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AGREEMENT
THIS AGREEMENT is made and entered into this 5th
Agreement No. 18-292
day of _---=J=u=ne=-----• 2018, by
3 and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and BAART BEHAVIORAL HEALTH SERVICES, INC., a California
5 Corporation, whose mailing address is 1720 Lakepointe Drive, Suite 117, Lewisville, TX 75057
6 hereinafter referred to as "PROVIDER."
7 WHEREAS, COUNTY, through its Department of Behavioral Health, Contracts Division -
8 Substance Use Disorder Services (DBH), has determined there is a need for certain inmates of
9 COUNTY's Detention Facilities to receive Narcotic Treatment Program (NTP) services for Opioid Use
1 O Disorders; and
11 WHEREAS, PROVIDER has the necessary certification, licensure and permits from the
12 Department of Health Care Services and the U.S. Drug Enforcement Administration (DEA) and is
13 willing and able to provide NTP services as required by the COUNTY, pursuant to both Title 9 and 22 of
14 the California Code of Regulations, California Health and Safety Code Sections 11750 et seq., the
15 California Alcohol and Drug Standards and per the terms and conditions of this agreement.
16 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
17 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
18 1. SERVICES
19 A. PROVIDER shall perform all services and fulfill all responsibilities for the
20 provision of NTP services as identified in Exhibit A, "Scope of Work" and in a manner consistent with
21 State and Federal laws, regulations and statues.
22 B. PROVIDER shall provide NTP services including intake, assessment, dispensing
23 of medications, education about NTP services and medications, and referral to community-based
24 services as necessary. NTP services will be delivered in accordance with medical necessity, as
25 directed by a physician, to those identified inmates in Fresno County jails who are currently enrolled in
26 an NTP program upon incarceration as well as those who are identified by jail staff as potentially
27 requiring the NTP services.
28 Ill
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C.PROVIDER shall comply with all regulations and policies of the Fresno County
Sheriff’s Office while providing services at the Fresno County Detention Facilities.
D.PROVIDER shall have sufficient licensed and qualified staff to provide daily NTP
services throughout the term of the Agreement. PROVIDER staff providing their services at the
Detention Facilities shall have obtained the required Jail Clearance from the Fresno County Sheriff’s
Office.
E.PROVIDER shall submit a written policy to the COUNTY describing its criteria for
a client/inmate being unamenable to their treatment program. PROVIDER shall notify the COUNTY
within three (3) days of determining a client as unamenable to their NTP services.
F.PROVIDER shall notify other NTP services providers if their client(s) are
incarcerated and obtain client treatment plans to continue services in the Detention Facilities.
PROVIDER shall notify the other provider when the inmate is discharged.
G.PROVIDER shall comply with all requirements of the Federal Department of
Justice National Prison Rape Elimination Act (PREA) standards.
H.PROVIDER shall maintain at PROVIDER’s expense, a computer system
compatible with COUNTY’s Substance Abuse Information System (SAIS), and high-speed Internet
connection for the purposes of submitting information required under the terms and conditions of this
Agreement.
I.COUNTY encourages PROVIDER to adopt and maintain Electronic Health
Records (EHR) meeting the requirements of the Health Information Technology for Economic and
Clinical Health Act (HITECH), part of the American Recovery and Reinvestment Act (ARRA) of 2009.
PROVIDER shall bear all of the costs associated with penalties and/or fines for non-compliance with
such regulations.
2.TERM
The term of this Agreement shall be for a period of three (3) years, commencing on the 1st
day of July, 2018 through the 30th of June, 2021. This Agreement may be extended for two (2)
additional twelve (12) month periods upon written approval of both parties no later than thirty (30) days
prior to the first day of each twelve (12) month period. The DBH Director, or her designee, is authorized
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to execute such written approval on behalf of the COUNTY based on PROVIDER’s satisfactory
performance.
3. TERMINATION
A. NON-ALLOCATION OF FUNDS – The terms of this Agreement, and the services
to be provided thereunder, are contingent on the approval of the funds by the appropriating government
agency. Should insufficient funds not be allocated, the services may be modified, or this Agreement
terminated, at any time by giving the PROVIDER thirty (30) days advance notice.
B. BREACH OF CONTRACT – COUNTY may immediately suspend or terminate
this Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term in this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by COUNTY of any
breach of this Agreement or any default which may then exist on the part of the PROVIDER. Neither
shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or
default. COUNTY shall have the right to demand of the PROVIDER the repayment to COUNTY of any
funds disbursed to the PROVIDER under this Agreement. The PROVIDER shall promptly refund any
such funds upon demand.
C. WITHOUT CAUSE – Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY or PROVIDER upon giving thirty (30) days advance written
notice.
4. COMPENSATION
A. COMPENSATION – In no event shall reimbursement for services performed by
PROVIDER under this Agreement exceed the prevailing Drug Medi-Cal reimbursement rate approved
by the Department of Health Care Services for each term of this agreement. It is understood that all
expenses incidental to PROVIDER’s performance of services under this Agreement shall be borne by
PROVIDER.
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1) Reimbursement for non-perinatal and perinatal Methadone and
Buprenorphine is limited to the maximum allowable rate set by the State, “Drug Medi-Cal Rates for
Fiscal Year 2017-18” attached hereto and by this reference incorporated herein as Exhibits B-1 and B-
2, and updated annually. PROVIDER shall not be paid any amount in excess of the actual annual costs
of providing services. Monthly invoices shall be submitted in accordance with Section Five (5),
INVOICING, of this agreement. For periods of July 1, 2018, through June 30, 2019, July 1, 2019
through June 30, 2020 and July 1, 2020 through June 30, 2021, in no event shall actual services
performed be in excess of One Hundred Fifty Thousand and No/100 ($150,000.00) for each twelve (12)
month period. Should the Agreement be extended as stated in Section Two (2), TERM, for the
extension periods of July 1, 2021 through June 30, 2022, and July 1, 2022 through June 30, 2023, in no
event shall actual services performed be in excess of One Hundred Fifty Thousand and No/100
($150,000.00) for each twelve (12) month period.
2) Payments by COUNTY shall be in arrears, for services provided during
the preceding month, within forty-five (45) days after receipt, verification and approval of PROVIDER’s
invoices by COUNTY’s DBH.
3) PROVIDER shall be reimbursed for mileage for staff traveling for work to
and from PROVIDER’s clinic to the COUNTY Detention Facilities. The mileage reimbursement rate
shall equal the prevailing rate established by the Internal Revenue Service (IRS) and used by the
COUNTY.
4) COUNTY shall reimburse PROVIDER a per trip rate of Twenty-Five
dollars ($25.00).
5) COUNTY shall reimburse PROVIDER the cost of fingerprinting
PROVIDER staff for Jail Clearance at a rate of Fifty-Two dollars ($52.00) per employee.
B. COMPLIANCE – If PROVIDER should fail to comply with any provision of this
Agreement, COUNTY shall be relieved of its obligation for further compensation. PROVIDER’s and
COUNTY’s obligation under this section shall survive the termination of this Agreement with respect to
services provided during the term of this Agreement without regard to the cause of the termination of
this Agreement.
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C. QUALITY ASSURANCE – For services rendered herein, PROVIDER shall
assure that an on-going quality assurance component is in place and is occurring. PROVIDER shall
assure that clinical records for each participant are of such detail and length that a review of said record
will verify that appropriate services were provided. If the record is unclear, incomplete, and/or indicates
that appropriate services were not provided, COUNTY reserves the right to withhold payment for the
applicable unit(s) of service.
D. PUBLIC INFORMATION – PROVIDER shall disclose its funding source in all
public information; however, this requirement of disclosure of funding source shall not be required in
spot radio or television advertising.
E. LOBBYING ACTIVITY – PROVIDER shall not directly or indirectly use any of the
funds under the Agreement for any political activity or to further the election or defeat of any candidate
for public office.
