entered into this ___________ day of __________________, 2017, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY”, and each provider listed in Exhibit A, attached to this Agreement and by this reference incorporated herein, collectively hereinafter referred to as “CONTRACTOR(S)” and such additional Contractors as may, from time to time during the term of this Agreement, be added by COUNTY’s Director, Department of Behavioral Health or designee in accordance with this Agreement. W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Behavioral Health (DBH), has identified a need for individuals with mental health conditions to be placed at licensed residential care facilities that are able to provide a transitional residential services program (TRSP), or a specialized transitional residential services program (STRSP), in accordance with various provisions of the California Welfare and Institutions Code; and WHEREAS, certain CONTRACTORS have the licensed residential care facilities, staff and expertise, to provide TRSP services, or STRSP, services for COUNTY placed clients with a mental health condition; and NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. SERVICES A. CONTRACTOR shall perform all services and fulfill all responsibilities as specified in COUNTY's Request for Statement of Qualification (RFSQ) No. 17-0637 dated March 23, 2017, and CONTRACTORS’ Responses to said RFSQ dated April 17, 2017, all incorporated herein by reference. In the event of any inconsistency among these documents, the inconsistency shall be resolved by giving precedence in the following order of priority: 1) to this Agreement, including all Exhibits, 2) to the RFSQ, 3) to CONTRACTORS’ Responses to the RFSQ. A copy of COUNTY's RFSQ No. 17-067 and CONTRACTORS’ Responses thereto shall be retained and made available during the term of this Agreement by COUNTY's DBH Contracts Division. COUNTY OF FRESNO Fresno, CA - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. APPLICABLE RECORDS A. Case Records: CONTRACTOR(S) shall maintain adequate case records on each individual client which shall include client assessment, individual program plan, and records of services provided by the various professional and para-professional personnel in sufficient detail to make possible an evaluation of services, and contain all the data necessary in reporting to the State, including records of client interviews and progress notes. All such records shall be maintained pursuant to applicable laws concerning confidentiality and, in the case of Mental Health records, California Welfare and Institutions Code, section 5328, et al, and Title 45, Code of Federal Regulations, section 205.50. All case management records shall be considered the property of COUNTY and shall be retained by the COUNTY at the termination of this Agreement. The CONTRACTOR(S) may retain copies of these records at the time of termination if they so choose. All the terms and conditions of this Agreement concerning the confidentiality of such records shall survive such termination of this Agreement and shall continue to apply to such copies of those records retained by CONTRACTOR(S). B. Financial Records: Statistical data shall be kept and reports made as required by COUNTY’S DBH Director and the State of California. C. COUNTY and State of California reserve the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserve the right to authorize others to use or reproduce such materials, unless of a confidential nature. 22. COMPLIANCE WITH STATE REQUIREMENTS CONTRACTOR(S) recognize that COUNTY operates its Department of Behavioral Health under an agreement with the State of California Department of Health Care Services, and that under said agreement the State imposes certain requirements on the COUNTY and its subcontractors. CONTRACTOR(S) shall adhere to all State of California requirements, including those identified in Exhibit F, attached hereto and by this reference incorporated herein. 23. DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION This provision is only applicable if CONTRACTOR(S) is a disclosing entity, fiscal agent, or managed care entity as defined in Code of Federal Regulations (C.F.R), Title 42 § 455.101 COUNTY OF FRESNO Fresno, CA - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 455.104, and 455.106(a)(1),(2). In accordance with C.F.R., Title 42 §§ 455.101, 455.104, 455.105 and 455.106(a)(1),(2), the following information must be disclosed by CONTRACTOR(S) by completing Exhibit G “Disclosure of Ownership and Control Interest Statement”, attached hereto and by this reference incorporated herein and made part of this Agreement. CONTRACTOR(S) shall submit this form to COUNTY’s DBH within thirty (30) days of the effective date of this Agreement. Additionally, CONTRACTOR(S) shall report any changes to this information within thirty-five (35) days of occurrence by completing Exhibit G. Submissions shall be scanned pdf copies and are to be sent via email to COUNTY’s DBH Contracted Services Staff Analyst. 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the CONTRACTOR(S) is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR(S) changes its status to operate as a corporation. Members of the CONTRACTOR(S)’ Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR(S) is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR(S) is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit H and incorporated herein by reference and made part of this Agreement, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 25. AUDITS AND INSPECTIONS The CONTRACTOR(S) shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of their records and data with respect to the matters covered by this Agreement. The CONTRACTOR(S) shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR(S’) compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), COUNTY OF FRESNO Fresno, CA - 19 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any and all notices between the COUNTY and the CONTRACTOR(S) provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to such party. 30. GOVERNING LAW The parties agree that for the purposes of venue, performance under this Agreement is to be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 31. ENTIRE AGREEMENT This Agreement, including all Exhibits, constitutes the entire agreement between the CONTRACTOR(S) and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WI1NESS WHEREOF , the parties hereto have executed this Agreement as of the 2 day and year first hereinabove written . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 26 27 28 ATTEST : CONTRACTORS: SIGNATURE PAGES ATTACHED COUNTY OF FRESNO By: Chairman , Board of Supervisors Date : _ ___.:_~_-___.:_\ --=--\ _--'-\ J~--- BERNICE E . SEIDEL , Clerk Board of Supervisors PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED -2 0 -COUNTY OF FRESNO Frc~n o, C t\ Garden Manor Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2 Garden Manor Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2 The Chimes Home Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2 The Chimes Home Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2 Ruby's Valley Care Home Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2 Ruby's Valley Care Home Description of Services & Rates FY 2017-18 through FY 2020-21 Exhibit C Page 1 of 2