HomeMy WebLinkAbout15289 1 AGREEMENT
2 THIS AGREEMENT is made and entered into this llth day of January
r
3 2005 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as"COUNTY", and QUALITY GROUP HOMES,INC., a California non-
5 profit corporation, whose address is 4928 East Clinton, Suite No. 108, Fresno, CA 93727, hereinafter
6 referred to as "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, COUNTY, through its Department of Children and Family Services (DCFS) is in
9 need of dedicated emergency crisis beds at Rate Classification Level (RCL) 12 as well as additional
10 specialized professional services, as specified in this Agreement, for seriously emotionally disturbed
11 youth hereinafter referred to as "youth"; and
12 WHEREAS, CONTRACTOR, is qualified and is willing to provide such services pursuant to
13 the terms and conditions of this Agreement.
14 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
15 hereto agree as follows:
16 1. SERVICES
17 In addition to services and responsibilities identified in Exhibit A, attached hereto and
18 incorporated herein by reference, CONTRACTOR shall perform all services and fulfill all
19 responsibilities, as identified in COUNTY's Request for Proposal (RFP)No. 952-3963, dated April
20 30, 2004, and Addendum No. One (I), dated May 19, 2004, herein after collectively referred to as
21 COUNTY's RFP No. 952-3963 and CONTRACTOR's response to said RFP, dated May 20, 2004, all
22 incorporated herein by reference and made part of this Agreement.
23 In the event of any inconsistency among these documents, the inconsistency shall be
24 resolved by giving precedence in the following order of priority: 1) to this Agreement, including all
25 Exhibits, attached hereto, 2) to the RFP, 3)to the Response to RFP. A copy of COUNTY's RFP No.
26 952-3963, and CONTRACTOR's response, shall be retained and made available during the term of
27 this Agreement by COUNTY's DCFS Contract Administration.
28
1 - CQ ZY CF FFE30
Fr esno, CA
I
1 2. GOALS AND OBJECTIVES
2 A. To significantly reduce and/or eliminate admissions to acute psychiatric
3 facilities for seriously emotionally disturbed (SED) youth, male or female, ages 6 and older.
4 B. To return youth treated in CONTRACTOR's dedicated crisis bed
5 facilities to their own homes, specialized foster homes, or majority Iiving status outside an institution,
6 within a sixty (60) day period of time from the date of first admission.
7 C. The overall goal of both parties to this Agreement is to serve emotionally
8 disturbed children and to treat them as effectively as possible in the shortest period of time possible
9 and return them to their family and home community as more functional, better integrated, and more
10 productive individuals.
11 3. ADMISSION POLICIES
12 The population to be served is seriously emotionally disturbed (SED) youth,
13 male or female, ages six (6) and older, at risk of admission to acute psychiatric facilities.
14 A. All referrals to CONTRACTOR's facilities under this Agreement shall be
15 processed through COUNTY, Department of Children and Family Services. Such placements through
16 the COUNTY, Department of Children & Family Services shall constitute eligibility for compensation
17 at the provider's daily rate(s), as defined in Section 6 of this Agreement.
18 B. Referral recommendations shall be submitted by COUNTY's DCFS
19 Children's Crisis Assessment, Intervention and Resolution (CCAIR) Division Manager, or designee.
20 C. The final admission decision shall rest with CONTRACTOR.
21 D. If admission is denied COUNTY's DCFS CCAIR Division Manager, or
22 designee shall be notified of the reasons for denial within one(1) business day. The denial shall
23 include recommendations for alternative placement.
24 E. Policies and procedures for admission shall be written by
25 CONTRACTOR based on this Agreement. Said policies and procedures shall include a provision that
26 clients are accepted for care without discrimination on the basis of race, color, religion, sex, national
27 origin, or physical or mental handicap.
28
2 - aQ.NtY tF FtE90
Fr esno. M
1 4. TERM
2 This Agreement shall become effective on the 1 Ith day of January 2005 and shall
3 terminate on the 30th day of June 2005.
4 This Agreement shall automatically be extended for two (2) additionaI twelve (12)
5 month periods upon the same terms and conditions herein set forth, unless written notice of non-
6 renewal is given by CONTRACTOR or COUNTY'S DCFS Director, or designee, or COUNTY not
7 later than sixty (60) days prior to the close of the current Agreement term.
8 5. TERMINATION
9 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
10 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
11 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
12 terminated at any time by giving the CONTRACTOR thirty (30) days advance written notice.
