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Agreement No. 18-329
AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of June 2018, by
3 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and each Contractor listed in Exhibit A, attached hereto by this reference and
5 incorporated herein, collectively hereinafter referred to as "CONTRACTOR(S)", and such additional
6 CONTRACTOR(S), as may, from time to time during the term of this Agreement, be added by the
7 COUNTY, reference in this Agreement to "party" or "parties" shall be understood to refer to COUNTY
8 and each CONTRACTOR, unless otherwise specified.
9 WI T N E S S E T H:
10 WHEREAS, COUNTY, through its Department of Behavioral Health Substance Use Disorder
11 (DBH-SUD) Services and Mental Health Services Act (MHSA) divisions, have determined there is a
12 need for certain Fresno County residents to receive family-focused drug and alcohol abuse/misuse
13 prevention and educational services; and
14 WHEREAS, COUNTY is authorized to contract with privately operated agencies for the
15 provision of Non-Drug Medi-Cal and SUD Services to Fresno County residents, pursuant to Title 9,
16 Division 4 of ~he California Code of Regulations and Division 10.5 (commencing with section 11750) of
17 the California Health and Safety Code; and
18 WHEREAS, CONTRACTOR(S) is willing and able to provide these services required by
19 COUNTY, pursuant to the terms and conditions of this Agreement.
20 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
21 hereto agree as follows:
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1. OBLIGATIONS OF CONTRACTOR
A. CONTRACTOR(S) shall provide Drug and Alcohol Abuse/Misuse Prevention
24 Education services to minor children (ages 17 and younger) whose parent is enrolled and participating
25 in a COUNTY funded SUD program.
26 B. CONTRACTOR(S) shall adhere to an Evidence-Based intervention that is
27 appropriate for the population being served and approved by the County's DBH Director or designee.
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C. COUNTY encourages CONTRACTOR(S) to adopt and maintain Electronic
Health Records (EHR) that meet 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. CONTRACTOR(S) shall bear all costs associated with penalties and/or fines for any non-
compliance with such regulations.
D. CONTRACTOR shall comply with all reporting requirements identified in Section
12 below.
E. For services rendered herein, CONTRACTOR(S) shall assure that ongoing
quality assurance component is in place and is occurring. CONTRACTOR(S) 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. If CONTRACTOR(S) should fail to comply with any provision of this
Agreement, COUNTY shall be relieved of its obligation for further compensation. CONTRACTOR(S)’s
and COUNTY’s obligations under this Section shall survive the termination or expiration of this
Agreement.
2. TERM
The term of this Agreement shall be for a period of three (3) years, commencing on July 1, 2018
through and including June 30, 2021. This Agreement may be extended for two (2) additional
consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30)
days prior to the first day of the next twelve (12) month extension period. The DBH Director or his or
her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR(S)’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 funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated at any time by giving CONTRACTOR(S) thirty (30) days advance written notice.
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B. Breach of Contract – COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
breach of this Agreement or any default which may then exist on the part of CONTRACTOR(S).
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 CONTRACTOR the repayment to
COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR(S) shall
promptly refund any such funds upon demand, or at COUNTY’s option, such repayment shall be
deducted from future payments owing to CONTRACTOR under this Agreement.
C. Without Cause – Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY’s DBH Director or
designee upon the giving of sixty (60) days advance written notice of an intention to terminate.
4. COMPENSATION
A. COMPENSATION – COUNTY agrees to pay CONTRACTOR(S) and
CONTRACTOR(S) agrees to receive compensation in accordance with the budget attached hereto and
referenced herein as Exhibit B, “Budget”. The maximum amount for the period of July 1, 2018 through
June 30, 2019 shall not exceed One Hundred Twenty Thousand and No/100 Dollars ($120,000.00).
The maximum amount for the period of July 1, 2019 through June 30, 2020 shall not exceed One
Hundred Twenty Thousand and No/100 Dollars ($120,000.00). The maximum amount for the period of
July 1, 2020 through June 30, 2021 shall not exceed One Hundred Twenty Thousand and No/100
Dollars ($120,000.00). The maximum amount for the period of July 1, 2021 through June 30, 2022
shall not exceed One Hundred Twenty Thousand and No/100 Dollars ($120,000.00). The maximum
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amount for the period of July 1, 2022 through June 30, 2023 shall not exceed One Hundred Twenty
Thousand and No/100 Dollars ($120,000.00).
B. BUDGET – Prior to March 1st of each twelve (12) month period of this
Agreement, CONTRACTOR(S) shall provide to COUNTY’s DBH an updated budget in the format
identified in Exhibit B, for the upcoming twelve (12) month period. Each such budget shall require the
approval of COUNTY’s DBH Director or his/her designee prior to April 1st for the upcoming twelve (12)
month period covered by said budget. If said budget is not received by the March 1st due date, the
budget for the upcoming twelve (12) month period will remain at the prior year’s funding level. The
maximum amount of said approved budget shall not exceed the maximum compensation for the current
Agreement period.
C. The contract maximum amounts as identified in this Agreement may be reduced
based upon State, Federal, and local funding availability. In the event of such action, COUNTY's DBH
Director or designee shall notify the CONTRACTOR(S) in writing of the reduction in the maximum
amount within 30 days of notification of same from the funding source.
In the event funding for these services is delayed by the State Controller, COUNTY may
defer payment to CONTRACTOR(S). The amount of the deferred payment shall not exceed the
amount of funding delayed by the State Controller to the COUNTY. The period of time of the deferral
by COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY
plus forty-five (45) days.
D. Payment by COUNTY shall be arrears, based on CONTRACTOR(S)’s monthly
invoices submitted for services provided during the preceding month, within forty-five (45) days after
receipt and verification of CONTRACTOR(S)’s monthly invoices by COUNTY’S DBH-SUD Services.
E. PUBLIC INFORMATION – CONTRACTOR(S) 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.
F. LOBBYING ACTIVITY – CONTRACTOR(S) shall not directly or indirectly use
any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes
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designed to support or defeat legislation pending before the Congress of the United States or the
Legislature of the State of California.
G. POLITICAL ACTIVITY – CONTRACTOR(S) shall not directly or indirectly use
any of the funds under this Agreement for any political activity or to further the election or defeat any
candidate for public office.
H. FUNDING SOURCES – It shall be the obligation of CONTRACTOR(S) to
determine and claim all revenue possible from private pay sources and third party payers.
CONTRACTOR(S) shall not use any funds under this Agreement for services covered by Drug Medi-
Cal or other health insurance for eligible beneficiaries. CONTRACTOR(S) shall claim all Drug Medi-Cal
covered services for eligible beneficiaries through the Drug Medi-Cal claiming process. The COUNTY
will only reimburse CONTRACTOR(S) for services that are not covered by Drug Medi-Cal, other
insurance or other revenue sources.
CONTRACTOR(S) shall not use any funds under this Agreement to the extent that a
participant is eligible for Medi-Cal, insurance or other revenue reimbursement for services rendered.
Any revenues generated by CONTRACTOR(S) in excess of the amounts budgeted in
this Agreement, may be utilized to expand/enhance the services during the COUNTY’s fiscal year in
which revenues are collected or in the following COUNTY fiscal year. Additional revenues will be
considered separate and distinct from COUNTY’s payment to CONTRACTOR(S). The manner and
means of service expansion/enhancement shall be subject to the prior written approval of COUNTY’s
DBH Director or designee. CONTRACTOR(S) shall disclose all sources of revenue to COUNTY.
Under no circumstances will COUNTY funded staff time be used for fund-raising purposes.
I. COST OF LIVING ADJUSTMENT – CONTRACTOR(S) shall not utilize any funds
provided under this Agreement to provide cost of living adjustment to CONTRACTOR(S)’s employee
compensation.
5. INVOICING
CONTRACTOR(S) shall invoice COUNTY in arrears by the twentieth (20th) day of each
month for actual services rendered in the previous month. Invoices shall be submitted via email to
SAS@co.fresno.ca.us, Subject: Attn: Staff Analyst, and accompanied by a monthly participant roster
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and other documentation and reports as indicated in Section 12, herein below. All such reports and
other required documentation shall be in a form and in such detail as acceptable to COUNTY’s DBH-
SUD Services. No reimbursement for services shall be made until the invoice is received, reviewed
and approved by COUNTY’s DBH-SUD Services.
If an invoice is incorrect or is otherwise not in proper form or substance, COUNTY’s DBH
Director or designee, shall have the right to withhold payment as to only that portion of the invoice that
is incorrect or improper after five (5) days prior to notice to CONTRACTOR(S). CONTRACTOR(S)
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 COUNTY’s
satisfaction, COUNTY may elect to terminate this Agreement, pursuant to Section 3 hereinabove. In
addition, CONTRACTOR(S) shall submit all invoices to COUNTY’s DBH, for services provided within
ninety (90) days after each twelve (12) month period of the Agreement expires or this Agreement is
terminated. COUNTY DBH shall have to right to deny payment for any invoices that are not submitted
within ninety (90) days after the end of each fiscal year or the date this Agreement is terminated.
General ledgers shall be submitted for services provided corresponding to the period
being billed. Invoices will not be processed without the general ledger that corresponds to the period
being billed. Line-item costs reported on invoices must match the corresponding costs as recorded in
the general ledger. General ledger entries shall have corresponding source documentation (e.g.
invoices, bills, etc.) that verifies the expense. Source documentation shall be submitted with the invoice
and general ledger. For general ledgers and/or corresponding source documentation that verifies each
expense reported on invoice not submitted within sixty (60) days after each billing period, COUNTY’s
DBH shall have the right to deny payment for services covered by such general ledgers.
6. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by CONTRACTOR(S)
under this Agreement, it is mutually understood and agreed that CONTRACTOR(S), including any and
all of CONTRACTOR(S)'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 venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have
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no right to control or supervise or direct the manner or method by which CONTRACTOR(S) shall
perform its work and function. However, COUNTY shall retain the right to administer this Agreement so
as to verify that CONTRACTOR(S) is performing its obligations in accordance with the terms and
conditions thereof.