5. INVOICING
PROVIDER shall invoice COUNTY in arrears by the (20th) day of each month for actual
services rendered in the previous month. Invoices shall be emailed to SAS@co.fresno.ca.us with the
subject line “Jail NTP Services Analyst.” Invoices shall be accompanied by monthly client roster
indicating units of service and other documentation and reports as indicated in Section Sixteen (16),
REPORTS – SUBSTANCE USE DISORDER SERVICES. Any reports or other required documentation
shall be in the form and in such detail as acceptable to COUNTY’s DBH. No reimbursement for
services shall be made until the invoice is received, reviewed, and approved by COUNTY’s DBH.
PROVIDER shall invoice COUNTY for reimbursement of cost for fingerprinting
PROVIDER staff for Jail Clearance. Receipts from the Sheriff’s Office shall accompany claims for
fingerprinting cost reimbursements.
PROVIDER shall invoice COUNTY for mileage monthly using a standard COUNTY form
and providing the destination from PROVIDER’s Clinic with the starting and ending mileage and miles
travelled for each trip.
If an invoice is incorrect or is otherwise not in proper form or substance, COUNTY’s DBH
Director or her designee shall have the right to withhold payment as to only that portion of the invoice
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that is incorrect or improper after five (5) days prior to notice to PROVIDER. PROVIDER agrees to
continue to provide services for a period of ninety (90) days after notification of an incorrect or improper
invoice. If after said ninety (90) day period said invoice(s) is still not corrected to the satisfaction of
COUNTY’s DBH Director, COUNTY may elect to terminate the Agreement, pursuant Section Three (3),
TERMINATION, of this Agreement. In addition, PROVIDER shall submit all invoices to COUNTY’s DBH
for services provided within ninety (90) days after each 12 month period of this Agreement expires or
this Agreement is terminated. If invoices are not submitted within ninety (90) days after each 12 month
period expires or this Agreement is terminated, COUNTY’s DBH shall have the right to deny payment.
Final general ledgers for services provided during each 12 month period of this
Agreement must be received within sixty (60) days after each 12 month period expires or this
Agreement is terminated, COUNTY’s DBH shall have the right to deny payment for services covered by
such general ledger.
6. PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for PROVIDER’s advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc) for the purpose of self-promotion. Notwithstanding the
above, publicity of the services described in Section One (1), SERVICES, of this Agreement shall be
allowed as necessary to raise public awareness about the availability of such specific services when
approved in advance by the DBH Director or her designee, and at a cost provided for such items as
written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related
expense(s).
7. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by PROVIDER under this
agreement, it is mutually understood and agreed that PROVIDER, including any and all of the
PROVIDER’s officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venture, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
right to control or supervise, or direct the manner or method by which PROVIDER shall perform its work
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and function. However, COUNTY shall retain the right to administer the Agreement so as to verify that
PROVIDER is performing its obligations in accordance with the terms and conditions thereof.
PROVIDER and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, PROVIDER shall have absolutely no
right to employment rights and benefits available to COUNTY employees. PROVIDER shall be solely
liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, PROVIDER shall be solely responsible to save COUNTY harmless from all
matters relating to payment of PROVIDER’s employees, including compliance with Social Security
withholding and all other regulations governing such matters. It is acknowledged that during the term of
this Agreement, PROVIDER may be providing services to others unrelated to the COUNTY or to the
Agreement.
8. CONFLICT OF INTEREST
No officer, agent, or employee of the COUNTY who exercises any function or
responsibility for planning and carrying out the services provided under this Agreement shall have any
direct or indirect personal financial interest in this Agreement. PROVIDER shall comply with all Federal,
State of California, and local conflict of interest laws, statutes, and regulations, which shall be
applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee of
the COUNTY.
9. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the PROVIDER is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this Agreement, the PROVIDER changes its
status to operate as a corporation.
Members of the PROVIDER’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while PROVIDER is providing goods or performing services under
this Agreement. A self-dealing transaction shall mean a transaction to which the PROVIDER is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
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Directors shall disclose any self-dealing transactions that they are a party to by completing and signing
a Self-Dealing Transaction Disclosure Form (Exhibit C) and submitting it to the COUNTY prior to
commencing with the self-dealing transaction or immediately thereafter.
10. MODIFICATION
Any matters of this Agreement may be modified from time to time by written consent of
all parties without, in any way, affecting the remainder.
Notwithstanding the above, changes to Section One (1), SERVICES, as needed to
accommodate changes in State and Federal Law relating to mental health and substance use disorder
treatment may be made with the signed written approval of COUNTY’s DBH Director or her designee
and respective PROVIDER through an amendment approved by County Counsel and Auditor.
11. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement not their rights or
duties under this Agreement without prior written consent of the other party.
12. HOLD HARMLESS
PROVIDER agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the
performance, or failure to perform, by PROVIDER, its officers, agents, or employees under this
Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring
or resulting to any person, firm, or corporation who may be injured or damaged by the performance,
or failure to perform, of PROVIDER, its officers, agents, or employees under this Agreement.
13. INSURANCE
Without limiting the COUNTY’s right to obtain indemnification from PROVIDER or any
third parties, PROVIDER, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the contract:
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A. COMMERCIAL GENERAL LIABILITY
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 Dollars ($2,000,000). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. AUTOMOBILE LIABILITY
Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars
($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars
($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars
($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this
Agreement.
C. PROFESSIONAL LIABILITY
If PROVIDER employs licensed professional staff (e.g., Ph.D., R.N., L.C.S.W.,
L.M.F.T) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. WORKERS COMPENSATION
A policy of Worker’s Compensation insurance as may be required by the
California Labor Code.
PROVIDER shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents, and employees shall be
excess only and not contributing with insurance provided under PROVIDER’s policies herein. This
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance notice given
to COUNTY.
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Within thirty (30) days for the date PROVIDER signs this Agreement, PROVIDER
shall provide certificates of insurance and endorsements as stated above for all of the foregoing
policies, as required herein, to the County of Fresno, Department of Behavioral Health, Contracts
Division – Substance Use Disorder Services at 3133 N. Millbrook Ave., Fresno California, 93703,
Attention: SUD Services Staff Analyst, stating that such Commercial General Liability insurance names
the County of Fresno, its officers, agents, employees, individually and collectively, as additional
insured, but insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by COUNTY, its officers, agents, and employees, shall be in excess only and not
contributing with insurance provided under PROVIDER’s policies herein; and that this insurance shall
not be cancelled or changed without minimum of thirty (30) days advance, written notice given to
COUNTY.
In the event any PROVIDER fails to keep in effect at all times insurance
coverage as herein provided, COUNTY may, in addition to other remedies it may have, suspend or
terminate the Agreement with Provider upon the occurrence of such event.
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 of
A FSC VII or better.
14. SUBCONTRACTS
PROVIDER shall be required to assume full responsibility for all services and activities
covered by this Agreement, whether or not PROVIDER is providing services directly. Further,
PROVIDER shall be the sole point of contact with regard to contractual matters, including payment of
any and all charges from the Agreement.
If PROVIDER should propose to subcontract with one or more third parties to carry out a
portion of the services covered by this Agreement, any such subcontract shall be in writing and
approved as to form and content by COUNTY’s DBH Director or her designee prior to execution and
implementation. COUNTY’s DBH Director or her designee shall have the right to reject any such
proposed subcontract. Any such subcontract together with all activities by or caused by PROVIDER
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shall not require compensation greater than the total budget contained herein. An executed copy of any
such subcontract shall be received by COUNTY before any implementation and shall be retained by
COUNTY. PROVIDER shall be responsible to COUNTY for the proper performance of any subcontract.
Any subcontractor shall be subject to the same terms and conditions that PROVIDER is subject to
under this Agreement.
15. NO THIRD PARTY BENEFICIARIES
It is understood and agreed by and between the parties that the services provided by
PROVIDER for COUNTY herein are solely for the benefit of the COUNTY, and that nothing in
Agreement is intended to confer on any person other than the parties hereto any right under or by
reason of this Agreement.