13 B. Breach of Contract - COUNTY may immediately suspend or terminate this
14 Agreement in whole or in part, where in the determination of COUNTY there is:
15 1) An illegal or improper use of funds;
16 2) A failure to comply with any term of this Agreement;
17 3) A substantially incorrect or incomplete report submitted COUNTY;
18 4) Improperly performed service.
19 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
20 breach of this Agreement or any default that may then exist on the part of CONTRACTOR. Neither
21 shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach
22 or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY
23 of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
24 COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
25 promptly refund any such funds upon demand or at COUNTY's option such repayment shall be
26 deducted from future payments owing to CONTRACTOR under this Agreement.
27 C. Without Cause - Under circumstances other than those set forth above, this
28 Agreement may be terminated by either CONTRACTOR or COUNTY or COUNTY'S DCFS Director
3 - 03 Y cF FfEEo
Fresno, M
1 or designee, upon the giving of thirty(30) days advance written notice of an intention to terminate.
2 6. COMPENSATION
3 A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
4 compensation at the current Rate Classification Level (RCL) 12 of Five Thousand Six Hundred
5 Thirteen and No/100 Dollars ($5,613.00) per month or proration thereof, per dedicated bed, regardless
6 of occupancy.
7 B. In the event that COUNTY requests the delivery of wrap services,
8 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the
9 rate of Twenty Two and No/100 Dollars ($22.00) per hour of delivered wrap service. Wrap service
10 delivery is not to exceed Twelve Thousand Three Hundred Eighty Nine and No/100 Dollars
11 ($12,389.00) for the period of January 11, 2005 through June 30, 2005. Wrap service delivery shall not
12 exceed Twenty Six Thousand Three Hundred Thirty Four dollars and No/100 Dollars ($26,334.00)
13 during each of the subsequent twelve (12) month periods of this Agreement.
14 C. For the period of January 11, 2005 through June 30, 2005, in no event shall
15 Services performed under this Agreement be in excess of One Hundred Seven Thousand Four Hundred
16 Forty Eight and No/100 Dollars ($107,448.00). In no event shall services performed under this
17 Agreement be in excess of Two Hundred Twenty Eight Thousand Four Hundred Two and No/100
18 DolIars ($228,402.00) during the subsequent twelve (12)month periods of this Agreement.
19 D. Any services rendered by CONTRACTOR which are reimbursed to
20 CONTRACTOR by third party payors, such as AFDC, Medicare, Medi-Cal, or other sources, shall not
21 be billed to COUNTY. Any such revenue collected shall be credited against charges to COUNTY. In
22 determining charges and fiscal relief to COUNTY in the event CONTRACTOR receives third party
23 revenue, a day shall be defined as any portion of a twenty four(24) hour day beginning at 8:00 a.m. and
24 ending at 7:59 a.m. the following day.
25 E. It is acknowledged by all parties hereto that said rate(s) may change during the
26 term of this Agreement and that COUNTY's DCFS Director, or designee may approve such rate
27 changes. However, said rate changes shall not result in any change to the maximum compensation paid
28 w
- 4 - oa.NTY CF FR35N7
Fr esno. CA
1 under his Agreement. It is understood that all expenses incidental to CONTRACTOR's performance of
2 services under this Agreement shall be borne by CONTRACTOR.
3 F. Payments by COUNTY shall be in arrears, for services provided during the
4 preceding month, within forty-five (45) days after receipt and verification of CONTRACTOR's
5 invoices by COUNTY. If CONTRACTOR should fail to comply with any provision of this
6 Agreement, COUNTY shall be relieved of its obligation for further compensation.
7 7. INVOICING
8 CONTRACTOR shall invoice COUNTY monthly, in triplicate, by the tenth (IOth) of
9 each month, for the prior month's expenses, addressed to the Department of Children and Family
10 Services, 3147 N. Millbrook, Fresno, CA 93703, Attention: Children's Crisis Assessment,
11 Intervention and Resolution (CCAIR) Division Manager. Invoices for services provided during the
12 preceding month shall include client information as identified in Exhibit B attached hereto and
13 incorporated herein by reference.
