HomeMy WebLinkAbout15309 A 405- 006
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this S �' day of a,,w
3 2004, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and DAVIS GUEST HOME, INC., a California for-profit
5 corporation, whose address is 1878 E. Hatch Road, Modesto, CA 95351, hereinafter referred to as
n "CONTRACTOR",
7 WITNF. SSETH:
8 WHEREAS, COUNTY's Department of Behavioral Health (DBH) has determined the need to
9 secure facility beds for Fresno County consumers from State Mental Health Hospitals; and
1 C WHEREAS, CONTRACTOR is able and willing to provide facility beds.
11 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
12 hereto agree as follows:
13 1. SERVICES
14 A. CONTRACTOR agrees to provide all services and responsibilities in accordance
15 to Exhibit A, attached hereto and by this reference incorporated herein.
16 B. In addition, for COUNTY conservatees residing at CONTRACTOR's facility,
17 CONTRACTOR shall notify DBITs Conservatorship Team regarding; health or medication changes or
18 hospitalizations.
19 C. COUNTY shall make every effort to return COUNTY's consumer to their
20 county of origin if a consumer is removed from conservatorship.
21. 2. TERM
22 This Agreement shall become effective on the 1" day of February, 2005 and shall
23 terminate on the 30'"day of June, 2005.
24 3, TERMINATION
25 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
26 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
27 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
28 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
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1 B. Breach of Contract - COUNTY may immediately suspend or terminate this
2 Agreement in whole or in part, where in the determination of COUNTY there is.
3 1) An illegal or improper use of funds,
4 2) A failure to comply with any term of this Agreement,
5 3) A substantially incorrect or incomplete report submitted to COUNTY,
6 4) Improperly performed service
7 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
8 any breach of this Agreement or any default, which may then exist on the part of CONTRACTOR
9 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
10 breach or default COUNTY shall have the right to demand of CONTRACTOR the repayment to
11 COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
12 COUNTY were not expended in accordance with the terms of this Agreement CONTRACTOR shall
13 promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
14 deducted from future payments owing to CONTRACTOR.
15 C Without Cause - Under circumstances other than those set forth above, this
16 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DBH Director or
17 designee upon the giving of thirty (30) days advance written notice of an intention to terminate
18 4. COM PENSATION
19 For transitional resident services, COLJNTY agrees to pay CONTRACTOR and
20 CONTRACTOR agrees to receive a daily rate of Sixty and No/00 Dollars ($60 00) per consumer, in
21 accordance to Exhibit B, attached hereto and by this reference incorporated herein Prior authorization
22 is needed from COUNTY's DBH Director or designee for any consumer needing services beyond rates
23 as stated herein CONTRACTOR will not invoice COUNTY if consumers are Medi-Cal eligible or
24 possess any other health insurance
25 In no event shall total compensation under this Agreement exceed Sixty-Two Thousand
26 Five Hundred and No/100 Dollars ($62,500 00) for the term of this Agreement It is understood that
27 all expenses incidental to CONTRACTOR's performance of services under this Agreement shall be
28 borne by the CONTRACTOR.
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1 Payments by COUNTY shall be in arrears, based on CONTRACTOR's monthly invoice
2 submitted for services provided during the preceding month, within forty-five (45) days after receipt
3 and verification of CONTRACTOR's monthly invoices by COUNTY's DBH In addition, it is
4 understood by CONTRACTOR that after ninety (90) days of the expiration of each term of this
5 Agreement or termination of this Agreement, at the discretion of COUNTY's DBH Director or
6 designee, COUNTY reserves the right to deny payment of any additional invoices received if
CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
8 relieved of its obligation for further compensation
9 5. INVOICING
1 C CONTRACTOR shall invoice COUNTY monthly by the twentieth (20"') of each month,
11 addressed to the Fresno County Department of Behavioral Health, 4441 E Kings Canyon, Fresno, CA
12 93702, Attention Division Manager - Metro Services. Invoices shall include the consumer name
13 date of birth, social security number and dates of stay at CONTRACTOR's facility.
