HomeMy WebLinkAbout32110Agreement No. 15-238
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03) AGREEMENT NUMBER
15-78003-000
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of State Hospitals
CONTRACTOR'S NAME
Fresno County
2. The term of this
Agreement is:
3. The maximum amount
of this Agreement is:
07/01/15 through 06/30/18
$00.00
Zero Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference
made a part of the Agreement.
Exhibit A-Delineation of Responsibilities
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto ' '
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
Fresno County (\ :Ar ~JvQ. ~~J DA E SIGNED(Do not type}
~ OJt~ I~ W/5
PRINTED NAME AND TITLE OF PERSON SIGNING J O~ I
Deborah A. Poochigian, Chairman, r ~sno County Board o upervisors
ADDRESS
Hall of Records, Third Floor
2281 Tulare Street, Fresno, CA 93721
STATE OF CALIFORNIA
AGENCY NAME
Department of State Hospitals
BY (Authorized Signature) DATE SIGNED(Do not type)
RS
PRINTED NAME AND TITLE OF PERSON SIGNING
Jason Kenney, PCO and Chief, Business Management Branch
ADDRESS
1600 9th Street, Room 101
Sacramento, CA 95814
DSHUSEONLY
6 page(s)
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By ~U.$£\.yy..) &sb9.;r
Deputy
California Department of General
Services Use Only
0 Exempt per:
D State Master D Contractor D Contract Manager D Accounting D State Controller
Department of State Hospitals
1.THE PARTIES:
EXHIBIT A
SCOPE OF WORK
Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
A. This Agreement is made and entered into by and between,the Department of State Hospitals,
hereinafter referred to as "DSH",and Fresno County,hereinafter referred to as "County,"and
collectively referred to as,"the Parties"(individually a "Party").
2.AGREEMENT SUMMARY:
A.Whereas Sacramento County is administering a Jail Based Competency Treatment program
(JBCT), funded by DSH, for the provision of restoration of competency treatment services for
individuals found by the courts to be Incompetent to Stand Trial (1ST),hereinafter referred to as
"Patient Inmates,"and whereas County has agreed to allow its Patient Inmates to participate inthis
program, this Agreement delineates the responsibilities ofthe DSH,Sacramento County,and
County as it relates to the program.
3.PROJECT REPRESENTATIVES:
A. The project representatives during the term of this Agreement will be:
Party Contacts:
Department of State Hospitals Contractor:County of Fresno
Section/Unit:Section/Unit:
Sheriff-Coroner
Attention:Attention:
Captain Jennifer Horton
Address:Address:
2200 Fresno Street,Fresno,CA 93721
Phone:Fax:Phone:
559-600-8138
F559-488-3982ax:
Email:
mailto:
Email:
Jennifer.horton(®fresnosheriff.orgmailto:Jzme
s(2),yahoo.com
Eitherpartymay make changes to the contact names or information above by giving written notice
to the other party. Said changes shall not require an amendment to this Agreement.
4.PROVISIONS CONCERNING THE JBCT PROGRAM:
A. DSH shall contract with Sacramento County for the provision of restoration of competency services
to Patient Inmates at Rio Cosumnes Correctional Center (RCCC),located at 12500 Bruceville
Road, in ElkGrove, California,95757.Such services shall be provided twenty-four (24)hours per
day,seven (7)days per week,including all State holidays.
B.Both DSH and County understand and agree that the Sacramento JBCT shall be administered as
follows:
Page 1 of 6
Department of State Hospitals Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
i.Sacramento County shall ensure that priority for direct admissions to the JBCT program shall
be,coordinated through the court,given to those 1ST individuals most likely to be restored to
competency within the JBCT milieu treatment setting.In the event that bed space is limited
and two 1ST individuals are equally likely to be restored to competency within the JBCT
milieu treatment setting,Contractor shall admit the Patient Inmate with the earlier
commitment date,regardless of the county of commitment.