14 8. INDEPENDENT CONTRACTOR
15 In performance of the work, duties, and obligations assumed by CONTRACTOR under
16 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
17 CONTRACTOR's officers, agents. and employees will at all times be acting and performing as an
18 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
19 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have
20 no right to control or supervise or direct the manner or method by which CONTRACTOR shall
21 perform its work and function. However, COUNTY shall retain the right to administer this
22 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
23 terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable
24 provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction
25 over matters which are directly or indirectly the subject of this Agreement.
26 Because of its status as an independent contractor, CONTRACTOR shall have
27 absolutely no right to employment rights and benefits available to COUNTY employees.
28 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
- 5 - Oa rY CF FFERso
Ft es no, G4
1 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
2 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
3 including compliance with Social Security, withholding, and all other regulations governing such
4 matters. it is acknowledged that during the term of this Agreement, CONTRACTOR may be
5 providing services to others unrelated to the COUNTY or to this Agreement.
6 9. MODIFICATION
7 Any matters of this Agreement may be modified from time to time by the written
8 consent of all the parties without, in any way, affecting the remainder.
9 Notwithstanding the above, minor changes such as changes in the addresses to which
10 notices or invoices are sent, may be made with the mutual written approval of COUNTY'S DCFS
11 Director or designee and CONTRACTOR; changes to rate(s) can be made in accordance to Paragraph
12 Six (6) of this Agreement.
13 I0. NON-ASSIGNMENT
14 Neither of the parties shall assign, transfer or sub-contract this Agreement nor their
15 rights or duties under this Agreement without the prior written consent of the other party.
16 11. HOLD-HARMLESS
17 CONTRACTOR agrees to indemnify, save, and hold harmless COUNTY, its officers,
18 agents and employees from any and all costs and expenses, including attorney fees and court costs,
19 damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the
20 performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under this
21 Agreement, and from any and all costs and expenses, including attorney fees and court costs, damages,
22 liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be
23 injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents
24 or employees under this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for
25 Federal, State of California and/or local audit exceptions resulting from noncompliance herein on the
26 part of the CONTRACTOR.
27 111
28
6 - CaMY ff FFES�D
Fr esno, 0%
1 12. INSURANCE
2 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
3 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
4 following insurance policies throughout the term of this Agreement:
5 A. Commercial General Liabi"t
6
7 Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
8 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
9 product liability, contractual liability, Explosion, Collapse, and Underground
10 (XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
11
12 B. Automobile Liability
13 Comprehensive Automobile Liability Insurance with limits for bodily injury of
14 not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars (S500,000) per accident and for property damages of
15 not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
16 should include owned and non-owned vehicles used in connection with this
17 Agreement.
18 C. Professional Liability
19 If CONTRACTOR employs Iicensed professional staff(e.g. Ph.D., R.N.,
20 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
21 Million Dollars ($3,000,000) annual aggregate.
22 D. Worker's Compensation
23
A policy of Worker's Compensation Insurance as may be required by the
24 California Labor Code.
25 CONTRACTOR shall obtain endorsements to the Commercial General Liability
26 insurance naming the County of Fresno, its officers, agents, and employees, individually and
27 collectively, as additional insured, but only insofar as the operations under this Agreement are
28 concerned. Such coverage for additional insured shall apply as primary insurance and any other
- 7 - oowrY CF FFESD
Fr esno, ON
1 insurance, or self-insurance, maintained by the COWTY, its officers, agents and employees shall be
2 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein.
3 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
4 written notice given to COUNTY.
5 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
6 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
7 foregoing policies, as required herein, to the County of Fresno, 2011 Fresno Street, 3`d Floor, Suite
8 301, Fresno, California, 93721, Attention: Contracts Section, stating that such insurance coverages
9 have been obtained and are in full force; that the County of Fresno, its officers, agents and employees
10 will not be responsible for any premiums on the policies; that such Commercial General Liability
11 insurance names the County of Fresno, its officers, agents and employees, individually and
12 collectively, as additional insured, but only insofar as the operations under this Agreement are
13 concerned; that such coverage for additional insured shall apply as primary insurance and any other
14 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees, shall be
15 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein;
16 and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days
17 advance, written notice given to COUNTY.
18 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
19 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
20 this Agreement upon the occurrence of such.event.
21 All policies shall be with admitted insurers licensed to do business in the State of
22 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
23 of B+ FSC VIII or better.
