HomeMy WebLinkAboutAgreement A-24-018 Repayment Agreement with CAP.pdf Agreement No. 24-018
PROVIDER RECOUPMENT/REPAYMENT AGREEMENT
This Repayment Agreement("Agreement") is made between Comprehensive Addiction
Programs, Inc. ("PROVIDER") and the County of Fresno ("COUNTY").
RECITALS
A. PROVIDER is a substance use disorder treatment provider currently contracted
with COUNTY to render treatment services to residents of Fresno County through County
Agreement Nos. 23-291, 23-292, and 23-293.
B. PROVIDER received payment from the COUNTY for services rendered during
the period of July 1, 2014 through August 16, 2019 that were subsequently found to be out of
compliance with Title 22 of the California Code of Regulations (CCR) and County Agreement
Nos. 18-690, 18-692 and 18-695. These services were identified during a Site Review conducted
on August 14, 2019 through August 16, 2019.
C. Payments for services rendered are made in advance of Site Reviews and must be
recouped when a deficiency is identified.
D. The parties acknowledge this recoupment is not an admission of fraud or an
intentional misrepresentation on the part of either parry.
E. The parties to this Agreement wish to resolve this matter without recourse to
litigation.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Amount of Pae. PROVIDER will pay the COUNTY the total amount of
$ 538,412.73
2. Method of Payment. PROVIDER will make equal payments until the total
amount due has been received by the COUNTY. The Agreement will take effect on October 1,
2024. A total of 24 equal monthly payments of$ 22,433.86 , with one final payment of
$ 22,433.95 , will begin on October 1, 2024, and will conclude on October 1, 2026, with
the option to extend for an additional 6 months. The repayment will take the form of deductions
from amounts due to PROVIDER for current services rendered under County Agreement Nos.
23-291, 23-292, and 23-293. The COUNTY will also accept payment of the full remaining
amount owing to COUNTY at any time before the termination of this Agreement. PROVIDER
will execute all necessary forms and other documents for withholding the stipulated amount from
payments as noted above. If the PROVIDER terminates existing Agreements with the COUNTY
and the total amount has not been repaid in full, the unpaid balance shall become due and
payable immediately. The COUNTY reserves the right to deduct the unpaid balance from any
final payments due to the PROVIDER on County Agreement Nos. 18-690, 18-692, 18-695, 23-
291, 23-292, and 23-293 or any other agreement between COUNTY and PROVIDER
3. Waiver of Liti_ag tion. The COUNTY agrees not to institute litigation against
PROVIDER for the recovery of any excess payment if PROVIDER complies with the terms of
the Agreement and the schedule of repayments set forth above. PROVIDER, for him/herself and
his/her heirs, executors, administrators, assigns and successors, fully and forever releases,
discharges, and covenants not to sue or otherwise institute or in any way actively participate in or
voluntarily assist in the prosecution of any legal or administrative proceedings against the
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PROVIDER RECOUPMENT/REPAYMENT AGREEMENT
COUNTY with respect to any matter arising out of, connected with or related in any way to the
overpayment set forth in the recitals.
4. Entire Agreement. The parties acknowledge that this Agreement constitutes the
sole agreement in this matter for repayment of disallowed amounts previously paid to
PROVIDER in County Agreement Nos. 18-690, 18-692 and 18-695, that it supersedes any prior
oral or written recoupment/repayment agreements, and that any modifications may only be
affected by a writing signed by all parties to this Agreement. This repayment agreement does not
supersede the underlying County Agreement Nos. 18-690, 18-692 and 18-695.
5. If any provision of this Agreement is found to be unenforceable, then the
remaining provisions shall remain valid and enforceable.
6. Notwithstanding the above, COUNTY reserves the right to extend the length of
time the repayments may occur, not to exceed thirty (30) months from the date this Agreement is
executed, in the event that PROVIDER is unable to continue repayment under the current terms
of the executed Agreement. This modification may be made with the signed written approval of
PROVIDER and COUNTY's DBH Director, or designee, and shall not result in any change to
the balance payable to COUNTY, as stated herein.
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PROVIDER RECOUPMENT/REPAYMENT AGREEMENT
PROVIDER:COMPREHENSIVE COUNTY OF FRESNO:
ADDICTION PROGRAMS,_INC.
Y _.
H Nathan Magsig, hainnan o e Board
v ` - of Supervisors of the County of Fresno
Attest:
Print Name Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno,State of California
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k t� /2!3 - By: 94ajei� Q��
Bate Deputy
By
' Jeff 1�gr�
Print Name
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Date
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FOR ACCOUNTING USE ONLY:
Fund: 0001
j Subclass: 10000
ORO: 56302081
Account:7295
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