Common use of FRAMEWORK OF THE AGREEMENT Clause in Contracts

FRAMEWORK OF THE AGREEMENT. A. This matter was instituted by the United States pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”), 42 U.S.C. § 1997. B. This Settlement Agreement resolves the investigation conducted by the United States Department of Justice at LHH pursuant to CRIPA. In conformity with CRIPA, this Agreement represents a voluntary effort by the City to meet the concerns raised by the United States’ investigation. See 42 U.S.C. § 1997b(a)(2)(B) and § 1997g. C. This Settlement Agreement is entered into between the United States and the City and County of San Francisco. D. LHH is an institution covered by CRIPA and is owned and operated by the City and County of San Francisco to provide skilled nursing and other health care and related supports and services to persons with particular health care needs. At the time of the effective date of this Settlement Agreement, LHH is a certified “Provider” of nursing facility services under Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act. The City has authority and responsibility for the operation of LHH and is responsible for the implementation of this Settlement Agreement. E. On February 7, 1997, the Attorney General of the United States, by and through the Assistant Attorney General, Civil Rights Division, notified the Mayor of San Francisco of the Department’s intention to investigate allegations of unconstitutional and unlawful conditions at LHH pursuant to CRIPA. F. Following an investigation, on May 6, 1998, the Attorney General of the United States, by and through the Acting Assistant Attorney General, Civil Rights Division, provided the Mayor of San Francisco, the City’s Director of Health, and the Interim Executive Administrator of LHH with a letter, pursuant to 42 U.S.C. § 1997b(a)(1), with specific findings, supporting facts, and recommended remedial measures. G. On April 1, 2003, the Assistant Attorney General, Civil Rights Division, provided the City Attorney, the City’s Director of Health, and the Executive Administrator of LHH with a letter, pursuant to 42 U.S.C. § 1997b(a)(1), with specific supplemental findings, supporting facts, and recommended remedial measures made pursuant to the Americans with Disabilities Act (“ADA”). H. In entering into this Settlement Agreement, City officials do not admit any violation of the Constitution or of any law, and this Settlement Agreement may not be used as evidence of liability in any other legal proceeding. This Agreement is not intended to create any rights in any person or entity not a party to it. Nothing herein is intended to waive any rights or claims with respect to third parties who are not parties to this Settlement Agreement. I. The provisions of this Settlement Agreement are a lawful, fair, and appropriate resolution of this matter and resolve all issues raised and findings issued against the City by the United States in the course of its investigation of LHH. J. This Settlement Agreement is binding upon the United States and the City and County of San Francisco, their officers, agents, employees, assigns, and successors. K. Except where otherwise specified, Defendants shall implement all provisions of this Settlement Agreement within 90 days of the effective date of the Settlement Agreement. The effective date of the Settlement Agreement is the date when the last listed signatory has signed the Settlement Agreement. This date shall be noted clearly on the signature page at the end of the Settlement Agreement. L. This Settlement Agreement provides for actions, practices, and procedures that the City has agreed to implement. The City shall demonstrate that any identified area of non-compliance has been addressed by effective corrective action in a prompt manner. M. The purpose of the Settlement Agreement is that the City will achieve desired outcomes for and provide the necessary protections, supports and services to the residents of LHH. The United States acknowledges the good faith efforts of the City in trying to address the remedial measures needed for the placement of appropriate individuals in the most integrated setting and for the improvement of care and treatment services provided to LHH residents. N. If the United States maintains that the City has failed to carry out any requirement of this Agreement, the United States shall so notify the City. Throughout, the United States and the City will coordinate and discuss areas of disagreement and attempt to resolve outstanding differences. O. The United States shall have full and complete access to residents, persons, employees, residences, facilities, buildings, programs, services, documents, records, and materials that are necessary to assess the City’s compliance and/or implementation efforts with this Settlement Agreement. Such access shall include departmental and/or individual resident medical and other records. The United States shall provide the City with reasonable notice of any visit or inspection, although the parties agree that no notice shall be required in an emergency situation where the life, immediate health or immediate safety of resident(s) is at issue. Such access shall continue until this Settlement Agreement is terminated. P. This Settlement Agreement shall terminate three years from its effective date. The parties may agree to terminate the Agreement prior to the end of the three-year term, provided the City has implemented all provisions of the Settlement Agreement and maintained implementation of all provisions of the Settlement Agreement for one year. Q. The City shall promptly notify the United States upon the death of any resident. The City shall forward to the United States copies of any completed incident reports related to deaths, autopsies and/or death summaries of residents, as well as all final reports of investigations that involve residents. The United States may require additional written reports from the City regarding the City’s compliance with the Settlement Agreement. The City will cooperate and comply with any such requests.