24 13. RECORDS
25 CONTRACTOR shall maintain all records on youth admissions, services, discharge
26 plans, progress notes and medical information. CONTRACTOR shall allow COUNTY to review all
27 records, upon request. In addition, CONTRACTOR shall maintain daily census records and send
28 same to COUNTY's Children's Crisis Assessment, Intervention and Resolution (CCAIR) Division
- 8 - 03-NrY ff FiESNO
Fresno, CA
1 Manager on a monthly basis. CON'f RACTOR shall maintain said records for at least seven (7) years.
2 CONTRACTOR shall maintain ownership of said records upon the term 1 nation/ex piration of this
3 Agreement.
4 14. REPORTS
5 CONTRACTOR shall submit to COUNTY within ten (10) calendar days all fiscal and
6 Program Reports for the preceding month. CONTRACTOR shall also furnish to COUNTY such
7 statements, records, reports, data, and other information as COUNTY may request pertaining to
8 matters covered by this Agreement. In the event that CONTRACTOR fails to provide such reports or
9 other information required hereunder, it shall be deemed sufficient cause for COUNTY to withhold
10 monthly payments until there is compliance. In addition, CONTRACTOR shall provide written
11 notification and explanation to the COUNTY within five (5) days of any funds received from another
12 source to conduct the same services covered by this Agreement.
13 15. MONITORING
14 CONTRACTOR agrees to extend to COUNTY's DCFS Director and the State of
15 California Department of Mental Health, or their designees, the right to review and monitor records,
16 programs or procedures, at any time, in regard to clients, as well as the overall operation of
17 CONTRACTOR programs, in order to ensure compliance with the terms and conditions of this
18 Agreement.
19 16. LICENSURE
20 CONTRACTOR shall ensure the State of California, Department of Social Services
21 classifies its facility at RCL 12, during the entire term of this Agreement. Further, CONTRACTOR
22 shall ensure that the Mental Health Clinician providing and/or supervising services under this
23 Agreement meets the State of California, Department of Mental Health's criteria for a RCL 12 facility
24 during the entire term of this Agreement. CONTRACTOR's licensed staff shall validate license(s)
25 upon request by COUNTY.
26 17. COMPLIANCE WITH STATE REQUIREMENTS
27 CONTRACTOR recognize that COUNTY operates its DCFS mental health system
28 under an agreement with the State of California Department of Mental Health, and that under said
- 9 - COUN Y OF GSM
_resno, ;A
1 agreement the State of California imposes certain requirements on the COUNTY and its
2 subcontractors. CONTRACTOR shall comply with State of California and Federal laws, rules and
3 regulations regarding confidentiality of medical and mental health records. CONTRACTOR shall
4 adhere to the State of California requirements identified in Exhibit C attached hereto and by this
5 reference incorporated herein.
6 18. REFERENCE TO LAWS AND RULES
7 In the event any law, regulation, or policy referred to in this Agreement is amended
8 during the term hereof, the parties agree to comply with the amended provisions as of the effective date
9 of such amendment.
10 19. LIMITED ENGLISH PROFICIENCY
11 CONTRACTOR shall provide interpreting and translation services to persons
12 participating in CONTRACTOR's services who have limited or no English language proficiency,
13 including services to persons who are deaf or blind. Interpreter and translation services shall be
14 provided as necessary to allow such participants meaningful access to the programs, services and
15 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
16 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
17 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
18 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
19 partners who interpret or translate for a program participant, or who directly communicate with a
20 program participant in a language other than English, demonstrate proficiency in the participant's
21 language and can effectively communicate any specialized terms and concepts peculiar to
22 CONTRACTOR's services.
23 20. CONFIDENTIALITY
24 All services performed by CONTRACTOR under this Agreement shall be in strict
25 conformance with all applicable Federal, State of California and/or local laws and regulations relating
26 to confidentiality
27
28
10 - CD-NrY CF FFE&D
Fr es no,
1 21. AUDITS AND INSPECTIONS
2 The CONTRACTOR shall at any time during business hours, and as often as the
3 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and
4 data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request
5 by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to
6 ensure CONTRACTOR's compliance with the terms of this Agreement.
7 If this Agreement exceeds Ten Thousand and No/I00 Dollars ($10,000.00),
8 CONTRACTOR shall be subject to the examination and audit of the State Auditor General for a
9 period of three (3) years after final payment under contract (California Government Code section
10 8546.7).