14 In the event that invoices do not meet the standards established in this Agreement or if
15 CONTRACTOR fails to provide reports as requested by COUNTY, it shall be deemed sufl"icient cause
16 for COUNTY to withhold monthly payments until compliance is established. provided if such
1 -7 payment is withheld, it shall be only as to the portion of the invoice and/or billing for the reports that
18 are incorrect or improper according to the standards set forth herein and only after a timely notice of
19 such withholding has been given to CONTRACTOR, which shall not be in excess of five (5) days of
20 such withholding In addition, for invoices received ninety (90) days after the expiration of each term
21 of this Agreement or termination of this Agreement, at the discretion of COUNTY's DBH Director or
22 designee, COUNTY reserves the right to deny payment of any additional invoices received
23 6. INDEPENDENT CONTRACTOR
24 in performance of the work, duties, and obligations assumed by CONTRACTOR under
25 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
26 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
27 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
28 employee, joint venturer, partner, or associate of COUNTY Furthermore, COUNTY shall have no
- 3 - COUNTY OFFRI*SNO
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1 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
2 its work and function However, COUNTY shall retain the right to administer this Agreement so as to
3 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
4 thereof CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
5 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
6 directly or indirectly the subject of this Agreement.
7 Because of its status as an independent contractor, CONTRACTOR shall have
8 absolutely no right to employment rights and benefits available to COUNTY employees
9 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
10 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
11 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
12 including compliance with Social Security, withholding, and all other regulations governing such
13 matters It is acknowledged that during the term of this Agreement, CONTRACTOR may be
14 providing services to others unrelated to the COUNTY or to this Agreement
'-5 7. MODIFICATION
16 Any matters of this Agreement may be modified from time to time by the written
17 consent of all the parties without, in any way, affecting the remainder
18 However, changes to line items in the budget, attached hereto as Exhibit B, and minor
19 changes as determined by COUNTY's DBH Director or designee may be made with the written
20 approval of COUNTY's DBH Director, or designee and CONTRACTOR Minor changes include, but
21 are not limited to changes that will not significantly alter the responsibilities identified in Paragraph
22 One (1) of this Agreement and Exhibit A, and changes in addresses to which notices or invoices are to
23 be sent Any changes to the services or budget line items shall not result in any changes to the
24 maximum compensation
25 8. HOLD-HARMLESS
26 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
27 defend the COUNTY, its officers, agents and employees from any and all costs and expenses,
28 including attorney fees and court costs, damages, liabilities, claims and losses occumng or resulting to
- a - COUNTY Y OF FRESNO
I-m- o.(A
1 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
2 agents or employees under this Agreement, and from any and all costs and expenses, including
3 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
4 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
3 of CONTRACTOR, its officers, agents or employees under this Agreement In addition,
6 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
7 exceptions resulting from noncompliance herein on the part of the CONTRACTOR
A 9. INSURANCE
9 Without limiting the COU TY's right to obtain indemnification from CONTRACTOR
10 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
11 following insurance policies throughout the term of this Agreement
12 A Commercial General Liability
13 Commercial General Liability insurance with limits of not less than One Million
14 Dollars (S1,000,000) per occurrence and an annual aggregate of Two Million
Dollars (S2,000,000) This policy shall be issued on a per occurrence basis.
15 COUNTY may require specific coverage including completed operations,
16 product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
17 because of the nature of the Agreement
18
B Automobile Liability
9 Comprehensive Automobile Liability Insurance with limits for bodily injury of
20 not less than Two Hundred Fifty Thousand Dollars (S250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
21 not less than Fitly 'thousand Dollars ($50,000), or such coverage with a
22 combined single limit of Five Hundred Thousand Dollars ($500,000) Coverage
should include owned and non-owned vehicles used in connection with this
23 Agreement.
24 C Professional Liability
25 If CONTRACTOR employs licensed professional staff(e.g. Ph.D , R N ,
2 6 L C S W , M F C C ) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars (SI,000,000) per occurrence, Three
27 Million Dollars ($3,000,000) annual aggregate
20
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1 D Worker's Compensation
2 A policy of Worker's Compensation Insurance as may be required by the
3 California Labor Code
4 CONTRACTOR shall obtain endorsements to the Commercial General Liability
5 insurance naming the County of Fresno, its officers, agents, and employees, individually and
6 collectively, as additional insured, but only insofar as the operations under this Agreement are
7 concerned Such coverage for additional insured shall apply as primary insurance and any other
8 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
9 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein
10 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
11 written notice given to COUNTY.