16. REPORTS—SUBSTANCE USE DISORDER SERVICES
PROVIDER shall submit all information and data required by State, including, but not
limited to the following:
A. Drug and Alcohol Treatment Access Report (DATAR) and Provider Waiting List
Record (WLR) in an electronic format provided by the State and due no later than five (5) days after the
preceding month; and
B. CalOMS Treatment – Submit CalOMS treatment admission, discharge, annual
update, and “provider activity report” record in an electronic format through COUNTY’s SAIS system,
and on a schedule as determined by the COUNTY which complies with State requirements for data
content, data quality, reporting frequency, reporting deadlines, and report method and due no later than
five (5) days after the preceding month. All CalOMS admissions, discharges, and annual updates must
be entered into the COUNTY’s CalOMS system within twenty-four (24) hours of occurrence; and
C. PROVIDER shall submit to COUNTY monthly fiscal and all program reports,
including Provider Waiting List Record (WLR), within twenty (20) days of the end of each month.
D. Americans with Disabilities (ADA) – Annually, upon request by DBH, PROVIDER
shall complete a system-wide accessibility survey in a format determined by DBH for each service
location and modality and shall submit an ADA Accessibility Certification and Self-Assessment,
including an Implementation Plan, for each service location.
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E. Cost Reports – On an annual basis for each fiscal year ending June 30th
PROVIDER shall submit a complete and accurate detailed cost report(s). Cost reports must be
submitted to the COUNTY as a hard copy with a signed cover letter and an electronic copy by the due
date. Submittal must also include any requested support documents such as general ledgers. All
reports submitted by PROVIDER to COUNTY must be typewritten. COUNTY will issue instructions for
completion and submittal of the annual cost report, including the relevant cost report template(s) and
due dates within forty-five (45) days of each fiscal year end. All cost reports must be prepared in
accordance with Generally Accepted Accounting Principles. Unallowable costs such as lobbying or
political donations must be deducted from the cost report and all invoices. If the PROVIDER does not
submit the cost report by the due date, including any extension period granted by the COUNTY, the
COUNTY may withhold payment of pending invoices until the cost report(s) has been submitted and
clears COUNTY desk audit for completeness and accuracy.
1) DMC - A DMC cost report must be submitted in a format
prescribed by the DHCS for the purposes of Short Doyle Medi-Cal reimbursement of total costs for all
programs. PROVIDER shall report costs under their approved legal entity number established during
the DMC certification process. Total units of service reported on the cost report will be compared to the
units of services entered by PROVIDER into COUNTY’s data system. PROVIDER will be required to
correct discrepancies and resubmit to COUNTY prior to COUNTY’s final acceptance of the cost report.
2) OTHER FUNDING SOURCES – PROVIDER will be required to
submit a cost report on a form(s) approved and provided by the COUNTY to reflect actual costs and
reimbursement for services provided through funding sources other than DMC. Contracts that include a
negotiated rate per unit of service will be reimbursed only for the costs of approved units of service up
to the negotiated unit of service rate approved in the Agreement, regardless of the contract maximum. If
the cost report indicates an amount due to COUNTY, PROVIDER shall submit payment with the report.
If an amount is due to PROVIDER COUNTY shall reimburse PROVIDER within forty-five (45) days of
receiving and accepting the year-end cost report.
3) MULTIPLE FUNDING SOURCES – If PROVIDER has multiple
agreements for the same services provided at the same location where at least one of the Agreements
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is funded through DMC and the other funding is other federal or county realignment funding, it will be
required to complete DMC cost reports and COUNTY approved cost reports. Such Agreements will be
settled for actual costs in accordance with Medicaid reimbursement requirements as specified in Title
XIX or Title XXI of the Social Security Act; Title 22, and the State’s Medicaid Plan. During the term of
this Agreement and thereafter, COUNTY and PROVIDER agree to settle dollar amounts disallowed or
settled in accordance with DHCS and COUNTY audit settlement findings. DHCS audit process is
approximately eighteen (18) to thirty-six (36) months following the close of the State fiscal year.
COUNTY may choose to appeal DHCS settlement results and therefore reserves the right to defer
payback settlement with PROVIDER until resolution of the appeal.
In the event that PROVIDER fails to provide such reports or other information required
hereunder, it shall be deemed sufficient cause for the COUNTY to withhold monthly payments until
there is compliance. In addition, the PROVIDER shall provide written notification and explanation to the
COUNTY within fifteen (15) days of any funds received from another source to conduct the same
services covered by this Agreement.
17. EVALUATION – MONITORING
OUTCOMES – COUNTY’s DBH Director, or her designee, and DHCS or their designees
shall monitor and evaluate the performance of PROVIDER under this Agreement to determine to the
best possible degree the success or failure of the services provided under this Agreement. At the
discretion of the COUNTY, a subcontractor may be obtained by the COUNTY to independently
evaluate and monitor the performance of the PROVIDER. PROVIDER shall participate in the evaluation
of the program as needed, at the discretion of COUNTY.
COUNTY shall recapture from PROVIDER the value of any services or other
expenditures determined to be ineligible based on the COUNTY or State monitoring results. At the
discretion of the COUNTY, recoupment can be made through a future invoice reduction or
reimbursement by the PROVIDER.
PROVIDER shall participate in a review of the program at least yearly or more
frequently, or as needed, at the discretion of COUNTY. The PROVIDER agrees to supply all
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information requested by the COUNTY, DHCS, and/or the subcontractor during the program evaluation,
monitoring, and/or review.
18. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent access,
viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of
COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter
into a contractual relationship with the COUNTY for the purpose of providing services under this
Agreement must employ adequate data security measures to protect the confidential information
provided to PROVIDER by the COUNTY, including but not limited to the following:
A. PROVIDER-OWNED MOBILE, WIRELESS, OR HANDHELD DEVICES
PROVIDER may not connect to COUNTY networks via personally-owned mobile,
wireless or handheld devices, unless the following conditions are met:
1) PROVIDER has received authorization by COUNTY for telecommuting
purposes;
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
B. PROVIDER-OWNED COMPUTERS OR COMPUTER PERIPHERALS
PROVIDER may not bring PROVIDER-owned computers or computer
peripherals into the COUNTY for use without prior authorization from the COUNTY’s Chief Information
Officer, and/or designee(s), including but not limited to mobile storage devices. If data is approved to
be transferred, data must be stored on a secure server approved by the COUNTY and transferred by
means of a Virtual Private Network (VPN) connection, or another type of secure connection. Said data
must be encrypted.
C. COUNTY-OWNED COMPUTER EQUIPMENT
PROVIDER or anyone having an employment relationship with the COUNTY
may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior
authorization from the COUNTY’s Chief Information Officer, and/or designee(s).
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D. PROVIDER may not store COUNTY’s private, confidential or sensitive data on
any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
E. PROVIDER shall be responsible to employ strict controls to ensure the integrity
and security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or
disclosure of data maintained in computer files, program documentation, data processing systems, data
files and data processing equipment which stores or processes COUNTY data internally and externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
BIT or higher. Additionally, a password or pass phrase must be utilized.
G. PROVIDER is responsible to immediately notify COUNTY of any violations,
breaches or potential breaches of security related to COUNTY’s confidential information, data
maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally or externally.
H. COUNTY shall provide oversight to PROVIDER’s response to all incidents
arising from a possible breach of security related to COUNTY’s confidential client information provided
to PROVIDER. PROVIDER will be responsible to issue any notification to affected individuals as
required by law or as deemed necessary by COUNTY in its sole discretion. PROVIDER will be
responsible for all costs incurred as a result of providing the required notification.
19. PERINATAL SERVICES
PROVIDER shall comply with the requirements for "Perinatal Services Network
Guidelines FY 2016-17, available at the DHCS web address at:
http://www.dhcs.ca.gov/individuals/Pages/OWPS-SUD.aspx and by this reference incorporated herein,
and the State-County Contract between DHCS and the COUNTY until such time new Perinatal
Services Network Guidelines and the State-County Contract are updated and adopted. No formal
amendment of this contract is required for new guidelines to apply.