11 22. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
12 To the extent necessary to prevent disallowance of reimbursement under section 1861(v)
13 (1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(1)[I]), until the expiration of four (4)
14 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
15 upon written request to the Secretary of the United States Department of Health and Human Services,
16 or upon request to the Comptroller General of the United States General Accounting Office, or any of
17 their duly authorized representatives, a copy of this Agreement and such books, documents, and
18 records as are necessary to certify the nature and extent of the costs of these services provided by
19 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
20 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
21 or cost of Ten Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12) month period,
22 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
23 of four (4) years after the furnishing of such services pursuant to such subcontract, the related
24 organizations shall make available, upon written request to the Secretary of the United States
25 Department of Health and Human Services, or upon request to the Comptroller General of the United
26 States General Accounting Office, or any of their duly authorized representatives, a copy of such
27 subcontract and such books, documents, and records of such organization as are necessary to verify
28 the nature and extent of such costs.
11 - tS Nry tF FFES�D
Fresno, (A
1 23. SINGLE AUDIT CLAUSE
2 A. If CONTRACTOR expends Five Hundred Thousand Dollars ($500,000.00) or
3 more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual audit
4 in accordance with the requirements of the Single Audit Standards as set forth in Office of
5 Management and Budget (OMB) Circular A-133, and A-122. CONTRACTOR shall submit said
6 audit and management letter to COUNTY. The audit must include a statement of findings or a
7 statement that there were no findings. if there were negative findings, CONTRACTOR must include a
8 corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to
9 correct any material non-compliance or weakness found as a result of such audit. Such audit shall be
10 delivered to COUNTY's Department of Children and Family Services, Administration, for review
11 within nine (9) months of the end of any fiscal year in which funds were expended and/or received for
12 the program. Failure to perform the requisite audit functions as required by this Agreement may result
13 in COUNTY performing the necessary audit tasks, or at COUNTY's option,
14 contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY
15 to enter into future agreements with CONTRACTOR. All audit costs related to this Agreement are
16 the sole responsibility of CONTRACTOR.
17 B. A single audit report is not applicable if all CONTRACTOR's Federal contracts
18 do not exceed the Five Hundred Thousand Dollars ($500,000.00) requirement or CONTRACTOR's
19 only funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit
20 must be performed and a program audit report with management letter shall be submitted by
21 CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's solvency.
22 Said audit report shall be delivered to COUNTY's Department of Children and Family Services,
23 Administration, for review no later than nine (9)months after the close of the fiscal year in which the
24 funds supplied through this Agreement are expended. Failure to comply with this Act may result in
25 COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform
26 said audit. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR
27 who agrees to take corrective action to eliminate any material noncompliance or weakness found as a
28 result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the
- 12 - oam o= RESM
Fr esno.
1 CONTRACTOR at COUNTY cost, as determined by COUNTY's Auditor-Controller/Treasurer-Tax
2 Collector.
3 C. CONTRACTOR shall make available all records and accounts for inspection by
4 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the
5 Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a
6 period of at least three (3) years following final payment under this Agreement or the closure of all
7 other pending matters,whichever is later.
8 24. NOTICES
9 The persons having authority to give and receive notices under this Agreement and their
10 addresses include the following:
11 COUNTY CONTRACTOR
12 Director, Fresno County Chief Executive Officer
13 Department of Children Quality Group Homes, Inc.
and Family Services 4928 East Clinton, Suite 108
14 2011 N. Fresno Street, 3rd Floor Fresno, CA 93727
Fresno, CA 93 721
15
16 Any and all notices between the COUNTY and the CONTRACTOR provided for or
17 permitted under this Agreement, or by law, shall be in writing and shall be deemed duly served when
18 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
19 United States Mail, postage prepaid, addressed to such party.
20 25. GOVERNING LAW
21 The rights and obligations of the parties and all interpretation and performance of this
22 Agreement shall be governed in all respects by the laws of the State of California.
23 26. ENTIRE AGREEMENT
24 This Agreement, including RFP No. 952-3963, CONTRACTOR'S response thereto, and
25 all Exhibits attached to this Agreement, constitutes the entire agreement between the CONTRACTOR
26 and COUNTY with respect to the subject matter hereof and supersedes all previous agreement
27 negotiations, proposals, commitments, writings, advertisements, publications, and understandings of
28 any nature whatsoever unless expressly included in this Agreement.
- 13 - OaNN CF FFENJ
Fresno, CA
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
2 year first herein above written.