12 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
13 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
14 foregoing policies, as required herein, to the County of Fresno, 4441 L• Kings Canyon Road, Building
1 ,5 317, Fresno, California, 93702, Attention. Contracts, stating that such insurance coverage's have been
16 obtained and are in full force, that the County of Fresno, its officers, agents and employees will not be
17 responsible for any premiums on the policies; that such Commercial General Liability insurance
18 names the County of Fresno, its officers, agents and employees, individually and collectively, as
19 additional insured, but only insofar as the operations under this Agreement are concerned, that such
20 coverage for additional insured shall apply as primary insurance and any other insurance, or self=
21 insurance, maintained by the COUNTY, its officers, agents and employees, shall be excess only and
22 not contributing with insurance provided under the CONTRACTOR's policies herein, and that this
23 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written
24 notice given to COUNTY
25 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
26 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
27 this Agreement upon the occurrence of such event
28 All policies shall be with admitted insurers licensed to do business in the State of
California Insurance purchased shall be from companies possessing a current A M Best, Inc rating
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I of B+ FSC VI I or better
2 10. CONFIDEN'11ALITY
3 All services performed by CONTRACTOR under this Agreement shall be in strict
4 conformance with all applicable Federal, State of California and/or local laws and regulations relating
5 to confidentiality, including but not limited to, California Civil Code section 56 e1 seq , California
6 Welfare and Institutions Code sections 5328, 10850 and 14100.2, Health and Safety Code sections
7 11977 and 11812. 22 California Code of Regulations section 51009, and 42 Code of Federal
8 Regulations § 2.1 e1 seq CONTRACTOR shall submit to COUNTY's monitoring of said compliance
9 with all State and Federal statutes and regulations regarding confidentiality CONTRACTOR shall
10 ensure that no list of persons receiving services under this contract is published, disclosed, or used for
11 any other purpose except for the direct administration of the program or other uses authorized by law
12 that are not in conflict with requirements for confidentiality.
13 Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
14 Associate of COUNTY, may use or disclose protected health information ("PHI") to perform
15 functions, activities or services for or on behalf of COUNTY, as specified in this Agreement, provided
16 that such use or disclosure shall not violate the Health Insurance Portability and Accountability Act
17 (HIPAA), U S C. 1320d el seq , and its implementing regulations including but not limited to 45
18 C F R Parts 142, 160, 162, and 164 (hereafter known as "the Privacy Rule") The uses and
19 disclosures of PHI may not be more expansive than those applicable to COUNTY, as the "Covered
20 Entity" under the Privacy Rule, except as authorized for management, administrative or legal
21 responsibilities of the Business Associate
22 CONTRACTOR shall not use or further disclose PM other than as permitted or required
23 by this Agreement, or as required by law.
24 CONTRACTOR shall use appropriate safeguards to prevent use or disclosure of PHI
25 other than as provided for by this Agreement.
26 CONTRACTOR shall report to COUNTY any use or disclosure of the III It not provided
27 for by this Agreement
28 CONTRACTOR shall ensure that any agent, including any subcontractor, to which
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1 CONTRACTOR provides PHI received from, or created or received by the CONTRACTOR on behalf
2 of COUNTY, shall comply with the same restrictions and conditions that apply through this
3 Agreement to CONTRACTOR with respect to such information-
4 CONTRACTOR shall provide access, at the request of COUNTY, and in the time and
5 manner designated by COUNTY, to PHI in a Designated Record Set (as defined in 45 C.F R
6 164.501), to an Individual or to the COUNTY to meet the requirements of 45 C F R section 164.524
7 regarding access by Individuals to their PHI.