FRAMEWORK OF THE AGREEMENT. A. This matter was instituted by the United States pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”), 42 U.S.C. § 1997. B. This Settlement Agreement resolves the investigation conducted by the United States Department of Justice at LHH pursuant to CRIPA. In conformity with CRIPA, this Agreement represents a voluntary effort by the City to meet the concerns raised by the United States’ investigation. See 42 U.S.C. § 1997b(a)(2)(B) and § 1997g. C. This Settlement Agreement is entered into between the United States and the City and County of San Francisco. D. LHH is an institution covered by CRIPA and is owned and operated by the City and County of San Francisco to provide skilled nursing and other health care and related supports and services to persons with particular health care needs. At the time of the effective date of this Settlement Agreement, LHH is a certified “Provider” of nursing facility services under Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act. The City has authority and responsibility for the operation of LHH and is responsible for the implementation of this Settlement Agreement. E. On February 7, 1997, the Attorney General of the United States, by and through the Assistant Attorney General, Civil Rights Division, notified the Mayor of San Francisco of the Department’s intention to investigate allegations of unconstitutional and unlawful conditions at LHH pursuant to CRIPA. F. X. Following an investigation, on May 6, 1998, the Attorney General of the United States, by and through the Acting Assistant Attorney General, Civil Rights Division, provided the Mayor of San Francisco, the City’s Director of Health, and the Interim Executive Administrator of LHH with a letter, pursuant to 42 U.S.C. § 1997b(a)(1), with specific findings, supporting facts, and recommended remedial measures. G. On April 1, 2003, the Assistant Attorney General, Civil Rights Division, provided the City Attorney, the City’s Director of Health, and the Executive Administrator of LHH with a letter, pursuant to 42 U.S.C. § 1997b(a)(1), with specific supplemental findings, supporting facts, and recommended remedial measures made pursuant to the Americans with Disabilities Act (“ADA”). H. In entering into this Settlement Agreement, City officials do not admit any violation of the Constitution or of any law, and this Settlement Agreement may not be used as evidence of liability in any other legal proceeding. This Agreement is not intended to create any rights in any person or entity not a party to it. Nothing herein is intended to waive any rights or claims with respect to third parties who are not parties to this Settlement Agreement. I. The provisions of this Settlement Agreement are a lawful, fair, and appropriate resolution of this matter and resolve all issues raised and findings issued against the City by the United States in the course of its investigation of LHH. J. This Settlement Agreement is binding upon the United States and the City and County of San Francisco, their officers, agents, employees, assigns, and successors. K. Except where otherwise specified, Defendants shall implement all provisions of this Settlement Agreement within 90 days of the effective date of the Settlement Agreement. The effective date of the Settlement Agreement is the date when the last listed signatory has signed the Settlement Agreement. This date shall be noted clearly on the signature page at the end of the Settlement Agreement. L. This Settlement Agreement provides for actions, practices, and procedures that the City has agreed to implement. The City shall demonstrate that any identified area of non-compliance has been addressed by effective corrective action in a prompt manner. M. The purpose of the Settlement Agreement is that the City will achieve desired outcomes for and provide the necessary protections, supports and services to the residents of LHH. The United States acknowledges the good faith efforts of the City in trying to address the remedial measures needed for the placement of appropriate individuals in the most integrated setting and for the improvement of care and treatment services provided to LHH residents. N. If the United States maintains that the City has failed to carry out any requirement of this Agreement, the United States shall so notify the City. Throughout, the United States and the City will coordinate and discuss areas of disagreement and attempt to resolve outstanding differences. O. The United States shall have full and complete access to residents, persons, employees, residences, facilities, buildings, programs, services, documents, records, and materials that are necessary to assess the City’s compliance and/or implementation efforts with this Settlement Agreement. Such access shall include departmental and/or individual resident medical and other records. The United States shall provide the City with reasonable notice of any visit or inspection, although the parties agree that no notice shall be required in an emergency situation where the life, immediate health or immediate safety of resident(s) is at issue. Such access shall continue until this Settlement Agreement is terminated. P. This Settlement Agreement shall terminate three years from its effective date. The parties may agree to terminate the Agreement prior to the end of the three-year term, provided the City has implemented all provisions of the Settlement Agreement and maintained implementation of all provisions of the Settlement Agreement for one year. Q. The City shall promptly notify the United States upon the death of any resident. The City shall forward to the United States copies of any completed incident reports related to deaths, autopsies and/or death summaries of residents, as well as all final reports of investigations that involve residents. The United States may require additional written reports from the City regarding the City’s compliance with the Settlement Agreement. The City will cooperate and comply with any such requests.