3 ATTEST:
4 CONTRACTOR: COUNTY OF FRESNO
5 QUALI Y GROUPOHOM , INC.
6 By
Cha'tAN
n, Boar of Supervisors
7 Print Name:
$ . U Date: 112005
Title: �• - _
9 Chairman of the Board, or
14 President, or any Vice President
11 Date: BERNICE E. SEIDEL, Clerk
Board of Supervisors
12
13 By
CQ
14 Print Name: By
15 Title: Date: JAN 112005
16 Secretary ((;f orpor on), or
any Assistant Secretary, or
17 Chief Financial Officer, or
any Assistant Treasurer
18
19 Date: 146 d PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
24 Tax I.D.No.: 77-0027824
21 Mailing Address:
22 4928 East Clinton, Suite 108
Fresno, CA 93727
23 Phone No.: (559) 252-6844
Contact: CEO
24
25
26
27
28
- 14 - oaNry CF FFESD
Fresno, CA
1 APPROVED AS TO LEGAL FORM:
2 DENNIS A. MARSHAL, COUNTY COUNSEL
3 /
4 By Date:
5 APP OVED AS TO ACCOUNTING FORM:
6 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
7
8
9 By �",_ Date: /a -Q �l _
10 REVIEWED AND RECOMMENDED
11 FOR APPROVAL:
12
13 By ��_� Date:
14 G D. Zomalt, Directkes
hildren and Family Se
15
16
17
18
19
20
Fund/Subclass: 0001/10000
21 Organization: 56402242
22 Account/Program: 7295/0
23
24
25
26
JR
27
28
- S5 - caNTY ff FRES�D
Fr esno, CA
Exhibit A
Page l of 2
SCOPE OF WORK
Responsibilities of CONTRACTOR:
1. Provide Placement availability: 24 hours a day, 7 days a week.
2. Demonstrate articulation of plans that streamline the integration into the minor's
new environment through peer mentoring/buddy system so that they will
integrate into the milieu (placement setting). This plan will take into consideration
the minors unique needs.
3. Provide established daily structure (by shift and includes weekend activities) that
provides stabilization and promotes return to baseline functioning.
4. Provide established group home point system or similar behavioral plan that
allows for some flexibility dependent upon the individual treatment plan.
5. Provide ability to convene a case conference within five (5) business days of
placement. The ability to conference at least weekly to evaluate progress, and if
additional mental health services are necessary, a staffing will be called with
CONTRACTOR staff and DCFS staff.
6. Provide established system which describes how a minor is engaged to prevent
Away Without Leave (AWOL) and how they are encouraged to integrate into the
structure of the group home. Possess active discharge planning to a lower level
of care that includes gradual transition plans.
7. Provide 24-hour-a-day 7-day-2-week telephone availability of an Administrator
and house manager.
8. Provide a willingness to accept a minor who may be prescribed psychotropic
Medications.
9. Provide three (3) dedicated Mental Health Crisis Beds (monthly) meeting the
following descriptions:
BED 1
Designated for females over the age of twelve (12)
BED 2
Designated for males over the age of twelve (12)
Exhibit A
Page 2 of 2
BED 3
Designated for either a male or female, ages six (6)to twelve (12)
The 6-12 bed (BED 3)may be located in a FFA (Foster Family Agency) or other
structured setting if sufficient services can be added when necessary. if the FFA
or similar setting is proposed, the additional structure may not exceed the
monthly rate as established in paragraph six (6) of this Agreement.
The term dedicated is not intended to limit flexibility in the contract_ For
instance if we have a 12 year old boy in a crisis bed placement and a second
boy is in need of a similar service, It would be preferable that we would be
able to place the 2nd boy rather than leave a "female " bed unoccupied.
10. CONTRACTOR shall request in writing from the Director of Children and Family
Services, or designee, permission to place any non-Fresno County placed clients
in any of the three dedicated mental health crisis beds designated for Fresno
County prior to actually placing any non-Fresno County placed client. The written
document shall include the entry date of the non-Fresno County placed client, the
exit date of the non-Fresno County placed client, and a subtraction of charges
(fiscal relief) for the respective monthly invoice for the time that the bed(s) was
used by a non-Fresno County placed client.
11. Make available an Admission and placement process mutually agreed to by
COUNTY staff and CONTRACTOR staff to include admission criteria, discharge
criteria, and a screening referral form.
12. Submission of monthly reports in accordance with Exhibit B.
13. Have an understanding that any additional mental health or health services will be
billed to Medi-cal or private insurance as appropriate.