CONTRACTOR(S) and COUNTY shall comply with all applicable provisions of law and
the rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
directly or indirectly the subject of this Agreement.
Because of its status as an independent contractor, CONTRACTOR(S) shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTOR(S) shall be solely liable and responsible for providing to, or on behalf of, its employees
all legally-required employee benefits. In addition, CONTRACTOR(S) shall be solely responsible and
save COUNTY harmless from all matters relating to payment of CONTRACTOR(S)’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, CONTRACTOR(S) may be
providing services to others unrelated to COUNTY or to this Agreement.
7. MODIFICATION
Notwithstanding the above, changes to Section One (1) SERVICES and Section Four (4)
COMPENSATION as needed to accommodate changes in State and Federal Law relating to mental
health and substance use disorder treatment services may be made with the signed written approval of
COUNTY' s DBH Director or designee and CONTRACTOR through an amendment approved by
County Counsel and Auditor. Changes to line items in the budget that do not exceed 10% of the
maximum compensation payable to CONTRACTOR, may be made with the written approval of
COUNTY’s DBH Director or designee, and CONTRACTOR. Changes in the line items in the budget
that exceed 10% of the maximum compensation payable to the CONTRACTOR, may be made with
signed written approval of the COUNTY' s DBH Director or designee and CONTRACTOR through an
amendment approved by County Counsel and Auditor. Said budget line item changes shall not result
in any change to the annual maximum compensation amount payable to CONTRACTOR, as stated in
the agreement.
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CONTRACTOR further understands that this Agreement is subject to any restrictions,
limitations, or enactments of all legislative bodies which affect the provisions, term or funding of this
Agreement in any manner.
8. NON-ASSIGNMENT
No party shall assign, transfer or subcontract this Agreement nor their rights or duties
under this Agreement without the prior written consent of COUNTY.
9. HOLD HARMLESS
CONTRACTOR(S) agrees to indemnify, save, hold harmless, and at COUNTY's request,
defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY
in connection with the performance, or failure to perform, by CONTRACTOR(S), its officers, agents or
employees under this Agreement, and from any and all costs and expenses, including attorney fees
and court costs, 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
CONTRACTOR(S), its officers, agents or employees under this Agreement. CONTRACTOR(S) agrees
to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from
noncompliance herein on the part of CONTRACTOR(S).
10. INSURANCE
Without limiting COUNTY's right to obtain indemnification from CONTRACTOR(S) or any
third parties, CONTRACTOR(S), at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific
coverage including completed operations, product liability, contractual liability, Explosion, Collapse, and
Underground (XCU), fire legal liability or any other liability insurance deemed necessary because of the
nature of the Agreement.
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B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000.000) per accident and for property damages. Coverage should include owned and non-
owned vehicles used in connection with this Agreement.
C. Real and Personal Property
CONTRACTOR(S) shall maintain a policy of insurance for all risk personal property
coverage which shall be endorsed naming the County of Fresno as an additional loss payee. The
personal property coverage shall be in an amount that will cover the total of the County purchased and
owned property, at a minimum, as discussed in Section Twenty-One (21), PROPERTY OF COUNTY,
of this Agreement.
D. All Risk Property Insurance
CONTRACTOR(S) will provide property coverage for the full replacement value of
the County’s Personal Property in the possession of CONTRACTOR(S) and/or used in the execution of
this Agreement. COUNTY will be identified on an appropriate certificate of insurance as the certificate
holder and will be named as an Additional Loss Payee on the Property Insurance Policy.
E. Professional/Medical Malpractice Liability
If CONTRACTOR(S) employ 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) per occurrence, Three Million Dollars ($3,000,000) annual aggregate.
CONTRACTOR(S) agrees that it shall maintain, at its sole expense, in full force and effect for a period
of three (3) years following the termination of this Agreement, one or more policies of professional
liability insurance with limits of coverage as specified herein.
F. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
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G. Molestation
Sexual Abuse/molestation liability insurance with limits not less than One Million
Dollars ($1,000.000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This
policy shall be issued on a per occurrence basis.
H. Additional Requirements Relating to Insurance
CONTRACTOR(S) 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 the COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under the CONTRACTOR(S)'s policies
herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR(S) sig ns this Agreement,
CONTRACTOR(S) 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,
3133 N. Millbrook Avenue, Fresno, California, 93703, Attention: Contracts Division, stating that such
insurance coverages have been obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be responsible for any premiums on the policies; that such Commercial
General Liability insurance names 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; 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
excess only and not contributing with insurance provided under CONTRACTOR(S)’s policies herein;
and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance, written notice given to COUNTY.
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In the event CONTRACTOR(S) 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 this Agreement 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 VIII or better.
11. LICENSES/CERTIFICATES
Throughout each term of this Agreement, CONTRACTOR(S) and CONTRACTOR(S)’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. CONTRACTOR(S) 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, CONTRACTOR(S) and
CONTRACTOR(S)’s staff shall comply with all applicable laws, rules or regulations, as may now exist
or be hereafter changed.
12. REPORTS
Mental Health Services
A. Outcome Reports
CONTRACTOR(S) shall submit to COUNTY’s DBH service outcome reports as
requested by COUNTY’s DBH. Outcome reports and outcome requirements are subject to change at
COUNTY’s DBH discretion.
B. Additional Reports
CONTRACTOR(S) shall also furnish to COUNTY such statements, records,
reports, data, and other information as COUNTY’s DBH may request pertaining to matters covered by
this Agreement. In the event that CONTRACTOR(S) fails to provide such reports or other information
required hereunder, it shall be deemed sufficient cause for COUNTY to withhold monthly payments
until there is compliance. In addition, CONTRACTOR(S) shall provide written notification and
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explanation to COUNTY within five (5) days of any funds received from another source to conduct the
same services covered by this Agreement.
Each fiscal year ending June 30, CONTRACTOR(S) shall remit a hard copy of their
annual cost report with a signed cover letter and requested support documents to County of Fresno,
Attention: Fiscal Analyst, 3133 N. Millbrook Ave., Fresno, CA 93703. In addition, CONTRACTOR(S)
shall remit an electronic copy of any inquiries to sas@co.fresno.ca.us. COUNTY shall provide
instructions of the cost report, cost report training, State DHCS cost report template worksheets, and
deadlines to submit the cost reports as determined by the State each fiscal year. All cost reports must
be prepared in accordance with General Accepted Accounting Principles (GAAP) and Welfare and
Institutions Code §§ 5651(a)(4), 5664(a), 5705(b)(3) and 14705. Unallowable costs such as lobby or
political donations must be shown but deducted on the cost report and invoice reimbursements.
If the CONTRACTOR(S) does not submit the cost report by the deadline,
including any extension period granted by the COUNTY, the COUNTY may withhold payments of
pending invoicing under compensation until the cost report has been submitted and clears COUNTY
desk audit for completeness.
C. Substance Use Disorder Services
CONTRACTOR(S) shall submit all information and data required by State, including,
but not limited to the following:
1. CONTRACTOR(S) shall submit to COUNTY monthly fiscal and all program
reports within twenty (20) days of the end of each month.
2. Americans with Disabilities (ADA) – Annually, upon request by DBH,
CONTRACTOR(S) 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.
3. Cost Reports – On an annual basis for each fiscal year ending June 30th
CONTRACTOR(S) 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
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reports submitted by CONTRACTOR(S) 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
CONTRACTOR(S) 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. Total
costs as reported on cost reports shall match those costs as reported on final billing invoice for the
fiscal year.
4. OTHER FUNDING SOURCES – CONTRACTOR(S) 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.
5. MULTIPLE FUNDING SOURCES – CONTRACTOR(S) who have multiple
agreements for the same services provided at the same location where at least one of the Agreements
is funded through DMC and the other funding is other federal or county realignment funding 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 CONTRACTOR(S)
agree to settle dollar amounts disallowed or settled in accordance with DHCS and COUNTY audit
settlement findings related to the DMC and realignment reimbursements. 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 CONTRACTOR(S) until resolution of the appeal.
In the event that CONTRACTOR(S) 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 CONTRACTOR(S) shall provide written notification and
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explanation to the COUNTY within fifteen (15) days of any funds received from another source to
conduct the same services covered by this Agreement.
13. MONITORING
CONTRACTOR(S) agrees to extend to COUNTY’s staff, COUNTY’s DBH Director and
DHCS, or their designees, the right to review and monitor records, programs or procedures, at any
time, in regard to clients, as well as the overall operation of CONTRACTOR(S)’s programs, in order to
ensure compliance with the terms and conditions of this Agreement.
Outcomes – COUNTY’s DBH Director, or her designee, and the California Department
of Health Care Services (DHCS), or their designees shall monitor and evaluate the performance of
CONTRACTOR(S) 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 CONTRACTOR(S). CONTRACTOR(S) shall participate in the evaluation of the
program as needed, at the discretion of COUNTY.
CONTRACTOR shall participate in a program review of the program at least yearly or
more frequently, or as needed, at the discretion of COUNTY. The CONTRACTOR agrees to supply all
information requested by the COUNTY, DHCS and/or the subcontractor during the program evaluation,
monitoring, and/or review.
14. 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.
15. COMPLIANCE WITH STATE REQUIREMENTS
CONTRACTOR(S) recognizes that COUNTY operates its mental health programs under
an agreement with DHCS, and that under said agreement the State imposes certain requirements on
COUNTY and its subcontractors. CONTRACTOR(S) shall adhere to all State requirements, including
those identified in Exhibit C “State Mental Health Requirements”, attached hereto and by this reference
incorporated herein and made part of this Agreement.
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16. CONFIDENTIALITY
All services performed by CONTRACTOR(S) under this Agreement shall be in strict
conformance with all applicable Federal, State of California and /or local laws and regulations relating
to confidentiality.
17. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
COUNTY and CONTRACTOR(S) 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 (PHI) as required by law.
COUNTY and CONTRACTOR(S) acknowledge that the exchange of PHI between them
is only for treatment, payment, and health care operations.