PROVIDER shall comply with federal and state mandates to provide alcohol and other
drug treatment services deemed medically necessary for Medi-Cal eligible: (1) pregnant and
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postpartum women, and (2) youth under age 21 who are eligible under the Early and Periodic
Screening, Diagnostic, and Treatment (EPSDT) Program.
PROVIDER shall require that counselors of perinatal DMC services are properly certified
to provide these services and comply with the requirements contained in Title 22, Section 51 341 .I,
Services for Pregnant and Postpartum Women and Title 9 commencing with section 10360.
20. INTERIM SERVICES
PROVIDER must adhere to the State-County Contract requirement to provide Interim
Services in the event that an individual must wait to be placed in treatment.
Interim Substance Abuse Services means services that are provided until an individual is
admitted to a substance abuse treatment program. The purposes of the services are to reduce the
adverse health effects of such abuse, promote the health of the individual, and reduce the risk of
transmission of disease. At a minimum, interim services include counseling and education about HIV
and tuberculosis (TB), about the risks of needle-sharing, the risks of transmission to sexual partners
and infants, and about steps that can be taken to ensure the HIV and TB transmission does not occur,
as well as referral for HIV or TB treatment services if necessary. For pregnant women, interim services
also include counseling on the effects of alcohol and drug use on the fetus, as well as referral for
prenatal care.
Records must indicate evidence that Interim Services have been provided and
documentation will be reviewed for compliance.
21. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this Agreement is amended
during the term thereof, the parties hereto agree to comply with the amended provision as of the
effective date of such amendment.
22. STATE ALCOHOL AND DRUG REQUIREMENTS
A. INDEMNIFICATION
The PROVIDER agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing
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or supplying work, services, materials or supplies in connection with the performance of this Agreement
and from any and all claims and losses accruing or resulting to any person, firm or corporation who may
be injured or damaged by the PROVIDER in the performance of this Agreement.
B. INDEPENDENT CONTRACTOR
The PROVIDER and the agents and employees of PROVIDER, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
or agents of State of California.
C. CONTROL REQUIREMENTS
This Agreement is subject to all applicable Federal and State laws, regulations
and standards. PROVIDER shall establish written procedures consistent with State-County Contract
requirements. The provisions of this Agreement are not intended to abrogate any provisions of law or
regulation existing or enacted during the term of this Agreement.
D. CONFIDENTIALITY
PROVIDER shall conform to and COUNTY shall monitor compliance with all
State of California and Federal statutes and regulations regarding confidentiality, including but not
limited to confidentiality of information requirements at Part 2, Title 42, Code of Federal Regulations;
California Welfare and Institutions Code, sections 14100.2, 11977, 11812, 5328; Division 10.5 and 10.6
of the California Health and Safety Code; Title 22, California Code of Regulations, section 51009; and
Division 1, Part 2.6, Chapters 1-7 of the California Civil Code.
E. REVENUE COLLECTION POLICY
PROVIDER shall conform to all policies and procedures regarding revenue
collection issued by the State under the provisions of the Health and Safety Code, Division 10.5.
F. EXPENDITURE OF STATE GENERAL AND FEDERAL FUNDS
PROVIDER agrees that all funds paid out by the State shall be used exclusively
for providing alcohol and/or drug program services, administrative costs, and allowable overhead.
G. ACCESS TO SERVICES
PROVIDER shall provide accessible and appropriate services in accordance with
Federal and State statutes and regulations to all eligible persons.
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H. REPORTS
PROVIDER agrees to participate in surveys related to the performance of this
Agreement and expenditure of funds and agrees to provide any such information in a mutually agreed
upon format.
I. AUDITS
All State and Federal funds furnished to the PROVIDER pursuant to this
Agreement along with related patient fees, third party payments, or other related revenues and funds
commingled with the foregoing funds are subject to audit by the State. The State may audit all alcohol
and drug program revenue and expenditures contained in this Agreement for the purpose of
establishing the basis for the subsequent year's negotiation.
J. RECORDS MAINTENANCE
1) PROVIDER shall maintain books, records, documents, and other
evidence necessary to monitor and audit this Agreement.
2) PROVIDER shall maintain adequate program and fiscal records relating
to individuals served under the terms of this Agreement, as required, to meet the needs of the State in
monitoring quality, quantity, fiscal accountability, and accessibility of services. Information on each
individual shall include, but not be limited to, admission records, patient and participant interviews and
progress notes, and records of service provided by various service locations, in sufficient detail to make
possible an evaluation of services provided and compliance with this Agreement.
23. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
COUNTY and PROVIDER each consider and represent themselves as covered entities
as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, Public Law 104-
191(HIPAA) and agree to use and disclose protected health information as required by law.
COUNTY and PROVIDER acknowledge that the exchange of protected health
information between them is only for treatment, payment, and health care operations.
COUNTY and PROVIDER intend to protect the privacy and provide for the security of
Protected Health Information (PHI) pursuant to the Agreement in compliance with HIPAA, the Health
Information Technology for Economic and Clinical Health Act, Public Law 111-005 (HITECH), and
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regulations promulgated thereunder by the U.S. Department of Health and Human Services (HIPAA
Regulations) and other applicable laws.
As part of the HIPAA Regulations, the Privacy Rule and the Security Rule require
PROVIDER to enter into a contract containing specific requirements prior to the
disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e) and
164.504(e) of the Code of Federal Regulations (CFR).
24. CULTURAL COMPETENCY
As related to Cultural and Linguistic Competence, PROVIDER shall comply with:
A. Title 6 of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d, and 45 C.F.R.
Part 80) and Executive Order 12250 of 1979 which prohibits recipients of federal financial assistance
from discriminating against persons based on race, color, national origin, sex, disability or religion. This
is interpreted to mean that a limited English proficient (LEP) individual is entitled to equal access and
participation in federally funded programs through the provision of comprehensive and quality bilingual
services.
B. Policies and procedures for ensuring access and appropriate use of trained
interpreters and material translation services for all LEP consumers, including, but not limited to,
assessing the cultural and linguistic needs of its consumers, training of staff on the policies and
procedures, and monitoring its language assistance program. The PROVIDER’s procedures must
include ensuring compliance of any sub-contracted providers with these requirements.
C. PROVIDER assurances that minors shall not be used as interpreters.
D. PROVIDER shall provide and pay for interpreting and translation services to
persons participating in PROVIDER’s services who have limited or no English language proficiency,
including services to persons who are deaf or blind. Interpreter and translation services shall be
provided as necessary to allow such participants meaningful access to the programs, services and
benefits provided by PROVIDER. Interpreter and translation services, including translation of
PROVIDER’s “vital documents” (those documents that contain information that is critical for accessing
PROVIDER’s services or are required by law) shall be provided to participants at no cost to the
participant. PROVIDER shall ensure that any employees, agents, subcontractors, or partners who
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interpret or translate for a program participant, or who directly communicate with a program participant
in a language other than English, demonstrate proficiency in the participant's language and can
effectively communicate any specialized terms and concepts peculiar to PROVIDER’s services.
E. In compliance with the State mandated Culturally and Linguistically Appropriate
Services standards as published by the Office of Minority Health, PROVIDER must submit to COUNTY
for approval, within 60 days from date of contract execution, PROVIDER’s plan to address all fifteen
national cultural competency standards as set forth in the “National Standards on Culturally and
Linguistically Appropriate Services” (CLAS), attached hereto as Exhibit D, and incorporated herein by
this reference. County’s annual on-site review of PROVIDER shall include collection of documentation
to ensure all national standards are implemented. As the national competency standards are updated,
PROVIDER’s plan must be updated accordingly.
F. PROVIDER shall complete and submit county-issued CLAS self-assessment
annually. PROVIDER shall update CLAS plan as necessary.