14. Have an understanding that the operational definition of wrap services shall be
real time intervention consisting of one to one interaction. Wrap services shall
consist of supervision based on excessive behaviors not maintainable by normal
Level 12 servicing.
15. Have an understanding that although wrap services may be requested by the
CONTRACTOR or the COUNTY'S DCFS Division Manager; wrap services shall
be authorized by the COUNTY'S DCFS Division Manager on a case by case
basis. The CONTRACTOR shall forward requests for wrap services to the
COUNTY'S DCFS Division Manager by communicating via telephone or
facsimile, and the COUNTY S DCFS Division Manager shall notify
CONTRACTOR of request for wrap services by communicating via telephone or
facsimile. COUNTY'S DCFS Division Manager to coordinate requested start and
end date of wrap service delivery with CONTRACTOR. CONTRACTOR to
document wrap service delivery through the use of Exhibit B.
Exhibit B
Page 1 of 1
MONTHLY REPORT
Name Social Date of Date of Total Hours of Type of AFDC Foster Amount
Security Entry Exit Stay in Specialized Specialized Billed Care Billed to
Number days services Services (amount Billed Fresno
delivered delivered or NA) (amount County
%vra _(wrap) or NA
Exhibit C
Page 1 of 2
f. CONTROL REOUIREMENTS
The COUNTY and its subcontractors shall provide services in accordance with all
applicable Federal and State statutes and regulations.
2. PROFESSIONAL LICENSURE
All (professional level) persons employed by the COUNTY Mental Health
Program (directly or through contract) providing Short-Doyle/Medi-Cal services
have met applicable professional licensure requirements pursuant to Business and
Professions and Welfare and Institutions Codes.
3. CONFIDENTIALITY
A. CONTRACTOR shall comply with applicable laws and regulations,
including but not limited to Section 5328 et seq. of the Welfare and
Institutions Code regarding the confidentiality of patient information.
B. CONTRACTOR shall protect, from unauthorized disclosure, names and
other identifying information concerning persons receiving services
pursuant to this contract, except for statistical information. This pertains
to any and all persons receiving services pursuant to a Department of
Mental Health funded program. CONTRACTOR shall not use such
identifying information for any purpose other than carrying out the
CONTRACTOR's obligations under this contract.
C. CONTRACTOR shall not disclose, except as otherwise specifically
permitted by this contract or authorized by the client/patient, any such
identifying information to anyone other than the County or State without
prior written authorization from the County or State in accordance with
State and Federal laws.
D. For purposes of the above paragraphs, identifying information shall
include, but not be limited to, name, identifying number, symbol, or other
identifying particular assigned to the individual, such as finger or voice
print, or a photograph.
4. NONDISCRIMINATION
A. CONTRACTOR shall not employ any unlawful discriminatory practices
in the admission of patients, assignment of accommodations, treatment,
evaluation, employment of personnel, or in any other respect on the basis
of race, color, gender, religion, marital status, national origin, age, sexual
preference, or mental or physical handicap, in accordance with the
requirements of applicable Federal or State Law.
0506bcfx
Exhibit C
Page 2 of 2
B. During the performance of this contract, CONTRACTOR shall not
unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, mental or physical
handicap, medical condition, marital status, age, or sex. CONTRACTOR shall
comply with the provisions of the Americans with Disabilities Act of 1990, the
Fair Employment and Housing Act (Government Code, Section I2900, et seq.),
and the applicable regulations promulgated thereunder(California Code of
Regulations, Title 2, Section 7285 et seq.). CONTRACTOR shall ensure that the
evaluation and treatment of their employees and applicants for employment are
free of such discrimination. The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code, Section 12990, set
forth in Chapter 5, Division 4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part hereof as if set forth
in full. CONTRACTOR shall give written notice of its obligations under this
clause to labor organizations with which they have a collective bargaining or
other agreement.
C. CONTRACTOR shall comply with the provisions of Section 504 of the
Rehabilitation Act of 1973, as amended, pertaining to the prohibition of
discrimination against qualified handicapped persons in all federally
assisted programs or activities, as detailed in regulations signed by the
Secretary of Health and Welfare Agency, effective June 2, 1977, and
found in the Federal Register, Volume 42, No. 86,dated May 4, 1977.
5. PATIENTS' RIGHTS
CONTRACTOR shall comply with applicable laws and regulations, including but
not limited to, laws, regulations, and State policies relating to patients' rights.
0506bcfx