COUNTY and CONTRACTOR(S) intend to protect the privacy and provide for the
security of 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 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
CONTRACTOR(S) 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).
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 CONTRACTOR(S) by the COUNTY, including but not limited to the following:
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A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices CONTRACTOR
may not connect to COUNTY networks via personally-owned mobile, wireless or handheld devices,
unless the following conditions are met:
1. CONTRACTOR 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. CONTRACTOR-Owned Computers or Computer Peripherals CONTRACTOR
may not bring CONTRACTOR-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 CONTRACTOR, including its
subcontractors and employees, 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).
D. CONTRACTOR(S) 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. CONTRACTOR(S) 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.
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G. CONTRACTOR(S) 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 CONTRACTOR(S)’s response to all incidents
arising from a possible breach of security related to COUNTY’s confidential client information provided
to CONTRACTOR(S). CONTRACTOR(S) will be responsible to issue any notification to affected
individuals as required by law or as deemed necessary by COUNTY in its sole discretion.
CONTRACTOR(S) will be responsible for all costs incurred as a result of providing the required
notification.
19. PROPERTY OF COUNTY
A. COUNTY and CONTRACTOR(S) recognize that fixed assets are tangible and
intangible property obtained or controlled under COUNTY’s Mental Health Plan for use in operational
capacity and will benefit COUNTY for a period more than one (1) year. Depreciation of the qualified
items will be on a straight-line basis.
For COUNTY purposes, fixed assets must fulfill three qualifications:
1. Asset must have life span of over one year;
2. The asset is not a repair part; and
3. The asset must be valued at or greater than the capitalization
thresholds for the asset type:
Asset type Threshold
• Land $0
• Buildings and improvements $100,000
• Infrastructure $100,000
• Tangible $5,000
o equipment
o vehicles
• Intangible $100,000
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o Internally generated software
o Purchased software
o Easements
o Patents
Qualified fixed asset equipment is to be reported and approved by COUNTY. If it is
approved and identified as an asset it will be tagged with a COUNTY program number. A Fixed Asset
Log will be maintained by COUNTY’s Asset Management System and inventoried annually until the
asset is fully depreciated. During the terms of this Agreement, CONTRACTOR(S)’s fixed assets may
be inventoried in comparison to COUNTY’s DBH Asset Inventory System.
B. Certain purchases under Five Thousand and No/100 Dollars ($5,000.00) with
over one (1) year life span, and are mobile and high risk of theft or loss are sensitive assets. Such
sensitive items include, but are not limited to computers, copiers, televisions, cameras and other
sensitive items as determined by COUNTY’s DBH Director or designee. CONTRACTOR(S) maintains
a tracking system on the items and the items are not required to be capitalized or depreciated. The
items are subject to annual inventory for compliance.
C. Assets shall be retained by COUNTY, as COUNTY property, in the event this
Agreement is terminated or upon expiration of this Agreement. CONTRACTOR(S) agrees to
participate in an annual inventory of all COUNTY fixed and inventoried assets. Upon termination of this
Agreement, CONTRACTOR(S) shall be physically present when fixed and inventoried assets are
returned to COUNTY possession. CONTRACTOR(S) is responsible for returning to COUNTY all
COUNTY owned undepreciated 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.
CONTRACTOR(S) further agrees to the following:
1. To maintain all items of equipment in good working order and
condition, normal wear and tear excepted;
2. To label all items of equipment with COUNTY assigned program
number, to perform periodic inventories as required by COUNTY and
to maintain an inventory list showing where and how the equipment is
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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;
3. To report in writing to COUNTY immediately after discovery, the loss
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.
D. The purchase of any equipment by CONTRACTOR(S) with funds provided
hereunder shall require the prior written approval of COUNTY’s DBH Director or designee, shall fulfill
the provisions of this Agreement as appropriate, and must be directly related to CONTRACTOR(S)’s
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 CONTRACTOR(S), if prior written
approval has not been obtained from COUNTY’s DBH Director or designee.
E. CONTRACTOR(S) must obtain prior written approval form COUNTY’s DBH
whenever there is any modification or change in the use of any property acquired or improved, in whole
or in part, using funds under this Agreement. If any real or personal property acquired or improved with
said funds identified herein is sold and/or is utilized by CONTRACTOR(S) for a use which does not
qualify under this program, CONTRACTOR(S) shall reimburse COUNTY in an amount equal to the
current fair market value of the property, less any portion thereof attributable to expenditures of
nonprogram funds. These requirements shall continue in effect for the life of the property. In the event
the program is closed out, the requirements for this Section shall remain in effect for activities or
property funded with said funds, unless action is taken by the State government to relieve COUNTY of
these obligations.
20. NON-DISCRIMINATION
During the performance of this Agreement, CONTRACTOR(S) shall not unlawfully
discriminate against any employee or applicant for employment, or recipient 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,
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sexual orientation, or military or veteran status pursuant to all applicable State and Federal statutes and
regulations.
A. Eligibility for Services - CONTRACTOR(S) shall prepare, prominently post in its
facility, and make available to the DBH Director or designee and to the public all eligibility requirements
to participate in the program funded under this Agreement. CONTRATOR(S) 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 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 - CONTRACTOR(S) 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.
CONTRACTOR(S) shall not discriminate against any employee or applicant for employment 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. 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. CONTRACTOR(S)
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
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Federal Executive Order No. 11246. CONTRACTOR(S) 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 CONTRACTOR(S) 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 designee, no person shall
be employed by CONTRACTOR(S) who is related by blood or marriage to or who is a member of the
Board of Directors or an officer of CONTRACTOR.
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 CONTRACTOR(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
regard to physical or mental disability and that CONTRACTOR(S) has provided a facility accessible to
the physically disabled.
21. CULTURAL COMPETENCY
A. As related to Cultural and Linguistic Competence, CONTRACTOR(S) 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 clients, including, but not limited to, assessing
the cultural and linguistic needs of its clients, training of staff on the policies and procedures, and
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monitoring its language assistance program. The CONTRACTOR(S)’s procedures must include
ensuring compliance of any sub-contracted contractors with these requirements.
C. CONTRACTOR(S) shall not use minors as interpreters.
D. CONTRACTOR(S) shall provide and pay for interpreting and translation services
to persons participating in CONTRACTOR(S)’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 CONTRACTOR(S). Interpreter and translation services, including translation
of CONTRACTOR(S)’s “vital documents” (those documents that contain information that is critical for
accessing CONTRACTOR(S)’s services or are required by law) shall be provided to participants at no
cost to the participant. CONTRACTOR(S) shall ensure that any employees, agents, subcontractors, or
partners who 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
CONTRACTOR(S)’s services.
E. In compliance with the State mandated Culturally and Linguistically Appropriate
Services standards as published by the Office of Minority Health, CONTRACTOR(S) must submit to
COUNTY for approval, within sixty (60) days from date of contract execution, CONTRACTOR(S)’s plan
to address all fifteen national cultural competency standards as set forth in Exhibit D, “National
Standards for Culturally and Linguistically Appropriate Services in Health and Heath Care,” attached
hereto and incorporated by this reference. COUNTY’s annual on-site review of CONTRACTOR(S) shall
include collection of documentation to ensure all national standards are implemented. As the national
competency standards are updated, CONTRACTOR(S)’s plan must be updated accordingly.
22. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section
1861(v) (1) (I) 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, CONTRACTOR(S) shall make
available, upon written request of the Secretary of the United States Department of Health and Human
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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
CONTRACTOR(S) under this Agreement. CONTRACTOR(S) further agrees that in the event
CONTRACTOR(S) carries out any of its duties under this Agreement through a subcontract, with a
value or cost of Ten Thousand and No/100 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.
23. SINGLE AUDIT CLAUSE
A. If any CONTRACTOR(S) expends Seven Hundred Fifty Thousand Dollars
($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR(S) agrees to
conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth
in Office of Management and Budget (OMB) Circular A-133. CONTRACTOR(S) 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, CONTRACTOR(S) shall include a corrective
action plan signed by an authorized individual. CONTRACTOR(S) agrees to take action to correct any
material non-compliance or weakness found as a result of such audit. Such audits shall be delivered to
COUNTY’s DBH 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 CONTRACTOR(S). All audit costs related to
this Agreement are the sole responsibility of CONTRACTOR(S).
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B. A single audit report is not applicable if CONTRACTOR(S)’s Federal contracts do
not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or
CONTRACTOR(S)’s only funding is through 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
CONTRACTOR(S) to COUNTY as a minimum requirement to attest to CONTRACTOR(S)’s solvency.
Said audit reports shall be delivered to COUNTY’s DBH 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 CONTRACTOR(S) 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 CONTRACTOR(S) at COUNTY’s cost,
as determined by COUNTY’s Auditor-Controller/ Treasurer-Tax Collector.
C. CONTRACTOR(S) 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.
24. COMPLIANCE
CONTRACTOR(S) agrees to comply with COUNTY’s Contractor Code of Conduct and
Ethics and the COUNTY’s Compliance Program in accordance with Exhibit E, “Fresno County Mental
Health Plan Compliance Program.” Within thirty (30) days of entering into this Agreement with the
COUNTY, CONTRACTOR(S) shall have all of CONTRACTOR(S)’s employees, agents and
subcontractors providing services under this Agreement certify in writing, that he or she has received,
read, understood, and shall abide by the Contractor Code of Conduct and Ethics. CONTRACTOR(S)
shall ensure that within thirty (30) days of hire, all new employees, agents and subcontractors providing
services under this Agreement shall certify in writing that he or she has received, read, understood, and
shall abide by the Contractor Code of Conduct and Ethics. CONTRACTOR(S) understand that the
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promotion of and adherence to the code of Conduct and Ethics is an element in evaluating the
performance of CONTRACTOR(S) and its employees, agents and subcontractors.
