Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000435

 

MEETING DATE:

06/22/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Health Care Agency   (Approved)

Department contact person(s):

Annette Mugrditchian (714) 834-5026 

 

 

Jeff Nagel (714) 834-7024

 

 

Subject:  Standard Agreement with Department of State Hospitals

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: State: 100% (Department of State Hospitals)

County Audit in last 3 years: No

 

 

    Prior Board Action: 07/14/2020 #16, 01/29/2019 #25, 05/23/2017 #40, 11/10/2015 #22

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Standard Agreement for the Forensic Conditional Release Program with the California Department of State Hospitals for the July 1, 2021, to June 30, 2023, term in the amount of $1,667,694 for a cumulative amount of $3,335,387.

 

2.

Authorize the Health Care Agency Director or authorized designee to execute the Standard Agreement Amendment and sign the following documents:

a. California Civil Rights Laws Attachment

b. Contractor Certification Clauses

c. Dafur Contracting Act Certification

d. Government Tax ID Number Certification

e. Iran Contracting Act

 

 

 

 

SUMMARY:

 

Approval of the Standard Agreement with the California Department of State Hospitals will continue the funding for the Forensic Conditional Release Program, which provides court mandated risk assessment evaluations and recommendations regarding various legal issues and provides treatment and supervision in a manner that ensures greater public protection in the community.

 

 

 

BACKGROUND INFORMATION:

 

Below are the prior Board of Supervisors (Board) Actions:

 

Board Dates

Contract/Amendment

Action

Term

May 4, 2015

 

 

Amendment to the Standard Agreement

Approved

July 1, 2015 - June 30, 2016

May 23, 2017

Standard Agreement

Approved

July 1, 2016 - June 30, 2018

December 4, 2018

Standard Agreement

Approved

July 1, 2018 - June 30, 2020

May 7, 2020

Amendment to the Standard Agreement

Approved

July 1, 2018 - June 30, 2021

 

Scope of Services:

Since 1986, the California Department of State Hospitals (previously the Department of Mental Health) (DSH) has provided funding for the Conditional Release Program (CONREP). The purpose of this program is to provide court mandated treatment and supervision and to evaluate and submit recommendations to the court for judicially committed persons. Currently, Orange County CONREP evaluates biannually approximately 200 patients in the Forensic State Hospital system not yet released, and supervises and provides treatment for 50 individuals in the community. Additionally, CONREP completes court-ordered Incompetency to Stand Trial evaluations.

 

On May 3, 2021, HCA received Standard Agreement Number 21-78005-000 in the amount of $3,335,387 for the period of July 1, 2021, through June 30, 2023.

 

The agreement contains an indemnification provision that differs from the County's standard of sole indemnification that requires the County to indemnify and hold harmless DSH against general claims for injury and damages by a third party. County Executive Office/Office of Risk Management has reviewed and found the sole indemnification to be acceptable since the County is the service provider.

 

The Health Care Agency requests the Board approve the Standard Agreement for CONREP with the DSH as referenced in the Recommended Actions.

 

 

 

FINANCIAL IMPACT:

 

Revenue for this Agreement is included in Budget Control 042 in FY 2021-22 Budget and will be included in the budgeting process for future year.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A - Standard Agreement - Amendment with Department of State Hospitals No. 21-78005-000
Attachment B - Risk Assessment Form