25. SINGLE AUDIT CLAUSE
A. If PROVIDER expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or
more in Federal and Federal flow-through monies, PROVIDER agrees to conduct an annual audit in
accordance with the requirements of the Single Audit Standards as set forth in 2CFR Part 200.
PROVIDER shall submit said audit and management letter to COUNTY. The audit must include a
statement of findings or a statement that there were no findings. If there were negative findings,
PROVIDER must include a corrective action plan signed by an authorized individual. PROVIDER
agrees to take action to correct any material non-compliance or weakness found as a result of such
audit. Such audit shall be delivered to COUNTY’s Department of Behavioral Health, Business Office
for review within nine (9) months of the end of any fiscal year in which funds were expended and/or
received for the program. Failure to perform the requisite audit functions as required by this Agreement
may result in COUNTY performing the necessary audit tasks, or at COUNTY’s option, contracting with
a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future
agreements with PROVIDER. All audit costs related to this Agreement are the sole responsibility of
PROVIDER.
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B. A single audit report is not applicable if PROVIDER’s Federal contracts do not
exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or PROVIDER’s only
funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
performed and a program audit report with management letter shall be submitted by PROVIDER to
COUNTY as a minimum requirement to attest to PROVIDER’s solvency. Said audit report shall be
delivered to COUNTY’s Department of Behavioral Health, Business Office for review, no later than nine
(9) months after the close of the fiscal year in which the funds supplied through this Agreement are
expended. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks
or contracting with a qualified accountant to perform said audit. All audit costs related to this
Agreement are the sole responsibility of PROVIDER who agrees to take corrective action to eliminate
any material noncompliance or weakness found as a result of such audit. Audit work performed by
COUNTY under this section shall be billed to the PROVIDER at COUNTY’s cost, as determined by
COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
PROVIDER shall make available all records and accounts for inspection by COUNTY,
the State of California, if applicable, the Comptroller General of the United States, the Federal Grantor
Agency, or any of their duly authorized representatives, at all reasonable times for a period of at least
three (3) years following final payment under this Agreement or the closure of all other pending matters,
whichever is later.
26. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section
1861(v) (1) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(1)[I]), until the expiration of four (4)
years after the furnishing of services under this Agreement, PROVIDER shall make available, upon
written request of the Secretary of the United States Department of Health and Human Services, or
upon request of the Comptroller General of the United States General Accounting Office, or any of their
duly authorized representatives, a copy of this Agreement and such books, documents, and records as
are necessary to certify the nature and extent of the costs of these services provided by PROVIDER
under this Agreement. PROVIDER further agrees that in the event PROVIDER carries out any of its
duties under this Agreement through a subcontract, with a value or cost of Ten Thousand and No/100
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Dollars ($10,000.00) or more over a twelve (12) month period, with a related organization, such
Agreement shall contain a clause to the effect that until the expiration of four (4) years after the
furnishing of such services pursuant to such subcontract, the related organizations shall make
available, upon written request of the Secretary of the United States Department of Health and Human
Services, or upon request of the Comptroller General of the United States General Accounting Office,
or any of their duly authorized representatives, a copy of such subcontract and such books, documents,
and records of such organization as are necessary to verify the nature and extent of such costs.
27. COMPLIANCE WITH LAWS AND POLICIES
PROVIDER shall comply with all applicable rules and regulations set forth in Titles 9 and
22 of the California Code of Regulations, and California Health and Safety Code section 11750 et seq.
PROVIDER shall comply with any other Federal and State laws or guidelines applicable to
PROVIDER’s performance under this Agreement or any local ordinances, regulations, or policies
applicable. Such provisions include, but are not restricted to:
A. PROVIDER shall provide that each client's ability to pay for services is
determined by the use of the method approved by COUNTY.
B. PROVIDER shall establish and use COUNTY’s approved method of determining
and collecting fees from clients.
C. PROVIDER shall furnish client records in accordance with the applicable Federal
and State regulations, and with the Standards for Alcohol and Drug Treatment Programs set forth by
the State Department of Alcohol and Drug Programs, including in such records a treatment plan for
each client, and evidence of each service rendered.
D. PROVIDER shall submit accurate, complete and timely claims and cost reports,
reporting only allowable costs.
E. PROVIDER shall comply with statistical reporting and program evaluation
systems as provided in State of California regulations and in this Agreement.
F. PROVIDER shall comply with requirements contained in the State-County
Contract with DHCS by this reference incorporated herein, until such time that a new State-County
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Contract is established. Upon amendment of the State-County Contract, the terms of the amended
Contract shall automatically be incorporated into this Agreement.
28. FEDERAL CERTIFICATIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS
A. DBH and PROVIDER recognize that Federal assistance funds will be used under
the terms of this Agreement. For purposes of this section, DBH will be referred to as the "prospective
recipient".
B. This certification is required by the regulations implementing Executive Order
12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participants' responsibilities. The
regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
1) The prospective recipient of Federal assistance funds certifies by entering
this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2) The prospective recipient of funds agrees by entering into this
Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the Federal department or agency with which this transaction
originated.
3) Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective participant shall attach an
explanation to this Agreement.
4) The PROVIDER shall provide immediate written notice to DBH if at any
time PROVIDER learns that its certification in this clause of this Agreement was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5) The prospective recipient further agrees that by entering into this
Agreement, it will include a clause identical to this clause of this Agreement, and titled "Certification
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Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered
Transactions", in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6) The certification in this clause of this Agreement is a material
representation of fact upon which reliance was placed by COUNTY when this transaction was entered
into.
29. CLEAN AIR AND WATER
In the event funding under this Agreement exceeds one hundred thousand dollars ($100,000.00),
the PROVIDER must comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), section 506 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 32).
30. ENERGY EFFICIENCY
The PROVIDER must comply with the mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with Energy
Policy and Conservation Act (Pub. L. 94 163).
31. NON-DISCRIMINATION PROVISION
A. ELIGIBILITY FOR SERVICES – PROVIDER shall prepare, prominently post in its
facility, and make available to the DBH Director or her designee and to the public all eligibility
requirements to participate in the program funded under this Agreement. PROVIDER shall not
unlawfully discriminate in the provision of services because of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran
status as provided by State of California and Federal law in accordance with Title VI of the Civil Rights
Act of 1964 (42 USC section 2000(d)); Age Discrimination Act of 1975 (42 USC section 1681);
Rehabilitation Act of 1973 (29 USC section 794); Education Amendments of 1972 (20 USC section
1681); Americans with Disabilities Act of 1990 (42 USC section 12132); Title 45, Code of Federal
Regulations, Part 84; provisions of the Fair Employment and Housing Act (California Government Code
section 12900); and regulations promulgated thereunder (Title 2, CCR, section 7285.0); Title 2, Division
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3, Article 9.5 of the California Government Code commencing with section 11135; and Title 9, Division
4, Chapter 6 of the California Code of Regulations commencing with section 10800.
B. EQUAL OPPORTUNITY – PROVIDER shall comply with California Government
Code, section 12990 and California Code of Regulations, Title II, Division 4, Chapter 5, in matters
related to the development, implementation, and maintenance of a nondiscrimination program.
PROVIDER shall not discriminate against any employee or applicant for employment because race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military or veteran status. Such practices include retirement, recruitment, advertising,
hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation,
use of facilities, and other terms and conditions of employment. PROVIDER agrees to post in
conspicuous places, notices available to all employees and applicants for employment setting forth the
provisions of the Equal Opportunity Act (42 USC section 2000(e)) in conformance with Federal
Executive Order No. 11246. PROVIDER agrees to comply with the provisions of the Rehabilitation Act
of 1973 (29 USC Section 794).
C. SUSPENSION OF COMPENSATION – If an allegation of discrimination occurs,
DBH may withhold all further funds, until PROVIDER can show by clear and convincing evidence to the
satisfaction of DBH that funds provided under this Agreement were not used in connection with the
alleged discrimination.
D. NEPOTISM – Except by consent of the DBH Director or her designee, no person
shall be employed by PROVIDER who is related by blood or marriage to or who is a member of the
Board of Directors or an officer of PROVIDER.