Within thirty (30) days of entering into this Agreement, and annually thereafter, all
employees, agent and subcontractors providing services under this Agreement shall complete general
compliance training and appropriate employees, agents and subcontractors shall complete
documentation and billing or billing/reimbursement training. All new employees, agents and
subcontractors shall attend the appropriate training within thirty (30) days of hire. Each individual
required to attend training shall certify in writing that he or she has received the required training. The
certification shall specify the type of training received and the date received. The certification shall be
provided to the COUNTY’s Compliance Officer at 3133 N. Millbrook, Fresno, California 93703.
CONTRACTOR(S) agrees to reimburse COUNTY for the entire cost of any penalty imposed upon
COUNTY by the Federal Government as a result of CONTRACTOR(S)’s violation of the terms of this
Agreement.
25. ASSURANCES
In entering into this Agreement, CONTRACTOR(S) certifies that it nor any of its officers are not
currently excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health
Care Programs: that it or any of its officers have not been convicted of a criminal offense related to the
provision of health care items or services; nor have they been reinstated to participate in the Federal
Health Care Programs after a period of exclusion, suspension, debarment, or ineligibility. If COUNTY
learns, subsequent to entering into this Agreement, that CONTRACTOR(S) is ineligible on these
grounds, COUNTY will remove CONTRACTOR(S) from responsibility for, or involvement with,
COUNTY’s business operations related to the Federal Health Care Programs and shall remove such
CONTRACTOR(S) from any position in which CONTRACTOR(S)’s compensation, or the items or
services rendered, ordered or prescribed by CONTRACTOR(S) 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
CONTRACTOR(S) is reinstated into participation in the Federal Health Care Programs.
A. If COUNTY has notice that CONTRACTOR(S) has been charged with a criminal
offense related to any Federal Health Care Programs, or proposed for exclusion during the term on any
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contract, CONTRACTOR(S) 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 CONTRACTOR(S) cease providing services until resolution of the charges
or the proposed exclusion.
B. CONTRACTOR(S) agrees that all potential new employees of CONTRACTOR or
subcontractors of CONTRACTOR 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, debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2)
they have been convicted of criminal offense related to the provision of health care items or services;
and or (3) they have been reinstated to participate 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
CONTRACTOR(S) 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 CONTRACTOR hires or engages such
potential employee or subcontractor, the CONTRACTOR 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 of CONTRACTOR(S)
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
clients.
C. CONTRACTOR(S) shall verify (by asking the applicable employees and
subcontractors) that all current employees and existing subcontractors who, in each case, are expected
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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 participate in the Federal Health Care Programs after a period of exclusion,
suspension, debarment, or ineligibility. In the event any existing employee or subcontractor informs a
CONTRACTOR(S) 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 heath care services, CONTRACTOR(S) will ensure that said employee or
subcontractor does no work, either direct or indirect, relating to services provided to COUNTY.
1. CONTRACTOR(S) agrees to notify COUNTY immediately during the term of
this Agreement whenever CONTRACTOR learns that an employee or
subcontractor who, in each case, is providing professional services under
Section One (1) – SERVICES - of 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 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
CONTRACTOR(S) 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 clients.
D. CONTRACTOR(S) 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 CONTRACTOR(S)’s compliance with the provisions of this Section.
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E. CONTRACTOR(S) agrees to reimburse COUNTY for the entire cost of any
penalty imposed upon COUNTY by the Federal Government as a result of CONTRACTOR(S)’s
violation of CONTRACTOR(S)’s obligations as described in this Section.
26. PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for CONTRACTOR(S)’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 COUNTY’s DBH Director or designee and at a cost to
be provided in Section Four (4) – COMPENSATION - of this Agreement for such items as
written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related
expense(s).
27. SUBCONTRACTS
CONTRACTOR(S) shall be required to assume full responsibility for all services and
activities covered by this Agreement, whether or not the CONTRACTOR is providing services directly.
Further, CONTRACTOR(S) shall be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from this Agreement.
If CONTRACTOR(S) should propose to subcontract with one or more third parties to
carry out a portion of services covered by this Agreement, any such subcontract shall be in writing and
approved as to form and context by COUNTY’s DBH Director, or designee prior to execution and
implementation. COUNTY’s DBH Director, or designee, shall have the right to reject any such
proposed subcontract. Any such subcontract together with all activities by or caused by
CONTRACTOR(S) 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. CONTRACTOR(S) shall be responsible to COUNTY for the proper
performance of any subcontract. Any subcontractor shall be subject to the same terms and conditions
that CONTRACTOR is subject to under this Agreement.
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It is expressly recognized that CONTRACTOR(S) cannot engage in the practice of
medicine. If any medical services are to be provided in connection with the services under this
Agreement, such medical services shall be performed by an independent contracted physician. In this
instance, the requirements of the Confidential Medical Information Act (Civil Code 56 et. seq.) shall be
met.
If CONTRACTOR(S) hires an independent contracted physician, CONTRACTOR(S)
shall require and ensure that such independent contracted physician carries Professional Liability
(Medical Malpractice) 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.
28. 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,
CONTRACTOR(S) 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 16367.8 and 53130
through 53138;
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);
D. Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local
Governments and Non-Profit Organizations); and G. Title 45, Part 96, Subparts B, C
and L of the Code of Federal Regulations (Block Grants).
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29. CHANGE OF LEADERSHIP / MANAGEMENT
Any and all notices between COUNTY and CONTRACTOR(S) 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 CONTRACTOR(S)’ leadership or
management, CONTRACTOR(S) shall provide written notice to COUNTY within thirty (30) days from
the date of change. 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
CONTRACTOR(S) who either:
A. Directs individuals providing services pursuant to this Agreement,
B. Exercises control over the manner in which services are provided,
C. Has authority over CONTRACTOR(S)’s finances.
30. CHILD ABUSE REPORTING
CONTRACTOR(S) shall utilize a procedure acceptable to the COUNTY to ensure that all
of CONTRACTOR(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 CONTRACTOR(S)’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 requirements set forth in Penal Code section 11166. The statement to be utilized by
CONTRACTOR(S) for reporting is set forth in Exhibit F, “Notice of Child Abuse Reporting Law,”
attached hereto and by this reference incorporated herein.
31. CONFLICT OF INTEREST
No officer, agent, or employee of 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. CONTRACTOR(S) shall comply with all Federal,
State of California, and local conflict of interest laws, statutes, and regulations, which shall be
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applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee of
COUNTY.
32. DRUG-FREE WORKPLACE
CONTRACTOR(S) shall comply with the requirements of the Drug-Free Work Place Act
of 1990 (California Government Code section 8350).
33. CHARITABLE CHOICE
CONTRACTOR(S) 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 CONTRACTOR(S) must be voluntary as well as separate in time and location from
County funded activities and services. CONTRACTOR(S) shall inform County as to whether it is faith-
based. If CONTRACTOR(S) identifies as faith-based it must submit to DBH Contracts Division - SUD
Services a copy of its policy on referring individuals to alternate treatment CONTRACTOR, 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 contractor if they object to the religious nature of the program, and include a
notice to DBH Contracts Division - SUD Services. Adherence to this policy will be monitored during
annual site reviews, and a review of client files. If CONTRACTOR(S) identifies as faith-based, by July
1 of each year CONTRACTOR(S) will be required to report to DBH-Contracts the number of individuals
who requested referrals to alternate contractors based on religious objection.
34. AOD CERTIFICATION
A. The COUNTY requires all COUNTY contracted contractors 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. CONTRACTOR(S) shall provide proof of a completed application for AOD
Certification to the County within Thirty (30) days from the execution date of this Amendment to the
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current Agreement with the COUNTY. A copy of the AOD Certification shall be submitted to the
COUNTY when approved by the DHCS.
C. This AOD Certification requirement applies to every primary treatment facility
operated by the CONTRACTOR(S). CONTRACTOR(S) is not required to obtain a separate AOD
Certification for satellite sites associated with CONTRACTOR(S)’s primary treatment facility. Satellite
sites are expected to operate within the same AOD Certification guidelines and maintain the same
standards as the CONTRACTOR(S)’s related primary site. CONTRACTOR(S)’s 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. CONTRACTOR(S) shall submit a copy of their JCAHO or CARF
accreditation to the COUNTY within Thirty (30) days from the date this Amendment is executed.
CONTRACTOR(S) 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. CONTRACTOR(S) 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. CONTRACTOR(S) 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
Amendment to the current Agreement with the COUNTY.
2. CONTRACTOR(S)’s application for AOD Certification is denied by the
DHCS.
3. CONTRACTOR(S) 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. CONTRACTOR(S) fails to apply for AOD Certification with DHCS or
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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.
35. NO THIRD PARTY BENEFICIARIES
It is understood and agreed by and between the parties that the services provided by
CONTRACTOR(S) for COUNTY herein are solely for the benefit of the COUNTY, and that nothing in
this Agreement is intended to confer on any person other than the parties hereto any right under or by
reason of this Agreement.
36. SMOKING PROHIBITION REQUIREMENTS
CONTRACTOR(S) shall comply with Public Law 103-227, also known as the Pro-
Children Act of 1994 (20 USC Section 6081, et seq.), and with California Labor Code Section 6404.5,
the California Smoke-Free Workplace Law.
37. COMPLAINTS
CONTRACTOR(S) shall log complaints and the disposition of all complaints from a client
or a client’s family. CONTRACTOR(S) shall provide a copy of the detailed complaint log entries
concerning COUNTY-sponsored clients to COUNTY at monthly intervals by the tenth (10th) day of the
following month, in a format that is mutually agreed upon. In addition, CONTRACTOR(S) shall provide
details and attach documentation of each complaint with the log. CONTRACTOR(S) shall post signs
informing clients of their right to file a complaint or grievance. CONTRACTOR(S) shall notify COUNTY
of all incidents reportable to State licensing bodies that affect COUNTY clients within twenty-four (24)
hours of receipt of a complaint.
Within ten (10) days after each incident or complaint affecting COUNTY-sponsored
clients, CONTRACTOR(S) shall provide COUNTY with information relevant to the complaint,
investigative details of the complaint, the complaint and CONTRACTOR(S)’s disposition of, or
corrective action taken to resolve the complaint. In addition, CONTRACTOR(S) shall inform every
client of their rights as set forth in Exhibit G, “Fresno County Mental Health Plan.”