8 CONTRACTOR shall make any amendment(s) to PHI in a Designated Record Set that
9 COUNTY directs or at the request of COUNTY, and in the time and manner designated by COUNTY
1 C in accordance with 45 C F R section 164 526
11 CONTRACTOR shall document such disclosures of PHI and information related to such
12 disclosures as would be required for COUNTY to respond to a request by an Individual for an
13 accounting of disclosures of PHI in accordance with 45 C F R section 164 528 CONTRACTOR
14 shall provide to COUNTY or to an Individual, in a time and manner designated by COUNTY,
15 5nfosma6on collected in accordance with 45 CT R section 164 529, to permit COUNTY to respond to
16 a request by the Individual for an accounting ot'disclosures of PHI in accordance with 45 C F R.
17 section 164.538.
18 CONTRACTOR shall make internal records related to the use, disclosure, and privacy
9 protection of PHI received from COUNTY, or created or received by CONTRACTOR on behalf of
20 COUNTY available to COUNTY or to the Secretary of the United States Department of Health and
21 Human Services for purposes of investigating or auditing COUNTY's compliance with the Privacy
22 Rule, in a time and manner designed by COUNTY or the Secretary.
23 Upon termination of this Agreement for any reason, CONTRACTOR shall return or
24 destroy all PHI received from COUNTY, or created or received by CONTRACTOR. on behalf of
25 COUNTY This provision shall apply to PI-11 in possession of subcontractors or agents of
26 CONTRACTOR CON BLACTOR, its agents or subcontractors shall retain no copies of the PI-11 In
27 the event that CONTRACTOR determines that returning or destroying the PHI is not feasible,
28 CONTRACTOR shall provide COUNTY notification of the conditions that make return or destruction
of t fu:,,�c?
1 infeasible Upon mutual agreement of the parties that the return of the PI If is not feasible,
CONTRACTOR shall extend the protections of this Agreement to such PHI and limit further use and
3 disclosures of such PHI for so long as CONTRACTOR, or any of its agents or subcontractors,
4 maintains such PHI.
5 The parties agree to take such action as is necessary to amend this Agreement as
6 necessary for COUNTY to comply with the requirements of the Privacy Rule and its implementing
7 regulations. Any such changes may be made with the written approval of CO[;NTY's Human
8 Services Privacy Officer or designee
9 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that is
10 known to CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of the
11 requirements of this Agreement
12 11. NON-DISCRIMINATION
13 During the performance of this Agreement, CONTRACTOR shall not unlawfully
14 discriminate against any employee or applicant for employment, or recipient of services, because of
15 race, religion, color, national origin, ancestry, physical disability, medical condition, marital status,
= 6 age or gender, pursuant to all applicable State and Federal statues and regulations.
17 12. CONFLICT OF INTEREST
18 No officer, agent, or employee of COLT7"Y who exercises any function or
19 responsibility for planning and carrying out the services provided under this Agreement shall have any
20 direct or indirect personal financial interest in this Agreement CONTRACTOR shall comply with all
2- Federal, State of California, and local conflict of interest laws, statutes, and regulations, which shall be
22 applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee of
23 COUNTY
24 13. REFERENCE TO LAWS AND RULES
25 A CONTRACTOR shall comply with all of the provisions and applicable
26 amendments as set forth in the State of California Community Services Systems Manual, Title 9 of the
27 California Code of Regulations, and Division 5 of the Welfare and Institutions Code
28 B CONTRACTOR shall maintain in full force and effect and comply with any and
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1 all licensing, local zoning, and state fire and safety ordinances and regulations
2 14. STATE; RF:OUIRE:MENTS
3 CONTRACTOR recognizes that COUNTY operates its mental health system under all
4 Agreement with the State of California Department of Mental I lealth, and that under said Agreement
5 the State imposes certain requirements on COUNTY and its subcontractors. CONTRACTOR shall
6 adhere to all State requirements, including those identified in Exhibit C, attached hereto and by this
7 reference incorporated herein
8 15. APPLICABLE RECORDS
9 A Mental Health Consumer Records CONTRACTOR shall maintain adequate
10 mental health records on each individual patient which shall include client assessment, individual
11 program plan, and records of services provided by the various professional and para-professional
12 personnel in sufficient detail to make possible an evaluation of services, and contain all the data