E. NEW FACILITIES AND DISABILITY ACCESS – New facilities shall be
wheelchair accessible and provide access to the disabled, consistent with Title 9, California Code of
Regulations, section 10820. If a new facility will be utilized, a plan ensuring accessibility to the disabled
must be developed. DBH shall assess, monitor, and document PROVIDER’S compliance with the
Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 to ensure that
recipients/beneficiaries and intended recipients/beneficiaries of services are provided services without
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regard to physical or mental disability and that PROVIDER has provided a facility accessible to the
physically disabled.
32. ASSURANCES
In entering into this Agreement, PROVIDER certifies that it is not currently excluded,
suspended, debarred, or otherwise ineligible to participate in the Federal Health Care Programs; that it
has not been convicted of a criminal offense related to the provision of health care items or services;
nor has it been reinstated to participation in the Federal Health Care Programs after a period of
exclusion, suspension, debarment, or ineligibility. If COUNTY learns, subsequent to entering into a
contract, that PROVIDER is ineligible on these grounds, COUNTY will remove PROVIDER from
responsibility for, or involvement with, COUNTY’s business operations related to the Federal Health
Care Programs and shall remove such PROVIDER from any position in which PROVIDER’s
compensation, or the items or services rendered, ordered or prescribed by PROVIDER may be paid in
whole or part, directly or indirectly, by Federal Health Care Programs or otherwise with Federal Funds
at least until such time as PROVIDER is reinstated into participation in the Federal Health Care
Programs. Further the PROVIDER agrees to the Disclosure of Criminal History and Civil Actions and
Certification regarding debarment suspension and other responsibility matters primary covered
transactions; PROVIDER must sign an appropriate Certification regarding debarment, suspension, and
other responsibility matters, attached hereto as Exhibit E, incorporated herein by reference and made
part of this Agreement.
A. If COUNTY has notice that PROVIDER has been charged with a criminal offense
related to any Federal Health Care Program, or is proposed for exclusion during the term on any
contract, PROVIDER and COUNTY shall take all appropriate actions to ensure the accuracy of any
claims submitted to any Federal Health Care Program. At its discretion given such circumstances,
COUNTY may request that PROVIDER cease providing services until resolution of the charges or the
proposed exclusion.
B. PROVIDER agrees that all potential new employees of PROVIDER or
subcontractors of PROVIDER who, in each case, are expected to perform professional services under
this Agreement, will be queried as to whether (1) they are now or ever have been excluded, suspended,
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debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2) they have been
convicted of a criminal offense related to the provision of health care items or services; and or (3) they
have been reinstated to participation in the Federal Health Care Programs after a period of exclusion,
suspension, debarment, or ineligibility.
1) In the event the potential employee or subcontractor informs PROVIDER
that he or she is excluded, suspended, debarred or otherwise ineligible, or has been convicted of a
criminal offense relating to the provision of health care services, and PROVIDER hires or engages such
potential employee or subcontractor, PROVIDER will ensure that said employee or subcontractor does
no work, either directly or indirectly relating to services provided to COUNTY.
2) Notwithstanding the above, COUNTY at its discretion may terminate this
Agreement in accordance with Section Three (3), TERMINATION, of this Agreement, or require
adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible
employee or subcontractor of PROVIDER will perform work, either directly or indirectly, relating to
services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time
frame to be determined by COUNTY to protect the interests of COUNTY consumers.
C. PROVIDER shall verify (by asking the applicable employees and
subcontractors) that all current employees and existing subcontractors who, in each case, are expected
to perform professional services under this Agreement (1) are not currently excluded, suspended,
debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2) have not been
convicted of a criminal offense related to the provision of health care items or services; and (3) have not
been reinstated to participation in the Federal Health Care Program after a period of exclusion,
suspension, debarment, or ineligibility. In the event any existing employee or subcontractor informs
PROVIDER that he or she is excluded, suspended, debarred or otherwise ineligible to participate in the
Federal Health Care Programs, or has been convicted of a criminal offense relating to the provision of
health care services, PROVIDER will ensure that said employee or subcontractor does no work, either
direct or indirect, relating to services provided to COUNTY.
1) PROVIDER agrees to notify COUNTY immediately during the term of this
Agreement whenever PROVIDER learns that an employee or subcontractor who, in each case, is
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providing professional services under this Agreement is excluded, suspended, debarred or otherwise
ineligible to participate in the Federal Health Care Programs, or is convicted of a criminal offense
relating to the provision of health care services.
2) Notwithstanding the above, COUNTY at its discretion may terminate this
Agreement in accordance with the Section Three (3), TERMINATION, of this Agreement, or require
adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible
employee or subcontractor of PROVIDER will perform work, either directly or indirectly, relating to
services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time
frame to be determined by COUNTY to protect the interests of COUNTY consumers.
D. PROVIDER agrees to cooperate fully with any reasonable requests for
information from COUNTY which may be necessary to complete any internal or external audits relating
to this Agreement.
E. PROVIDER agrees to reimburse COUNTY for the entire cost of any penalty
imposed upon COUNTY by the Federal Government as a result of PROVIDER’s violation of the terms
of this Agreement.
33. AUDITS AND INSPECTIONS
The PROVIDER shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The PROVIDER shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
PROVIDER’s compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), PROVIDER
shall be subject to the examination and audit of the Auditor General for a period of three (3) years after
final payment under contract (Government Code Section 8546.7).
Notwithstanding the provisions stated in Section Two (2), TERM, of this Agreement, it is
acknowledged by the parties hereto that this Agreement shall continue in full force and effect until all
audit procedures and requirements as stated in this Agreement have been completed to the review and
satisfaction of COUNTY. PROVIDER shall bear all costs in connection with or resulting from any audit
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and/or inspections including, but not limited to, actual costs incurred and the payment of any
expenditures disallowed by either COUNTY, State, or Federal governmental entities, including any
assessed interest and penalties.
34. RECORDS
A. RECORD ESTABLISHMENT AND MAINTENANCE – PROVIDER shall establish
and maintain records in accordance with State and Federal rules and regulations in addition to those
requirements prescribed by COUNTY with respect to all matters covered by this Agreement. Except as
otherwise authorized by COUNTY, PROVIDER shall retain all other records for a period of five (5)
years after receiving the final payment under this Agreement or the earlier termination of this
Agreement, or until State and/or Federal audit findings applicable to such services are resolved,
whichever is later.
B. DOCUMENTATION – PROVIDER shall maintain adequate records in sufficient
detail to make possible an evaluation of services, and contain all the data necessary in reporting to the
State of California and/or Federal agency. All client records shall be maintained pursuant to applicable
State of California and Federal requirements concerning confidentiality.
C. REPORTS – PROVIDER shall submit to COUNTY monthly fiscal and all program
reports as further described in Section Sixteen (16) REPORTS – SUBSTANCE USE DISORDER
SERVICES. PROVIDER shall submit a complete and accurate year-end cost report for each fiscal year
affected by this Agreement, following the end of each fiscal year affected by this Agreement.
PROVIDER shall also furnish to COUNTY such statements, records, reports, data, and information as
COUNTY may request pertaining to matters covered by this Agreement. All reports submitted by
PROVIDER to COUNTY must be typewritten.
D. SUSPENSION OF COMPENSATION – In the event that PROVIDER fails to
provide reports specified in this Agreement, it shall be deemed sufficient cause for COUNTY to withhold
payments until there is compliance.
E. DISALLOWANCES – Payments by COUNTY shall be in arrears, for services
provided during the preceding month, within forty-five (45) days after receipt, verification and approval
of PROVIDER invoices by COUNTY’S DBH Contracts Division - SUD Services. If payment for services
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are denied or disallowed by State; and subsequently resubmitted to COUNTY by PROVIDER, the
disallowed portion will be withheld from the next reimbursement to the PROVIDER until COUNTY has
received has received reimbursement from State for said services.