ii.County shall make the following documents available to Sacramento County,or their
designee,for each Patient Inmate admitted into the JBCT program at the time of admission:
a.The commitment order,including a specification of the charges;
b. A computation or statement setting forth the maximum term of commitment;
c. A computation or statement setting forth the amount of credit for time served,if any,to
be deducted from the maximum term of commitment;
d.State summary criminal history information;
e. Any arrest reports prepared by the police department or other law enforcement agency;
f. Any court ordered psychiatric examination or evaluation reports;
g.The community program director's placement recommendation report;and
h.Records of any findings of prior mental incompetence.
iii.Sacramento shall administer an Objective Competency Assessment upon Admission in order
to identify that Patient Inmate's specific deficits that result in incompetence to stand trial shall
be identified.
iv.Upon admission and every 30 days thereafter,each Patient Inmate will undergo a battery of
individualized psychological assessment and testing.At admission,standardized
psychological tests would be utilized to complete a preliminary assessment of the Patient
Inmate's current functioning,likelihood of malingering,and current competency to stand trial.
If preliminary assessment findings suggest presence of malingering,additional malingering
specific tests may be completed.If deficits in cognitive functioning are identified in the
preliminary assessment,then further cognitive functioning tests may be administered.
v.Sacramento County shall preliminarily screen a prospective Patient Inmate for admission into
the program.This will include, but is not limited to, review of medical and mental health
records.County will make every effort to ensure that Sacramento County has access to
reasonably relevant files or other forms of documentation necessary to make this
assessment.Upon admission into the program,Sacramento County shall conduct a more
thorough assessment of the Patient Inmate.
Page 2 of 6
Department ofState Hospitals Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
vi.Sacramento County shall provide at least sixteen (16)single cells with beds to Patient
Inmates located in the JBCT designated area.
vii.Sacramento County retains the right to exclude specific individual Patient Inmates from the
JBCT designated area for security and classification reasons at the time of assignment or at
any point during their incarceration at the Jail.
viii.Sacramento County shall provide for the care,confinement and security of the Patient
Inmates in accordance with all federal and state laws,standards,regulations,policies,
procedures and court orders applicable to the Jail, including the Prison Rape Elimination Act.
ix.Sacramento County's custody staff assigned to the JBCT program shall receive Enhanced
Mentally III Offender or Crisis Intervention Training (CIT).
x.Sacramento County shall provide all transportation and security,including emergency
transportation,for Patient Inmates upon their admission to, and throughout the duration of
their participation in, the JBCT program.Transportation of Patient Inmates to the program
upon commitment, and back to the committing county upon restoration of competency,shall
be the responsibility of the committing county.
xi.Sacramento County shall provide all Patient Inmates,regardless of committingcounty,with
the full range of Routine Medical Care available to other inmates of RCCC.
a.Routine Medical Care is defined as all medical,dental,and mental health care,as well
as the cost of medical supplies,any prescription medications which are provided to
Patient Inmates,and restoration of competency treatment services which are provided by
the Jail to Patient Inmates,including prescribed psychotropic medications;
b.Non-Routine Medical Care is defined as major medical operations or surgeries (such as
heart transplants),continuation of experimental medication,services that cannot be
provided onsite at the Jail,dialysisservices, whether onsite or otherwise,and emergency
medical care.
xii.Sacramento County shall seek DSH pre-approval for all Non-Routine Medical Care.
Sacramento County shall notify DSH inthe event ofan emergency as soon as feasible.
xiii.Upon notification that a Patient Inmate whose committing county is notSacramento requires
legitimate Non-Routine Medical Care,DSH may:
a. Admit such a patient to a State Hospitalfor treatment,ifsuch bed is available, OR
b.Pay for the medical care directly.
xiv.Sacramento County shall proceed immediately with necessary medicaltreatment and have
the facility providing treatment invoice DSH.
Page 3 of 6
Department of State Hospitals Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
xv.For all Routine and Non-Routine Medical Care,Sacramento County shall be responsible for
security.