13 necessary in reporting to the State, including records of patient interviews and progress notes All
14 such records shall be maintained pursuant to applicable laws concerning confidentiality and, in the
15 case of Mental Health records, California Welfare and Institutions Code, section 5329, et al, and Title
116 45, Code of Federal Regulations, section 205 50. All mental health records shall be considered the
- 7 property of COUNTY and shall be retained by COUNTY at the expiration or termination of this
18 Agreement CONTRACTOR may retain copies of these records at the time of termination if they so
19 choose
20 B Financial Records -- Statistical data shall be kept and reports made as required by
21 COUNTY or State. All records all be available for inspection by the designated auditors of COUNTY
22 or State at reasonable times during normal business hours
23 If COUNTY or CONTRACTOR are requested to disclose any books, documents
24 or records relevant to this Agreement, for the purpose of an audit or investigation by all entity
25 authorized by law to conduct such an audit or investigation, COUNTY or CONTRACTOR shall notify
26 the other party of the nature and scope of such request and shall make available to the other party all
27 such books, contracts, documents or records. By agreeing to the aforementioned, COUNTY and
28
I'fP%fL).C A
1 CONTRACTOR do not waive any legal rights that they have with regard to disclosure of documents
2 or information
3 CONTRACTOR shall maintain accurate accounting records of its costs and
S operating expenses. Such records of costs and expenditures shall be maintained for at least four (4)
5 years, or until audit findings are resolved, and shall be open to inspection by COUNTY'S DBH
6 Director, COUNTY'S Auditor, the Grand Jury, the State of California Controller, the State of
7 California Director of the Department of Mental Health, or any of their deputies
8 C. Other. CONTRACTOR shall maintain and provide to COUNTY, with prior
9 notice, client information for purposes of trend studies conducted by COUNfY's Quality Assurance
10 Coordinator and other staff as appropriate, as authorized by COUNTY's DBH Director.
11 16. LICENSES
12 CONTRACTOR warrants that it possesses all licenses and/or certificates required by
13 local, State of California and/or Federal laws and regulations for the conduct of its business and shall
14 operate its business in accordance with all applicable laws and regulations CONTRACTOR further
15 warrants that all of its personnel performing services under this Agreement shall be licensed and/or
16 certified where required to lawfully perform their duties and shall maintain such licensure and/or
17 certifications throughout the term of this Agreement CONTRACTOR shall maintain copies of all
18 licenses and/or certifications noted above and shall allow COUNTY to review these documents upon
19 request.
20 17. COMPLAINTS
21 CONTRACTOR shall log all complaints and the disposition of all complaints from a
22 consumer or a consumer's family CONTRACTOR shall provide a summary of the complaint log
23 entries concerning COUNTY-sponsored consumers to COUNTY at monthly intervals, by the fifteenth
24 (151h) day of the following month, in a format that is mutually agreed upon by COUNTY and
25 CONTRACTOR CONTRACTOR shall post signs informing consumers of their right to file a
26 complaint or grievance. CONTRACTOR shall also notify COUNTY of all incidents reportable to
27 state licensing bodies that affect COUNTY consumers within twenty-four (24) hours of receipt of a
28 complaint.
c'VC N 11'OI:FRESNO
Fresco.CA
1 Within fifteen (15) days after each incident or complaint affecting COUNTY-sponsored
2 consumers, CONTRACTOR shall provide COUNTY with the complaint and CONTRACTOR's
3 disposition of, or corrective action taken to resolve the complaint.
4 Within fifteen (15) days after CONTRACTOR submits a corrective action plan to a
5 California State licensing and/or accrediting body concerning any sentinel event, as that term is
6 defined by the licensing or accrediting agency, and within fifteen (15) days after CONTRACTOR
7 receives a corrective action order from a California State licensing and /or accrediting body to address
8 a sentinel event, CONTRACTOR shall provide a summary of such plans and orders to COUNTY "
9 18. AUDITS AND INSPECTIONS
10 The CONTRACTOR shall at any time during business hours, and as often as the
11 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and
12 data with respect to the matters covered by this Agreement The CONTRACTOR shall, upon request
13 by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to
14 ensure CONTRACTOR's compliance with the terms of this Agreement CONTRACTOR agrees that
15 COUNTY shall have the right to review, obtain, and copy all records pertaining to the performance of
16 this Agreement CONTRACTOR agrees to provide COUNTY with any and all relevant information