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38. DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION
This provision is only applicable if CONTRACTOR(S) 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 CONTRACTOR(S) by completing Exhibit H, “Disclosure
of Ownership and Control Interest Statement,” attached hereto and by this reference incorporated
herein and made part of this Agreement. CONTRACTOR(S) shall submit this form to COUNTY’s DBH
within thirty (30) days of the effective date of this Agreement. Additionally, CONTRACTOR(S) shall
report any changes to this information within thirty-five (35) days of occurrence by completing a new
Exhibit H, “Disclosure of Ownership and Control Interest Statement.” Submissions shall be scanned
pdf copies and are to be sent via email to SAS@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 contractor has had business
transactions totaling more than $25,000 during the 12-month period ending on the date of the request.
F. Any significant business transactions between the contractor and any wholly
owned supplier, or between the contractor 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 contractor, or agent or
managing employee of the contractor; 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 contractor 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 contractor and any wholly
owned supplier, or between the contractor and any subcontractor, during the 5-year period ending on
the date of the request.
39. DISCLOSURE OF CRIMINAL HISTORY & CIVIL ACTIONS
CONTRACTOR(S) is required to disclose if any of the following conditions apply to
them, their owners, officers, corporate managers or partners (hereinafter collectively referred to as
“CONTRACTOR”):
A. Within the three-year period preceding the Agreement award, CONTRACTOR(S)
has been convicted of, or had a civil judgment tendered against it for:
1. Fraud or criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction;
2. Violation of a federal or state antitrust statute;
3. Embezzlement, theft, forgery, bribery, falsification, or destruction of
records; or
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4. False statements or receipt of stolen property.
B. Within a three-year period preceding their Agreement award, CONTRACTOR(S)
has had a public transaction (federal, state, or local) terminated for cause or default.
Disclosure of the above information will not automatically eliminate CONTRACTOR(S) from further
business consideration. The information will be considered as part of the determination of whether to
continue and/or renew the Contract and any additional information or explanation that a
CONTRACTOR(S) elects to submit with the disclosed information will be considered. If it is later
determined that the CONTRACTOR(S) failed to disclose required information, any contract awarded to
such CONTRACTOR(S) may be immediately voided and terminated for material failure to comply with
the terms and conditions of the award.
CONTRACTOR(S) must sign a “Certification Regarding Debarment, Suspension, and Other
Responsibility Matters – Primary Covered Transactions” in the form set forth in Exhibit I attached hereto
and by this reference incorporated herein. Additionally CONTRACTOR(S) must immediately advise the
COUNTY in writing if, during the term of the Agreement: (1) CONTRACTOR becomes suspended,
debarred, excluded or ineligible for participation in federal or state funded programs or from receiving
federal funds as listed in the excluded parties list system (http://www.sam.gov); or (2) any of the above
listed conditions become applicable to CONTRACTOR. CONTRACTOR(S) shall indemnify, defend
and hold the COUNTY harmless for any loss or damage resulting from a conviction, debarment,
exclusion, ineligibility or other matter listed in the signed “Certification Regarding Debarment,
Suspension, and other Responsible Matters”.
40. DISCLOSURE OF SELF DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR(S) is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR(S)
changes its status to operate as a corporation.
Members of the CONTRACTOR(S)’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR(S) is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the
CONTRACTOR(S) is a party and in which one or more of its directors has a material financial interest.
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Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to
by completing and signing a “Self-Dealing Transaction Disclosure Form,” attached hereto as Exhibit J
and by this reference incorporated herein and made part of this Agreement, and submitting it to the
COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
41. AUDITS AND INSPECTIONS
The CONTRACTOR(S) 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 CONTRACTOR(S) shall, upon
request by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary
to ensure CONTRACTOR(S)'s compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR(S) shall be subject to the examination and audit of the State Auditor for a period of
three (3) years after final payment under contract (Government Code section 8546.7).
42. NOTICES
The persons having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY CONTRACTOR
Director, Fresno County See Exhibit A
Department of Behavioral Health
3133 N. Millbrook Ave.
Fresno, CA 93703
Any and all notices between the COUNTY and the CONTRACTOR(S) 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.
43. STATE ALCOHOL AND DRUG REQUIREMENTS
A. INDEMNIFICATION
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The CONTRACTOR(S) 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 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 CONTRACTOR(S) in the performance of this
Agreement.
B. INDEPENDENT CONTRACTOR
The CONTRACTOR(S) and the agents and employees of CONTRACTOR(S), 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. CONTRACTOR(S) 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
CONTRACTOR(S) 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
CONTRACTOR(S) 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.
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F. EXPENDITURE OF STATE GENERAL AND FEDERAL FUNDS
CONTRACTOR(S) 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
CONTRACTOR(S) shall provide accessible and appropriate services in
accordance with Federal and State statutes and regulations to all eligible persons.
H. REPORTS
CONTRACTOR(S) 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 CONTRACTOR(S) 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. CONTRACTOR(S) shall maintain books, records, documents, and other
evidence necessary to monitor and audit this Agreement.
2. CONTRACTOR(S) 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.
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44. COMPLIANCE WITH LAWS AND POLICIES
CONTRACTOR(S) 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. CONTRACTOR(S) shall comply with any other Federal and State laws or guidelines
applicable to CONTRACTOR(S)’s performance under this Agreement or any local ordinances,
regulations, or policies applicable. Such provisions include, but are not restricted to:
A. CONTRACTOR(S) shall provide that each client's ability to pay for services is
determined by the use of the method approved by COUNTY.
B. CONTRACTOR(S) shall establish and use COUNTY’s approved method of
determining and collecting fees from clients.
C. CONTRACTOR(S) 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. CONTRACTOR(S) shall submit accurate, complete and timely claims and cost
reports, reporting only allowable costs.
E. CONTRACTOR(S) shall comply with statistical reporting and program evaluation
systems as provided in State of California regulations and in this Agreement.
F. CONTRACTOR(S) 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
Contract is established. Upon amendment of the State-County Contract, the terms of the amended
Contract shall automatically be incorporated into this Agreement.
45. FEDERAL CERTIFICATIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS
A. DBH and CONTRACTOR(S) 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".
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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 prospective recipient shall provide immediate written notice to DBH
if at any time prospective recipient 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 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.
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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.
46. ADDITIONS OF CONTRACTORS
COUNTY’s DBH Director, or designee, reserves the right at any time during the term of
this Agreement to add new CONTRACTOR(S) to those listed in Exhibit A. It is understood any such
additions will not affect compensation paid to any other CONTRACTOR, and therefore such additions
may be made by COUNTY without notice to or approval of the other CONTRACTOR(S) under this
Agreement.
47. UNLAWFUL USE OF DRUGS AND ALCOHOL
CONTRACTOR(S) 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
CONTRACTOR(S). Additionally CONTRACTOR(S) 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 sections 11999-11999.3.
CONTRACTOR(S) shall maintain that any unlawful use of drugs and alcohol is illegal and dangerous.
CONTRACTOR(S) must sign the “Unlawful Use of Drugs and Alcohol Certification”, attached hereto as
Exhibit K, incorporated herein by reference and made part of the Agreement agreeing to uphold the
obligations of Health and Safety Code sections 11999-11999.3.
COUNTY shall enforce the requirement of “No Unlawful Use” set forth by DHCS and
requires CONTRACTOR(S) to enforce the requirement as well.
This agreement may be unilaterally terminated, without penalty, if CONTRACTOR(S) 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 designee
to have violated a prohibition of the Unlawful Use of Drugs and Alcohol message.
48. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
CONTRACTOR(S) 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
43
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injection of any illegal drug unless the DHCS chooses to implement a demonstration syringe services
program for intravenous drug users with Substance Abuse Prevention and Treatment (SAPT) Block
Grant funds.
49. CONFIDENTIALITY OATH
CONTRACTOR(S) shall ensure that all of its employees sign a written confidentiality
oath, attached hereto as Exhibit L, before they begin employment with CONTRACTOR(S) and shall
renew said document annually thereafter. CONTRACTOR(S) 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. SEPARATE AGREEMENT
It is mutually understood by the parties that this Agreement does not, in any way, create
a joint venture among CONTRACTOR(S). By execution of this Agreement, CONTRACTOR(S)
understands that a separate Agreement is formed between each individual CONTRACTOR(S) and
COUNTY.
51. 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.
52. ENTIRE AGREEMENT
This Agreement, including all Exhibits between CONTRACTOR(S) and COUNTY, RFA
released on February 14, 2018, and response to RFA 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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written . 3
4 CONTRACTOR(S)
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SEE EXHIBIT A
18 FOR ACCOUNTING USE ONLY:
19 ORG No .: 56302081
Account No.: 7295
20 Requis iti on No .:
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COUNTY OF FRESNO
0
hairperson of the Board
n \.ic,,...a, of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
44
Exhibit A
Page 1 of 1
Vendor Phone Site Location Contract Max
Central California Recovery, Inc.
Remit to:
1204 W. Shaw Ave., #102
Fresno, CA 93711
(559) 273-2942
1100 W. Shaw Ave. #130
Fresno CA 93711
$29,520
Delta Care, Inc.
Remit to:
4705 N. Sonora Ave., Suite 101
Fresno, CA 93722
(559) 276-7558
4705 N. Sonora Ave.
Fresno, CA 93722
$38,949
Fresno New Connections, Inc.