F. CLIENT CONFIDENTIALITY – PROVIDER shall conform to and COUNTY shall
monitor compliance with all State and Federal statutes and regulations regarding confidentiality,
including but not limited to confidentiality of information requirements of 42 Code of Federal
Regulations § 2.1 et seq., Welfare and Institutions Code §§ 5328, 10850 and 14100.2, Health and
Safety Code §§ 11977 and 11812, Civil Code, Division 1, Part 2.6, and 22 California Code of
Regulations § 51009.
35. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY PROVIDER
Director, Fresno County BAART Behavioral Health Services, Inc.
Department of Behavioral Health 1720 Lakepoint Dr., Ste 117
4441 East Kings Canyon Lewisville, TX 75057
Fresno, CA 93702
Any and all notices between the COUNTY and the PROVIDER provided for or permitted
under this Agreement or by law shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal services, when deposited in the United States
Mail, postage prepaid, addressed to such party.
36. CHANGE OF LEADERSHIP/MANAGEMENT
Any and all notices between COUNTY and PROVIDER provided for or permitted under
this Agreement or by law, shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
Mail, postage prepaid, addressed to such party.
In the event of any change in the status of PROVIDER’s leadership or management,
PROVIDER shall provide written notice to COUNTY within thirty (30) days from the date of change.
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Such notification shall include any new leader or manager’s name, address and qualifications.
“Leadership or management” shall include any employee, member, or owner of PROVIDER who either
a) directs individuals providing services pursuant to this Agreement; b) exercises control over the
manner in which services are provided; or c) has authority over PROVIDER’s finances.
37. CHARITABLE CHOICE
PROVIDER may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to
actively participate in a religious practice. Any specifically religious activity or service made available to
individuals by the PROVIDER must be voluntary as well as separate in time and location from County
funded activities and services. PROVIDER shall inform County as to whether it is faith-based. If
PROVIDER identifies as faith-based it must submit to DBH Contracts Division - SUD Services a copy of
its policy on referring individuals to alternate treatment PROVIDER, and include a copy of this policy in
its client admission forms. The policy must inform individuals that they may be referred to an
alternative provider if they object to the religious nature of the program, and include a notice to SUD
Services. Adherence to this policy will be monitored during annual site reviews, and a review of client
files. If PROVIDER identifies as faith-based, by July 1 of each year PROVIDER will be required to
report to SUD Services the number of individuals who requested referrals to alternate providers based
on religious objection.
38. LICENSING-CERTIFICATES
Throughout each term of this Agreement, PROVIDER and PROVIDER’s staff shall
maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for
the provision of the services hereunder and required by the laws and regulations of the United States of
America, State of California, the County of Fresno, and any other applicable governmental agencies.
PROVIDER shall notify COUNTY immediately in writing of its inability to obtain or maintain such
licenses, permits, approvals, certificates, waivers and exemptions irrespective of the pendency of any
appeal related thereto. Additionally, PROVIDER and PROVIDER’s staff shall comply with all applicable
laws, rules or regulations, as may now exist or be hereafter changed.
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39. AOD CERTIFICATION
A. The COUNTY requires all COUNTY contracted providers of Alcohol and Other
Substance Use Disorder treatment services to obtain the California Department of Health Care
Services (DHCS) Alcohol and Other Drug Program (AOD) Certification. The AOD Certification
Standards will apply to all residential and outpatient treatment modalities. The purpose of the AOD
Certification Standards is to ensure an acceptable level of service quality is provided to program
participants.
B. PROVIDER shall provide proof of a completed application for AOD Certification
to the County within thirty (30) days from the execution date of this Agreement with the COUNTY. A
copy of the AOD Certification shall be submitted to the COUNTY when approved by the California
Department of Alcohol Drug Programs.
C. This AOD Certification requirement applies to every treatment facility operated by
the PROVIDER. PROVIDER whose agencies are nationally accredited with the Joint Commission on
Accreditation of Health Care Organizations (JCAHO) or the Commission on Accreditation of
Rehabilitative Facilities (CARF) are exempt from this requirement of AOD Certification. PROVIDER
shall submit a copy of their JCAHO or CARF accreditation to the COUNTY within thirty (30) days from
the date this Agreement is executed. PROVIDER shall notify COUNTY if at any time their JCAHO or
CARF accreditation lapses or becomes invalid due to any reason during the term of this Agreement.
PROVIDER shall apply with DHCS for AOD Certification if their JCAHO or CARF accreditation lapses
or becomes invalid and shall submit a copy of the completed application for AOD Certification to the
COUNTY within thirty (30) days from the date the JCAHO or CARF accreditation lapses or becomes
invalid.
D. COUNTY shall terminate this Agreement immediately in the event any of the
following occurs:
1) PROVIDER fails to submit a copy of the completed application for AOD
Certification, or a copy of either their JCAHO or CARF accreditation within thirty (30) days from the
execution date of this Agreement with the COUNTY.
2) PROVIDER’s application for AOD Certification is denied by DHCS.
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3) PROVIDER fails to submit to the COUNTY a copy of the AOD
Certification within thirty (30) days after being approved by the DHCS, or certification is not maintained
throughout the contract period.
4) PROVIDER fails to apply for AOD Certification with DHCS or fails to
submit to the COUNTY a copy of the completed application for AOD Certification within thirty (30) days
after the JCAHO or CARF accreditation lapses or becomes invalid.
40. COMPLAINTS
PROVIDER shall log complaints and the disposition of all complaints from a consumer or
a consumer's family. PROVIDER shall provide a summary of the complaint log entries concerning
COUNTY-sponsored consumers to COUNTY at monthly intervals by the fifteenth (15th) day of the
following month, in a format that is mutually agreed upon. PROVIDER shall post signs informing
consumer of their right to file a complaint or grievance. PROVIDER shall notify COUNTY of all
incidents reportable to state licensing bodies that affect COUNTY consumers within twenty-four (24)
hours of receipt of a complaint.
Within fifteen (15) days after each incident or complaint affecting COUNTY-sponsored
consumers, PROVIDER shall provide COUNTY with information relevant to the complaint, investigative
details of the complaint, the complaint and PROVIDER's disposition of, or corrective action taken to
resolve the complaint.
41. DRUG FREE WORKPLACE
PROVIDER shall comply with the requirements of the Drug-Free Work Place Act of 1990
(California Government Code section 8350 et seq.).
42. CHILD ABUSE REPORTING
PROVIDER shall utilize a procedure acceptable to the COUNTY to ensure that all of
PROVIDER’s employees, volunteers, consultants, subcontractors or agents performing services under
this Agreement shall report all known or suspected child abuse or neglect to one or more of the
agencies set forth in Penal Code section 11165.9. This procedure shall include having all of
PROVIDER’s employees, volunteers, consultants, subcontractors or agents performing services under
this Agreement sign a statement that he or she knows of and will comply with the reporting
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requirements set forth in Penal Code section 11166. The statement to be utilized by PROVIDER for
reporting is set forth in Exhibit F, “Notice of Child Abuse Reporting,” attached hereto and by this
reference incorporated herein.
43. TRAFFICKING IN PERSONS PROVISIONS
PROVIDER shall conform to all Federal statutes and regulations prohibiting trafficking in
persons, as well as trafficking-related activities, including, but not limited to the trafficking of persons
provisions in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) as amended by
Section 1702.
PROVIDER, PROVIDER’s employees, subrecipients, and subrecipients’ employees may
not:
A. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
B. Procure a commercial sex act during the period of time that the award is in effect;
or
C. Use forced labor in the performance of the award or subawards under the award.
This agreement may be unilaterally terminated, without penalty, if PROVIDER or a
subrecipient that is a private entity is determined to have violated a prohibition of the TVPA or has an
employee who is determined by the DBH Director or her designee to have violated a prohibition of the
TVPA through conduct that is either associated with performance under the award or imputed to the
PROVIDER or their subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on
Government-wide Debarment and Suspension (Nonprocurement).