17 required
18 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000 00),
19 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
20 General for a period of three (3) years after final payment under Contract (California Government
21 Code section 8546.7).
22 Notwithstanding the term provisions stated in Paragraph Two (2) of this Agreement, it is
23 acknowledged by the parties hereto that this Agreement shall continue in full force and effect until all
24 audit procedures and requirements as stated in this Agreement have been completed to the review and
2.5 satisfaction of COUNTY's DBH Director or designee. CONTRACTOR shall bear all costs resulting
26 from the payment of any expenditures disallowed by either COUNTY, State of California or Federal
27 governmental entities, including any assessed interest and penalties
28 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
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I review process and comply with all final determinations rendered by the COUNTY's fiscal review
2 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
3 consumers, it may result in the disallowance of payment for services rendered, or in additional
4 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
5 COUNTY's DBH Director or designee If as a result of COUNTY's fiscal review process a
6 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
7 liable for the amount in excess of five percent (5%) previously paid or withheld by COUNTY to
8 CONTRACTOR and this disallowance will be adjusted from CONTRACTOR's future payments, at
9 the discretion of COUNTY's DBI-I Director or designee.
'-0 19. NOTICES
11 The persons having authority to give and receive notices under this Agreement and their
12 addresses include the following,
13
MNTY CONTRACTOR
14 Director, Fresno County Davis Guest Flome, Inc
15 Department of Behavioral Health 1878 E Hatch Road
4441 E Kings Canyon Modesto, CA 95351
16 Fresno, CA 93702
17 Any and all notices between the COUNTY and the CONTRACTOR provided for or
18
permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
19
personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
20
United States Mail, postage prepaid, addressed to such party.
21 20. GOVERNING LAW
22 The rights and obligations of the parties and all interpretation and performance of this
23
Agreement shall be governed in all respects by the laws of the State of California.
24 21, ENTIRE AGREEMENT
25 This Agreement constitutes the entire agreement between the CONTRACTOR and
2E
COUNTY with respect to the subject matter hereof and supersedes all previous negotiations,
27
proposals, commitments, writings, advertisements, publications, and understandings of any nature
28
whatsoever unless expressly included in this Agreement.
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I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
3 ATTEST: COUNTY OF FRESNO
4 CONTRACTOR:
DAVIS GUEST HOME, INC.
5
6 By: By
7 Print Name: ChaiVA
oard of Supervisors
Ldtc�.,�..�-�r.�.x:5
$ JAN 2 5 2005
Title: �.r�Zc�,.,N` _ . Date:
9 Chairman of Board, or President,
or any Vice President BERNICE E. SEIDEL, Clerk
10 Board of Superv� ors
11 Date: 1Z � .
12
By:--
13 By: Date: jAN0_
14 Print Name: PLEASE SEE ADDITIONAL
15 SIGNATURE PAGE ATTACHED
Title: �.F, � ,
16 Secretary (of Corporation), or
17 any Assistant Secretary,or
Chief Financial Officer, or
1 g any Assistant Treasurer
19 Date: 12- d
20
21 Tax I.D. No.: 94-2532667
22 Mailing Address:
23 1828 E. Hatch Road
Modesto, CA 95351
24 Phone No.: (209) 538-1496
25 Contact: Lonny G. Davis, President
26
27
28
- 14 - COUNTY OF FTU-SNO
1 APPROVED AS TO ACCOUNTING FORM
2 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
3
5
By Date S S
6
7 APPROVED AS TO LEGAL FORM
8 DENNIS A MARSHALL, COUNTY COUNSEL
9
10 By. Date dS
11
12 REVIEWED AND RECOMMENDED FOR
APPROVAL.