4411 N. Cedar Ave. #118
Fresno, CA 93726
(559) 248-1548
4411 N. Cedar Ave.
Fresno, CA 93726
$12,000
Total:
$80,469
Mailing Address:
Street Address:
3 Phone Number:
6 Fax Number:
E-mail Address:
% of FTE
Annual dedicated to
Salary this program Admin.Direct Admin.Direct
0101 47,000$ 25%20%80%2,350.00$ 9,400.00$ 11,750.00$
0102 36,000$ 15%90%10%4,860.00$ 540.00$ 5,400.00$
0103 36,000$ 10%100%-$ 3,600.00$ 3,600.00$
0104 36,000$ 10%100%-$ 3,600.00$ 3,600.00$
0105 47,000$ 5%100%2,350.00$ -$ 2,350.00$
0106 4,800$ 5%100%-$ 240.00$ 240.00$
0107 -$ -$ -$
0108 -$ -$ -$
0109 -$ -$ -$
0110 -$ -$ -$
0111 -$ -$ -$
0112 -$ -$ -$
SALARIES TOTAL 9,560$ 17,380$ 26,940$
Rate 35%65%100%
0151 F.I.C.A. Social Security and Medicare SS 6.2 % rate applied to $127.2k of gross earnings per employee 6.20%593$ 1,078$ 1,670.28$
0152 Federal Unemployment (FUTA)Rate applied to only first $7k of gross earnings per employee 0.00%-$ -$
0153 State Employment Training Tax (ETT)Rate applied to only first $7k of gross earnings per employee 0.00%-$ -$
0154 State Unemployment Insurance (UI)Rate applied to only first $7k of gross earnings per employee 0.00%-$ -$
0155 1.20%115$ 209$ 323.28$
PAYROLL TAXES TOTAL 708$ 1,287$ 1,994$
EMPLOYEE BENEFITS Rate 35.49%64.51%100%
0201 Health Insurance 0.00%-$ -$
0202 Life Insurance 0.00%-$ -$
0203 Retirement 0.00%-$ -$
PAYROLL TAXES
Workers' Compensation Insurance
Dr. Felix Enunwa- Business Administrator/Counselor
Joy Troyn-Administrative Assistant/Counselor
George Tapia-Counselor
Denise Campos-Counselor
Rita Enunwa-Executive Director
Yolanda Garcia-BookKeeper
Fresno, CA 93722
No. of Budgeted FTEs - Admin:(559) 276-7558
No. of Budgeted FTEs - Direct:(559) 276-7568
deltacareinc@yahoo.com
Budget Categories % Time dedicated Proposed Program Budget
Line Item Description to services Total Proposed
Budget(Must be Itemized)
PERSONNEL/SALARIES
Approved by:4705 N. Sonora Avenue, Suite 101
FAMILY FOCUSED PREVENTION SERVICES
Substance Use Disorder (SUD)
Projected Budget - Fiscal Year 2018-19
Provider Name:Delta Care Inc 4705 N. Sonora Avenue, Suite 101
Program Name:Total Family SUD unifdication System Fresno CA 93722
Exhibit B
Page 1 of 10
0204 Benefits Other - Specify 0.00%-$ -$
EMPLOYEE BENEFITS TOTAL -$ -$ -$
TAXES & BENEFITS TOTAL 1,994$
TOTAL PERCENT OF BENEFITS TO SALARIES 7.40%
Services and Supplies
0252 75.00$
0253 75.00$
150.00$
0301 150.00$
0302
150.00$
0351 375.00$
0352 125.00$
0353 350.00$
0354
0355
850.00$
0401 150.00$
0402
0403
150.00$
0451 1,050.00$
0452 150.00$
0453 75.00$
1,275.00$
0501 450.00$
0502
0503 250.00$
0504 450.00$
1,150.00$
0551 2,750.00$
0552 550.00$
0553 2,750.00$
Staff Training/Registration
Purchase of Equipment (Computers/Furniture)
Equipment Rent/Lease (Copy Machines)
Equipment Maintenance
EQUIPMENT TOTAL
Rent/Lease Building
Facilities Maintenance
Utilities
FACILITIES TOTAL
TRAVEL COSTS
Staff Mileage
Staff Travel (Out of County)
FACILITIES
Transportation
TRAVEL COSTS TOTAL
PROGRAM SUPPLIES
Program Supplies-Client Incentives
Program Supplies-Curriculum
Program Supplies-Food
EQUIPMENT
COMMUNICATIONS
Telecommunications/data lines
Answering Service
COMMUNICATIONS TOTAL
OFFICE EXPENSE
Office Supplies
Soc Rec., Workbooks
Printing/Reproduction
Publications
Legal Notices/Advertising
OFFICE EXPENSE TOTAL
INSURANCE
Liability Insurance
Insurance Other-Specify
INSURANCE TOTAL
Exhibit B
Page 2 of 10
6,050.00$
0601
0602
-$
0651 240.00$
0652
240.00$
0701
0702
0703
0749
-$
38,948.56$
3120
3130
3140
3150
3160
-$
38,949$
FISCAL AND AUDITS
PROGRAM SUPPLIES TOTAL
CONSULTANCY
Consultant Services (Interpretive Services)
Contracted Services (Recruitment)
CONSULTANCY TOTAL
NET PROGRAM BUDGET
Drug Medi-Cal
Accounting/Bookkeeping (IT Support)
External Audit
FISCAL AND AUDITS TOTAL
OTHER COSTS
County Administration Fee
Other Business Services
OTHER COSTS TOTAL
ONE TIME ADVANCE - Start Up Costs
TOTAL PROGRAM EXPENDITURES
REVENUE/MATCH
State Grant
Client Fees
Insurance
REVENUE/MATCH TOTAL
Indirect Costs
Licenses/Taxes
Private Donations
Exhibit B
Page 3 of 10
Provider Name:
Dr. Felix Enunwa- Business Administrator & Counselor 47,000$ 25%
Joy Troyn- Administrative Assitant/Assistant 36,000$ 15%
George Tapia- Counselor 36,000$ 10%
Denise Campos- Counselor 36,000$ 5%
Rita Enunwa, Executive Director 47,000$ 5%
Yolanda Garcia, Bookkeeper 4,800$ 5%
Amount: FY 18-19
PAYROLL TAXES TOTAL
EMPLOYEE BENEFITS TOTAL 1,620.28$
323.28$
75.00$
75.00$
150.00$
375.00$
125.00$
350.00$
150.00$
1,050.00$
150.00$
75.00$
450.00$
350.00$
450.00$
2,750.00$
550.00$
2,750.00$
240.00$
FISCAL AND AUDITS Provide a brief description for each category, if applicable:
0651 - Accounting/Bookkeeping:
0652 - External Audit:
OTHER COSTS Provide a brief description for each category, if applicable:
0701 - Indirect Costs:
0702 - Licenses/Taxes:
CONSULTANCY Provide a brief description for each category, if applicable:
0601 - Consultant Services
0602 - Contracted Services:
TRAVEL Provide a brief description for each category, if applicable:
0501 - Staff Mileage:
0502 - Staff Travel (Out of County):
0503 - Staff Training/Registration:
0504 - Transportation:
PROGRAM SUPPLIES Provide a brief description for each category, if applicable:
0551 - Program Supplies - Client Incentives:
0552 - Program Supplies - Curriculum:
0553 - Program Supplies - Food:
EQUIPMENT Provide a brief description for each category, if applicable:
0401 - Purchase of Equipment:
0402 - Equipment Rent/Lease:
0403 - Equipment Maintenance:
FACILITIES Provide a brief description for each category, if applicable:
0451 - Rent/Lease Building:
0452 - Facilities Maintenance:
0453 - Utilities:
COMMUNICATIONS
0301 - Telecommunications/data lines:
0302 - Answering Service:
OFFICE EXPENSE
0351-Office Supplies:
0352 - Social/Rec, Workbooks:
0353-Printing/Reproduction:
0354 - Publications:
0355 - Legal Notices/Advertising:
INSURANCE List the provider and expiration date for the following insurance categories, if applicable:
0251 - Workers Compensation Insurance:
0252 - Liability Insurance:
0253 - Insurance Other:
FAMILY FOCUSED PREVENTION SERVICES
Substance Use Disorder (SUD)
Projected Budget
PERSONNEL/ SALARIES
Annual Salary for
this Program
% of FTE dedicated to this
program
Budget Categories-Line Item Description Positions
Descriptions
DELTA CARE INC
Annual Salary and FTE Equivalence as in Budget.
Provide a brief description for each category, if applicable:
Provide a brief description for each category, if applicable:
Exhibit B
Page 4 of 10
0703 - County Administration Fee:
0749-Other Costs:
ONE TIME ADVANCE
REVENUE/MATCH Identify all anticipated funding sources and distinguish whether the revenue offsets expenditures
for the existing/proposed program:
3120 - Drug Medi-Cal:
Mental Health Medi-Cal:
3130 - State Grant:
3140 - Private Donations:
3150 - Client Fees:
N/AUsed for startup costs and is available upon request with a detailed justification. The amount
cannot exceed 1/12th of the total cost proposal for this section.