C.Upon Restoration of Competency
i.Both DSH and County understand and agree that upon restoration of competency:
a.Sacramento Shall coordinate a formalized "hand-off'process with the County of
commitment in order to ensure continuity of psychiatric care when the patient is
transferred from the JBCT Program to be returned to the County of commitment.
b.Sacramento County will prepare a discharge/transition summary and provide to County to
assist in continuity of care.This Discharge/Transition summary will include:
1)Diagnosis;
2)Discharge medications;
3)History of medication treatment;and
4) Historyof symptoms and course of response to psychotropic medication, suicidal and
homicidal risks.
c.Sacramento County shall file a certificate of restoration with the court when the Program
Director or designee determines that the Patient Inmate has regained mental
competence.
d.Sacramento County shall transfer the Patient Inmate out ofthe RCCC designated area to
County within ten (10)calendar days following the filing of a certificate ofrestoration by
the Program Directoror designee (Pursuant to Penal Code Section 1372 (a)(3)(C).
e.Within ten (10)calendar days following the filing ofthe certificate of restoration, County
will transport Patient Inmate back to the County of Commitment (Pursuant to Penal Code
Section 1373).
f.County shall then be responsible for mental health care, crisis intervention,ongoing
counseling and care;including the prescription of psychotropic medications forthe
Patient Inmate restored to competence and transferred from the JBCT program to County
of Commitment.
D.Upon Determination of Malingering
i.Sacramento County Shall:
a. Submit a report to the court with recommendation that Patient Inmate is competent to
stand trial when the Program Director or designee determines that the Patient Inmate is
competent to stand trial.
Page 4 of 6
Department of State Hospitals Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
5.NOTICE:
Transfer Patient Inmate out of the RCCC designated area to County within ten (10)
calendar days following the filing of a certificate of restoration by the Program Director or
designee (Pursuant to Penal Code Section 1372 (a)(3)(C).
Within ten (10)calendar days following the filing of the certificate of restoration,County
will transport Patient Inmate back to the County of Commitment (Pursuant to Penal Code
Section 1373).
A.Notice to either Party shall be given by first class mail, by Federal Express,United Parcel Service or
similar carrier,properly addressed,postage fully prepaid,to the address beneath the name of each
respective party.Alternatively,notice may be given by personal delivery by any means whatsoever
to the Party and such notice shall be deemed effective when delivered.
6.WAIVER:
A.All remedies afforded in this Agreement are cumulative;that is, in addition to every other remedy
provided therein or by law.The failure of the DSH to enforce any provision of this Agreement,shall
not waive its right to enforce the provision or any other provision of the Agreement.
7.INTEGRATION CLAUSE:
A.The Parties agree that this Agreement,including only the State standard form 213 and all exhibits,
constitute the entire agreement of the Parties and no other understanding or communication,
whether written or oral,shall be construed to be a part of this Agreement.
8.CAPTIONS:
A.The clause headings appearing in this Agreement have been inserted for the purpose of
convenience and ready reference.They do not purport to and shall not be deemed to define,limit
or extend the scope or intent of the clauses to which they pertain.
9.FORCE MAJEURE:
A. Neither the DSH nor the County shall be deemed to be in default in the performance of the terms of
this Agreement if either party is prevented from performing the terms of this Agreement by causes
beyond its control, which shall include without being limited to:acts of God; interference, rulingsor
decision by municipal,Federal,State or other governmental agencies,boards or commissions;any
laws and/or regulations of such municipal,State,Federal,or other governmental bodies; or any
catastrophe resulting from flood, fire,explosion,earthquakes or other similar environmental causes
beyond the control of the defaulting party.
Page 5 of 6
DepartmentofState Hospitals Fresno County
Agreement Number:15-78003-000
Exhibit A,Delineation of Responsibilities
10.DISPUTES:
A.The Parties shall first discuss and attempt to resolve any dispute arising under or relating to the
performance of this Agreement.
11.CANCELLATION PROVISIONS:
A.Unless otherwise specified, this Agreement may be canceled at any time by DSH, in writing,with
thirty (30)days advance notice.
Page 6 of 6
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Department of State Hospitals
3 REVIEWED & RECOMMENDED
FOR APPROVAL
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MARGARET MIMS, Sheriff-Coroner
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By:
Deborah A. Poochigian, Ch
Board of Supervisors
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By~~~~.~~
Deputy