13
14
15 By. Data
16 Jerry A Wengerd, Director
Department of Behavioral Health
i7
18 Fund/Subclaw 0001/10000
19 Organization. 56302175 ($62,500 00)
Account/Program. 7295/0
20
21 vcu
1942asx
22
23
24
25
26
27
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- 15 - COUNTY OF FH1;tNO
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Exlubit A
Pagel of 4
DESCRIPTION OF SERVICES and PROGRAM DESIGN
Overview:
Contractor will provide quality care and services for consumers who require a level of care at a
higher level than that generally provided by residential care homes.
Contractor will provide the required beds in a facility designed as a residential care facility offering a
broad range of services to residents requiring a structured environment due to mental health
challenges. It will include a structured environment within a non-restrictive, supervised program,
focusing on each resident's specific needs and interests. Contractor will maintain a home-like
environment with all levels of staff required to attend ongoing training programs.
The facility will provide an environment of respect, encouragement, and appreciation for each
resident. Residents will be encouraged and given support in discovenng and acquiring independent
and self-help management skills. Residents will also be encouraged to participate in out-of-home
activities that will be provided in an effort to normalize lifestyles and allow social training
opportunities within the community. Contractor's objectives will support and help each resident
reach and maintain his/her highest possible quality of life. Contractor will attempt to motivate each
resident to achieve individualized goals which will result in their being re-integrated into the
community as soon as possible.
Contractor will provide residents with a continuum of mental health services. They will be
committed to the team concept in assisting the client. This team will include the facility, the case
management team, local emergency acute inpatient hospitals, the conservator, the psychiatrist, the
resident's family, case manager, and the resident. Contractor will facilitate communication between
all of the individuals and agencies that participate in the treatment strategies affecting consumers.
Goals and Outcomes:
Contractor will instruct and encourage residents to participate in tasks that promote independent living
skills. As a result of residing at the facility and participating the full range of activities each individual
will experience an enrichment of life. This may he evidenced in the following ways:
1. An ability to interact in the community in a socially acceptable manner.
2. An increased awareness of resources within the community that are available for the resident's
including but not limited to information, recreation and transportation.
3. The development of personal hygiene, grooming, dressing, and household living skills.
4. The development and discipline of social interaction skills with family members, staff and other
residents.
1942aasx
Exhibit A
Page 2 of 4
Current Programs and Services Offered:
Contractor will work with each resident's interests and goals and will assist each resident in achieving
them with training opportunities, education and counseling. Contractor will provide opportunities for
residents to participate in activities or educational opportunities on a daily basis in the following areas:
Educational:
Money Management/Budgeting Training
Public Transportation Access/Utilization
Interpersonal/Dyadic Communications Skills
Family and Peer Relational Processes
Nutritional/Menu Planning and Food Preparation
Responsibility Orientation, Cause/Effect Sequences
Chemical Dependency/Substance Abuse Awareness
Socialization/Group Interactions_
Current Events/Cultural Relativity
Problem Solving/Life Challenge-Budge
Self-Disclosure/Transparency Therapy
Healthy Responses to Relational Pain/Trust Development
Self Acceptance Support Group
Entertainment/Recreational
Annual trips to Disneyland
Concerts, Community Events
Holiday Celebrations
Movies, Games. Sports
Bingo Bonanza
Talent Shows/Competition
Pizza/Iee Cream Socials
Shopping Trips
Birthday Celebrations
Live Bands/Dances
Contractor will develop a schedule each month outlining daily routines, training opportunities, consumer
council meetings, orientation time, and daily social/recreational opportunities. In constructing
social/recreational and other schedules the Contractor will attempt to coordinate events and situations to
coincide with the Individual Program Plans that are developed for each consumer. The consumer council
meetings should provide opportunity for consumers to influence the choices and types of activities and
events that are sponsored or attended by consumers.
The following is a partial list of behaviors/symptoms that the Contractor will address:
1. Senous, psychotic impairment: difficulty self-care in bathing dressing, grooming, toileting, eating;
persistently intrusive behavior requiring; significant redirection and serious regression which impedes
or prevents program participation.
2. Sub-acute danger to self, including suicidal ideation.
1942aasx
' Exhibit A
Page 3 of 4
3. Gross inactivity.
4. Basic difficulties in sharing, working out, co-existing in a room with another person.
5. Exaggerated, loud outbursts in response to perceived injustices.
G. Problem smoking in unauthorized areas.
7. Borrowing, begging, stealing or inappropriate handling of money or property.
8. Medication Compliance.
9 Paranoid perception - which goes unvoiced and sometimes leads to the person acting out of place in
the community.