Exhibit B
Page 5 of 10
Mailing Address:
Street Address:
0 Phone Number:
0.21 Fax Number:
E-mail Address:
% of FTE
Annual dedicated to
Salary this program Admin.Direct Admin.Direct
0101 24,960$ 4%0%100%-$ 998.40$ 998.40$
0102 24,960$ 4%0%100%-$ 998.40$ 998.40$
0103 -$ -$ -$
0104 -$ -$ -$
0105 -$ -$ -$
0106 -$ -$ -$
0107 -$ -$ -$
0108 -$ -$ -$
0109 -$ -$ -$
0110 -$ -$ -$
0111 -$ -$ -$
0112 -$ -$ -$
SALARIES TOTAL -$ 1,997$ 1,997$
Rate 0%100%100%
0151 F.I.C.A. Social Security and Medicare SS 6.2 % rate applied to $127.2k of gross earnings per employee 7.65%-$ 153$ 152.76$
0152 Federal Unemployment (FUTA)Rate applied to only first $7k of gross earnings per employee 0.00%-$ -$
0153 State Employment Training Tax (ETT)Rate applied to only first $7k of gross earnings per employee 1.00%-$ 20$ 19.97$
0154 State Unemployment Insurance (UI)Rate applied to only first $7k of gross earnings per employee 3.40%-$ 68$ 67.89$
0155 8.00%-$ 160$ 159.74$
PAYROLL TAXES TOTAL -$ 401$ 400$
EMPLOYEE BENEFITS Rate 0.00%100.00%100%
0201 Health Insurance 0.00%-$ -$
0202 Life Insurance 0.00%-$ -$
0203 Retirement 0.00%-$ -$
0204 Benefits Other - Specify 0.00%-$ -$
Approved by:Rob Martin 4411 N. Cedar #108 Fresno, CA 93726
FAMILY FOCUSED PREVENTION SERVICES
Substance Use Disorder (SUD)
Projected Budget - Fiscal Year 2018-19
Provider Name:Fresno New Connections, Inc.4411 N. Cedar #108 Fresno, CA 93726
Program Name:Family Focused Prevention Services
No. of Budgeted FTEs - Admin:(559) 248-1548
No. of Budgeted FTEs - Direct:(559) 248-1530
ncaod1@sbcglobal.net
Budget Categories % Time dedicated Proposed Program Budget
Line Item Description to services Total Proposed
Budget(Must be Itemized)
PERSONNEL/SALARIES
PAYROLL TAXES
Workers' Compensation Insurance
Counselor
Counselor
Exhibit B
Page 6 of 10
EMPLOYEE BENEFITS TOTAL -$ -$ -$
TAXES & BENEFITS TOTAL 400$
TOTAL PERCENT OF BENEFITS TO SALARIES 20.05%
Services and Supplies
0252 250.00$
0253
250.00$
0301
0302
-$
0351 120.00$
0352 500.00$
0353
0354
0355
620.00$
0401
0402
0403
-$
0451 4,800.00$
0452 300.00$
0453 900.00$
6,000.00$
0501
0502
0503
0504
-$
0551 333.00$
0552
0553 1,200.00$
1,533.00$
INSURANCE TOTAL
INSURANCE
Liability Insurance
Insurance Other-Specify
EQUIPMENT
COMMUNICATIONS
Telecommunications/data lines
Answering Service
COMMUNICATIONS TOTAL
OFFICE EXPENSE
Office Supplies
Soc Rec., Workbooks
Printing/Reproduction
Publications
Legal Notices/Advertising
OFFICE EXPENSE TOTAL
Transportation
TRAVEL COSTS TOTAL
PROGRAM SUPPLIES
Program Supplies-Client Incentives
Program Supplies-Curriculum
Program Supplies-Food
PROGRAM SUPPLIES TOTAL
Staff Training/Registration
Purchase of Equipment (Computers/Furniture)
Equipment Rent/Lease (Copy Machines)
Equipment Maintenance
EQUIPMENT TOTAL
Rent/Lease Building
Facilities Maintenance
Utilities
FACILITIES TOTAL
TRAVEL COSTS
Staff Mileage
Staff Travel (Out of County)
FACILITIES
Exhibit B
Page 7 of 10
0601
0602
-$
0651 1,200.00$
0652
1,200.00$
0701
0702
0703
0749
-$
12,000.16$
3120
3130
3140
3150
3160
-$
12,000$
Indirect Costs
Licenses/Taxes
Private Donations
NET PROGRAM BUDGET
Drug Medi-Cal
Accounting/Bookkeeping (IT Support)
External Audit
FISCAL AND AUDITS TOTAL
OTHER COSTS
County Administration Fee
Other Business Services
OTHER COSTS TOTAL
ONE TIME ADVANCE - Start Up Costs
TOTAL PROGRAM EXPENDITURES
REVENUE/MATCH
State Grant
Client Fees
Insurance
REVENUE/MATCH TOTAL
FISCAL AND AUDITS
CONSULTANCY
Consultant Services (Interpretive Services)
Contracted Services (Recruitment)
CONSULTANCY TOTAL
Exhibit B
Page 8 of 10
Provider Name:
2 Counselors to facilitate meetings and take charge of
essential elements of program delivery.1,997$
Amount: FY 18-19
PAYROLL TAXES TOTAL 240.62$
EMPLOYEE BENEFITS TOTAL
159.74$
250.00$
120.00$
500.00$
4,800.00$
300.00$
900.00$
333.00$
1,200.00$
1,200.00$
FISCAL AND AUDITS Provide a brief description for each category, if applicable:
0651 - Accounting/Bookkeeping:
0652 - External Audit:
OTHER COSTS Provide a brief description for each category, if applicable:
0701 - Indirect Costs:
CONSULTANCY Provide a brief description for each category, if applicable:
0601 - Consultant Services
0602 - Contracted Services:
TRAVEL Provide a brief description for each category, if applicable:
0501 - Staff Mileage:
0502 - Staff Travel (Out of County):
0503 - Staff Training/Registration:
0504 - Transportation:
PROGRAM SUPPLIES Provide a brief description for each category, if applicable:
0551 - Program Supplies - Client Incentives: Purchase of gift cards, trinkets, certificates, etc.
0552 - Program Supplies - Curriculum:
0553 - Program Supplies - Food: Purchase of food to augment pot lucks, graduations, and
EQUIPMENT Provide a brief description for each category, if applicable:
0401 - Purchase of Equipment:
0402 - Equipment Rent/Lease:
0403 - Equipment Maintenance:
FACILITIES Provide a brief description for each category, if applicable:
0451 - Rent/Lease Building:
0452 - Facilities Maintenance:
0453 - Utilities:
COMMUNICATIONS
0301 - Telecommunications/data lines:
0302 - Answering Service:
OFFICE EXPENSE
0351-Office Supplies: Office Supplies: Purchase of paper, pens, stapplers, and other
0352 - Social/Rec, Workbooks: Purchase of curriculum, Training kit, Program DVD and
0353-Printing/Reproduction:
0354 - Publications:
0355 - Legal Notices/Advertising:
INSURANCE List the provider and expiration date for the following insurance categories, if applicable:
0251 - Workers Compensation Insurance:
0252 - Liability Insurance:
0253 - Insurance Other:
FAMILY FOCUSED PREVENTION SERVICES
Substance Use Disorder (SUD)
Projected Budget
PERSONNEL/ SALARIES
Annual Salary for
this Program
% of FTE dedicated to this
program
Budget Categories-Line Item Description Positions
Descriptions
Fresno New Connections, Inc.
Annual Salary and FTE Equivalence as in Budget.
Provide a brief description for each category, if applicable:
Provide a brief description for each category, if applicable:
Exhibit B
Page 9 of 10
0702 - Licenses/Taxes:
0703 - County Administration Fee:
0749-Other Costs:
ONE TIME ADVANCE
REVENUE/MATCH Identify all anticipated funding sources and distinguish whether the revenue offsets expenditures
for the existing/proposed program:
3120 - Drug Medi-Cal:
Mental Health Medi-Cal:
3130 - State Grant:
3140 - Private Donations:
3150 - Client Fees:
N/AUsed for startup costs and is available upon request with a detailed justification. The amount
cannot exceed 1/12th of the total cost proposal for this section.
Exhibit B
Page 10 of 10
Exhibit D
Page 1 of 2
CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES
CONTRACTOR shall adhere to and develop written procedures in accordance with the below standards
adapted from the National Standards for Culturally and Linguistically Appropriate Services (CLAS) in
Health Care:
Culturally Competent Care:
1. Organizations must ensure that consumers receive from all staff members effective,
understandable, and respectful care that is provided in a manner compatible with
their cultural health beliefs and practices and preferred language.
2. Organizations must implement strategies to recruit, retain, and promote at all levels
of the organization a diverse staff and leadership that are representative of the
demographic characteristics of the service area.
3. Organizations must ensure that staff at all levels and across all disciplines receive
ongoing education and training in culturally and linguistically appropriate service
delivery.
Language Access Services:
4. Organizations must offer and provide language assistance services, including bilingual
staff and interpreter services, at no cost to consumers with limited English proficiency
at all points of contact, in a timely manner during all hours of operation.
5. Organizations must provide to consumers in their preferred language both verbal
offers and written notices informing them of their right to receive language assistance
services.
6. Organizations must assure the competence of language assistance provided to limited
English proficient consumers by interpreters and bilingual staff. Family and friends
should not be used to provide interpretation services (except on the request of the
consumer).
7. Organizations must make available easily understood patient-related materials and
post signage in the languages of the commonly encountered groups and/or groups
represented in the service area.
Organizational Supports:
8. Organizations must develop, implement, and promote a written strategic plan that
outlines clear goals, policies, operational plans, and management
accountability/oversight mechanisms to provide culturally and linguistically
appropriate services.
Exhibit D
Page 2 of 2
9. Organizations must conduct initial and ongoing organizational self-assessments of
CLAS related activities and are encouraged to integrate cultural and linguistic
competence-related measures into their internal audits, performance improvement
programs, consumer satisfaction Assessments, and Outcomes-Based Evaluations.
10. Organizations must ensure that data on the individual consumer’s race, ethnicity, and
spoken and written language are collected in program records, integrated into the
organizations management information systems, and periodically updated.
11. Organizations must maintain a current demographic, cultural, and epidemiological
profile of the community as well as a needs assessment to accurately plan for and
implement services that respond to the cultural and linguistic characteristics of the
service area.
12. Organizations must develop participatory, collaborative partnerships with
communities and utilize a variety of formal and informal mechanisms to facilitate
community and consumer involvement in designing and implementing CLAS-related
activities.
13. Organizations must ensure that conflict and grievance resolution processes are
culturally and linguistically sensitive and capable of identifying, preventing, and
resolving cross-cultural conflicts or complaints by consumers.
14. Organizations must regularly make available to the public information about their
progress and successful innovations in implementing these standards and to provide
public notice in their communities about the availability of this information.
15. Organizations must ensure communication regarding the organization’s progress in
implementing and sustaining CLAS to all stakeholders, constituents, and general
public.
CONTRACTOR shall develop written procedures in accordance with the above standards. 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.
Exhibit E
Page 1 of 6
STATE MENTAL HEALTH REQUIREMENTS
1. CONTROL REQUIREMENTS
The COUNTY and its subcontractors shall provide services in accordance with all
applicable Federal and State statutes and regulations.
2. PROFESSIONAL LICENSURE
All (professional level) persons employed by the COUNTY Mental Health
Program (directly or through contract) providing Short-Doyle/Medi-Cal services
have met applicable professional licensure requirements pursuant to Business
and Professions and Welfare and Institutions Codes.