PROVIDER must inform the DBH Director or her designee immediately of any
information received from any source alleging a violation of a prohibition of the TVPA.
PROVIDER must sign a certification annually acknowledging the Trafficking Victims
Protection Act of 2000 requirements (TVPA Certification), attached hereto as Exhibit G, incorporated
herein by reference and made part of this Agreement and must require all employees to complete
annual TVPA training.
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44. DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION
This provision is only applicable if PROVIDER is a disclosing entity, fiscal agent, or
managed care entity as defined in Code of Federal Regulations (C.F.R), Title 42 § 455.101 455.104,
and 455.106(a)(1),(2).
In accordance with C.F.R., Title 42 §§ 455.101, 455.104, 455.105 and 455.106(a)(1),(2),
the following information must be disclosed by PROVIDER by completing Exhibit H “Disclosure of
Ownership and Control Interest Statement,” attached hereto and by this reference incorporated herein.
PROVIDER shall submit this form to the Department of Behavioral Health within thirty (30) days of the
effective date of this Agreement. Submissions shall be scanned pdf copies and are to be sent via email
to DBHAdministration@co.fresno.ca.us attention: Contracts Administration.
A. Name and address of any person(s) whether it be an individual or corporation
with an ownership or controlling interest in the disclosing entity or managed care entity.
1) Address must include the primary business address, every business
location and P.O. Box address(es).
2) Date of birth and Social Security Number for individuals.
3) Tax identification number for other corporations or entities with ownership
or controlling interest in the disclosing entity.
B. Any subcontractor(s) in which the disclosing entity has five (5) percent or more
interest.
C. Whether the person(s) with an ownership or controlling interest of the disclosing
entity is related to another person having ownership or controlling interest as a parent, spouse, sibling
or child. Including whether the person(s) with ownership or controlling interest of the disclosing entity is
related to a person (parent, spouse, sibling or child) with ownership or has five (5) percent or more
interest in any of its subcontractors.
D. Name of any other disclosing entity in which an owner of the disclosing entity has
an ownership or control interest.
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E. The ownership of any subcontractor with whom the provider has had business
transactions totaling more than $25,000 during the 12-month period ending on the date of the request;
and
F. Any significant business transactions between the provider and any wholly
owned supplier, or between the provider and any subcontractor, during the 5-year period ending on the
date of the request.
G. Any person(s) with an ownership or control interest in the provider, or agent or
managing employee of the provider; and
1) Has been convicted of a criminal offense related to that person's
involvement in any program under Medicare, Medicaid, or the title XX services program since the
inception of those programs.
H. The ownership of any subcontractor with whom the provider has had business
transactions totaling more than $25,000 during the 12-month period ending on the date of the request;
and
I. Any significant business transactions between the provider and any wholly
owned supplier, or between the provider and any subcontractor, during the 5-year period ending on the
date of the request.
45. CONTROL REQUIREMENTS
Performance under this Agreement is subject to all applicable Federal and State laws,
regulations and standards. In accepting the State drug and alcohol combined program allocation
pursuant to California Health and Safety Code section 11757, PROVIDER shall establish written
accounting procedures consistent with applicable Federal and State laws, regulations and standards,
and shall be held accountable for audit exceptions taken by the State or COUNTY for failure to comply
with these requirements. These requirements include, but may not be limited to, those set forth in this
Agreement, and:
A. Division 10.5 of the California Health and Safety Code;
B. California Government Code sections 16366.1 through 16367.9 and 53130
through 53138;
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C. Title 9, Division 4 of the California Code of Regulations;
D. 42 United States Code (U.S.C.) section 300x-5;
E. 31 U.S.C. sections 7501-7507 (Single Audit Act of 1984; Single Audit Act
Amendments of 1996);
F. 2CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards); and
G. Title 45, Part 96, Subparts B, C and L of the Code of Federal Regulations (Block
Grants).
46. PROPERTY OF THE COUNTY
A. All purchases over Five Thousand and No/100 Dollars ($5,000.00) shall be
identified as fixed assets and shall be maintained in COUNTY’s Asset Management System. Certain
purchases under Five Thousand and No/100 Dollars ($5,000.00) including but not limited to computers,
copiers, televisions, cameras and other sensitive items as determined by COUNTY’s DBH Director or
designee made during the life of this Agreement shall be identified as assets that can be inventoried
and maintained in COUNTY’s DBH Asset Inventory System. These assets shall be retained by
COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this
Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed and
inventoried assets and shall by physically present when fixed and inventoried assets are returned to
COUNTY possession at the termination or expiration of this Agreement. PROVIDER is responsible for
returning to COUNTY all COUNTY owned fixed and inventoried assets, or the monetary value of said
assets if unable to produce the assets at the expiration or termination of this Agreement.
PROVIDER further agrees to the following:
1) To maintain all items of equipment in good working order and condition,
normal wear and tear is expected;
2) To label all items of equipment, to perform periodic inventories as
required by COUNTY and to maintain an inventory list showing where and how the equipment is being
used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to
COUNTY within ten (10) days of any request therefore; and
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3)To report in writing to COUNTY immediately after discovery, the lost or
theft of any items of equipment. For stolen items, the local law enforcement agency must be contacted
and a copy of the police report submitted to COUNTY.
B.The purchase of any equipment by PROVIDER with funds provided hereunder
shall require the prior written approval of COUNTY’s DBH, shall fulfill the provisions of this Agreement
as appropriate, and must be directly related to PROVIDERS services or activity under the terms of this
Agreement. COUNTY’s DBH may refuse reimbursement for any costs resulting from equipment
purchased, which are incurred by PROVIDER, if prior written approval has not been obtained from
COUNTY.
C.The terms and conditions described in this Section are not applicable to the
leasing of vehicles by PROVIDER with the funds provided under this Agreement.
47.UNLAWFUL USE OF DRUGS AND ALCOHOL
PROVIDER shall ensure that information provided to clients contains a clearly written
statement that there shall be no unlawful use of drugs or alcohol associated with PROVIDER.
Additionally PROVIDER shall ensure that no aspect of the program includes any message in materials,
curricula, teachings, or promotion of the responsible use, if the use is unlawful, of drugs or alcohol
pursuant to Health and Safety Code (HSC) 11999-11999.3. PROVIDER shall maintain that any
unlawful use of drugs and alcohol is illegal and dangerous.
PROVIDER must sign the Unlawful Use of Drugs and Alcohol Certification, attached
hereto as Exhibit I, incorporated herein by reference and made part of this Agreement agreeing to
uphold the obligations of HSC 11999 – 11999.3.
COUNTY shall enforce the requirement of “No Unlawful Use” set forth by DHCS and
requires PROVIDER to enforce the requirement as well.
This agreement may be unilaterally terminated, without penalty, if PROVIDER or a
subcontractor that is a private entity is determined to have violated a prohibition of the Unlawful Use of
Drugs and Alcohol message or has an employee who is determined by the DBH Director or her
designee to have violated a prohibition of the Unlawful Use of Drugs and Alcohol message.
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48. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
PROVIDER shall adhere to the State-County Contract requirement that no funds shall
be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection
of any illegal drug unless the DHCS chooses to implement a demonstration syringe services program
for intravenous drug users.
49. CONFIDENTIALITY OATH
PROVIDER shall ensure that all of its employees sign a written confidentiality oath,
attached hereto as Exhibit J, before they begin employment with PROVIDER and shall renew said
document annually thereafter. PROVIDER shall retain each employee’s written confidentiality oath for
COUNTY and DHCS inspection for a period of six (6) years following the termination of this agreement.
50. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
51. ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire Agreement between
PROVIDER and COUNTY with respect to the subject matter hereof and supersedes all previous
agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this Agreement.
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1 1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
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BAART BEHAVIORA L HEAL TH SERVICES, INC .
Print Name & T itle
1120 Lakepojnte Drive, Suite 111
Lewisville, TX 75057
Mai ling Address
FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
Organization: 56302081
Account/Program: 7295/0
40
COUNTY OF FRESNO
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California