10. Reversed sleep patterns - up all night, sleeping dunng the day.
I I. Sexual acting out.
12. Excessive dependency.
Contractor's facility will have staff with bi-lingual capabilities, including sign language and will stress a
multi-cultural approach that will be reflected by both staffing and programming. Contractor's staff
members will regularly receive training in defusing assaultive situations, and utilize early intervention
techniques that serve to help prevent hospitalization in most instances. Residents' personal and
incidental funds will be placed in trust and may be withdrawn by the consumer at regular intervals as
determined by their service plan, payee, and case management contracts. Contractor will provide
transportation to day programs, community events, recreational activities, doctor and medical
appointments, and other transportation requirements.
Quality Assurance Procedures:
Contractor will have qualified personnel distribute medication as directed by the psychiatrist or physician
at prescribed intervals. Contractor will require all staff documenting or distributing medication to
complete in-service training pertaining to medications.
Contractor's services, facility, programs and records will be evaluated annually by the following agencies:
State of California Community Care Licensing;
Valley Mountain Regional Center;
Stanislaus County Ombudsman Program; and
Patients Rights Consumer Review Task Force, Stanislaus County.
Staff Qualifications and Training:
Contractor's staff at the facility will have all State of California, Federal and County licenses in the
job/function they perform and will meet all requirements required by any licensing agency. All of
Contractor's staff will be fingerprinted and required to attend courses in CPR, First Aid, and bimonthly
in-service training programs. In-service training will provide a forum, which will allow discussion and
interaction among staff concerning residents, IPP's (Individual Program Plans). residents' day programs.
and general progress.
1942aasx
Exhibit A
Page 4 of 4
Designated Psychiatrist:
The residents will be provided psychiatric services by local psychiatrists contracted with the Contractor's
facility. Psychiatrists will visit residents on-site regularly and will be available on call continuously for
emergency consultation.
The psychiatrist contracted with the Contractor will bill the County's HSS Department of Adult Services
at the standard Medi-Cal reimbursement rates for the initial consult/new patient assessment and the
regular/subsequent medication refill appointments.
Consumers to be Served:
The Contractor will provide a secure environment for individuals who are placed from a variety of
programs reflecting diverse needs and aptitudes. Contractor's staff will work with individuals who are
behaviorally inappropriate in such areas as: non-compliance, defiance, non-assaultive aggressiveness,
psychotic ideation's, hygiene deficiencies, medication resistance, and substance abuse histories.
Contractors facility will be licensed for adult population both ambulatory and nonambulatory. The
Contractor will be required to admit consumers being admitted to or being discharged from Mental
Health Hospitals, Institutes of Mental Diseases (TMD) and Mental Health Rehabilitation Centers
(MHRC).
Placement Procedures:
Contractor shall respond to DBH within 10 business days after receiving a referral from DBH to admit a
consumer to Contractor's facility.
A member of the Contractor's management team will personally evaluate potential residents of the
facility and will reserve the right to deny placement to any consumer who they feel does not meet their
placement criteria.
All potential residents will complete an interview process that will entail an examination of records,
personal history, medical review, Individual Program Plan, and the pre-placement appraisal form.
Emergency Services:
Emergency services will be provided by "Stanislaus Behavioral Health Center." County may also choose
to transfer an individual back to the County for in-patient acute care.
1942aasx
Exhibit B
DAVIS GUEST HOME
Fee Schedule
County shall pay Contractor for Consumers approved for residential support services in accordance
with the following schedule:
Transitional Resident Charges $60.00 per client per day
1942basx
Exhibit C
Page I of 2
STATE REQUIREMENTS
1. CONTROL. REQUIREMENTS
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 California 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 progam.
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.
1942casx
Extubit 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 12900, 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 discnmination against
qualified handicapped persons in all federally assisted programs or activities, as
detailed in regulations signed by the Secretary of Health and Welfare Agency,
cffective 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.
1942casx