3. CONFIDENTIALITY
CONTRACTOR 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 42, Code
of Federal Regulations sections 2.1 et seq; 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.
4. NON-DISCRIMINATION
A. Eligibility for Services
CONTRACTOR shall prepare and make available to COUNTY and to the
public all eligibility requirements to participate in the program plan set
forth in the Agreement. No person shall, because of ethnic group
identification, age, gender, color, disability, medical condition, national
origin, race, ancestry, marital status, religion, religious creed, political
belief or sexual preference be excluded from participation, be denied
benefits of, or be subject to discrimination under any program or activity
receiving Federal or State of California assistance.
B. Employment Opportunity
CONTRACTOR shall comply with COUNTY policy, and the Equal
Employment Opportunity Commission guidelines, which forbids
discrimination against any person on the grounds of race, color, national
origin, sex, religion, age, disability status, or sexual preference in
employment practices. 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.
Exhibit E
Page 2 of 6
C. Suspension of Compensation
If an allegation of discrimination occurs, COUNTY may withhold all further
funds, until CONTRACTOR can show clear and convincing evidence to
the satisfaction of COUNTY that funds provided under this Agreement
were not used in connection with the alleged discrimination.
D. Nepotism
Except by consent of COUNTY’s Department of Behavioral Health
Director, or designee, no person shall be employed by CONTRACTOR
who is related by blood or marriage to, or who is a member of the Board
of Directors or an officer of CONTRACTOR.
5. PATIENTS' RIGHTS
CONTRACTOR shall comply with applicable laws and regulations, including but
not limited to, laws, regulations, and State policies relating to patients' rights.
STATE CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: CONTRACTOR has, unless exempted,
complied with the non-discrimination program requirements. (Gov. Code§ 12990 (a-f)
and CCR, Title 2, Section 111 02) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: CONTRACTOR will comply
with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-
free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free
workplace;
3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on this Agreement will:
1) receive a copy of the company's drug-free workplace policy
statement; and,
2) agree to abide by the terms of the company's statement as a
condition of employment on this Agreement.
Exhibit E
Page 3 of 6
Failure to comply with these requirements may result in suspension of payments under
this Agreement or termination of this Agreement or both and CONTRACTOR may be
ineligible for award of any future State agreements if the department determines that any
of the following has occurred: the CONTRACTOR has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: CONTRACTOR
certifies that no more than one (1) final unappealable finding of contempt of court by a
Federal court has been issued against CONTRACTOR within the immediately preceding
two (2) year period because of CONTRACTOR’s failure to comply with an order of a
Federal court, which orders CONTRACTOR to comply with an order of the National
Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: CONTRACTOR hereby certifies that CONTRACTOR will comply with
the requirements of Section 6072 of the Business and Professions Code, effective
January 1, 2003.
CONTRACTOR agrees to make a good faith effort to provide a minimum number of
hours of pro bono legal services during each year of the contract equal to the lessor of
30 multiplied by the number of full time attorneys in the firm’s offices in the State, with
the number of hours prorated on an actual day basis for any contract period of less than
a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: CONTRACTOR hereby declares that it is not
an expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All CONTRACTORS contracting for the procurement or laundering of
apparel, garments or corresponding accessories, or the procurement of equipment,
materials, or supplies, other than procurement related to a public works contract, declare
under penalty of perjury that no apparel, garments or corresponding accessories,
equipment, materials, or supplies furnished to the state pursuant to the contract have
been laundered or produced in whole or in part by sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or exploitation
of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor. CONTRACTOR further declares under
penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the
California Department of Industrial Relations website located at www.dir.ca.gov, and
Public Contract Code Section 6108.
Exhibit E
Page 4 of 6
b. CONTRACTOR agrees to cooperate fully in providing reasonable access
to the CONTRACTOR’s records, documents, agents or employees, or premises if
reasonably required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the contractor’s
compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, CONTRACTOR
certifies that CONTRACTOR is in compliance with Public Contract Code Section
10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, CONTRACTOR
certifies that CONTRACTOR is in compliance with Public Contract Code Section
10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: CONTRACTOR needs to be aware of the following
provisions regarding current or former state employees. If CONTRACTOR has any
questions on the status of any person rendering services or involved with this
Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
a). No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or has a financial
interest and which is sponsored or funded by any state agency, unless the employment,
activity or enterprise is required as a condition of regular state employment.
b). No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
a). For the two (2) year period from the date he or she left state employment,
no former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or any part of
the decision-making process relevant to the contract while employed in any capacity by
any state agency.
b). For the twelve (12) month period from the date he or she left state
employment, no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making position in the
same general subject area as the proposed contract within the twelve (12) month period
prior to his or her leaving state service.
If CONTRACTOR violates any provisions of above paragraphs, such action by
CONTRACTOR shall render this Agreement void. (Pub. Contract Code §10420)
Exhibit E
Page 5 of 6
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: CONTRACTOR needs to be
aware of the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the
provisions, and CONTRACTOR affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: CONTRACTOR assures the State that
it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
CONTRACTOR’s name as listed on this Agreement. Upon receipt of legal
documentation of the name change the State will process the amendment. Payment of
invoices presented with a new name cannot be paid prior to approval of said
amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the
contracting agencies will be verifying that the CONTRACTOR is currently qualified to do
business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging
in any transaction for the purpose of financial or pecuniary gain or profit. Although there
are some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of
California) must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the Office of
the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide
the State with a copy of a resolution, order, motion, or ordinance of the local governing
body, which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the
CONTRACTOR shall not be: (1) in violation of any order or resolution not subject to
review promulgated by the State Air Resources Board or an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law
relating to air or water pollution.
Exhibit E
Page 6 of 6
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
9. INSPECTION and Audit of Records and access to Facilities.
The State, CMS, the Office of the Inspector General, the Comptroller General, and their
designees may, at any time, inspect and audit any records or documents of
CONTRACTOR or its subcontractors, and may, at any time, inspect the premises,
physical facilities, and equipment where Medicaid-related activities or work is conducted.
The right to audit under this section exists for ten (10) years from the final date of the
contract period or from the date of completion of any audit, whichever is later.
Federal database checks.
Consistent with the requirements at § 455.436 of this chapter, the State must confirm the
identity and determine the exclusion status of CONTRACTOR, any subcontractor, as
well as any person with an ownership or control interest, or who is an agent or managing
employee of CONTRACTOR through routine checks of Federal databases. This
includes the Social Security Administration's Death Master File, the National Plan and
Provider Enumeration System (NPPES), the List of Excluded Individuals/Entities (LEIE),
the System for Award Management (SAM), and any other databases as the State or
Secretary may prescribe. These databases must be consulted upon contracting and no
less frequently than monthly thereafter. If the State finds a party that is excluded, it must
promptly notify the CONTRACTOR and take action consistent with § 438.610(c).
The State must ensure that CONTRACTOR with which the State contracts under this
part is not located outside of the United States and that no claims paid by a
CONTRACTOR to a network provider, out-of-network provider, subcontractor or financial
institution located outside of the U.S. are considered in the development of actuarially
sound capitation rates.
Exhibit G
Page 1 of 2
Fresno County Mental Health Plan
Grievances
Fresno County Mental Health Plan (MHP) provides beneficiaries with a grievance
and appeal process and an expedited appeal process to resolve grievances and
disputes at the earliest and the lowest possible level.
Title 9 of the California Code of Regulations requires that the MHP and its fee-
for-service providers give verbal and written information to Medi-Cal beneficiaries
regarding the following:
• How to access specialty mental health services
• How to file a grievance about services
• How to file for a State Fair Hearing
The MHP has developed a Consumer Guide, a beneficiary rights poster, a
grievance form, an appeal form, and Request for Change of Provider Form. All
of these beneficiary materials must be posted in prominent locations where Medi-
Cal beneficiaries receive outpatient specialty mental health services, including
the waiting rooms of providers’ offices of service.
Please note that all fee-for-service providers and contract agencies are required
to give their clients copies of all current beneficiary information annually at the
time their treatment plans are updated and at intake.
Beneficiaries have the right to use the grievance and/or appeal process without
any penalty, change in mental health services, or any form of retaliation. All
Medi-Cal beneficiaries can file an appeal or state hearing.
Grievances and appeals forms and self addressed envelopes must be available
for beneficiaries to pick up at all provider sites without having to make a verbal or
written request. Forms can be sent to the following address:
Fresno County Mental Health Plan
P.O. Box 45003
Fresno, CA 93718-9886
(800) 654-3937 (for more information)
(559) 488-3055 (TTY)
Provider Problem Resolution and Appeals Process
The MHP uses a simple, informal procedure in identifying and resolving provider
concerns and problems regarding payment authorization issues, other
complaints and concerns.
Exhibit G
Page 2 of 2
Informal provider problem resolution process – the provider may first speak to a
Provider Relations Specialist (PRS) regarding his or her complaint or concern.
The PRS will attempt to settle the complaint or concern with the provider. If the
attempt is unsuccessful and the provider chooses to forego the informal
grievance process, the provider will be advised to file a written complaint to the
MHP address (listed above).
Formal provider appeal process – the provider has the right to access the
provider appeal process at any time before, during, or after the provider problem
resolution process has begun, when the complaint concerns a denied or modified
request for MHP payment authorization, or the process or payment of a
provider’s claim to the MHP.
Payment authorization issues – the provider may appeal a denied or modified
request for payment authorization or a dispute with the MHP regarding the
processing or payment of a provider’s claim to the MHP. The written appeal
must be submitted to the MHP within 90 calendar days of the date of the receipt
of the non-approval of payment.
The MHP shall have 60 calendar days from its receipt of the appeal to inform the
provider in writing of the decision, including a statement of the reasons for the
decision that addresses each issue raised by the provider, and any action
required by the provider to implement the decision.
If the appeal concerns a denial or modification of payment authorization request,
the MHP utilizes a Managed Care staff who was not involved in the initial denial
or modification decision to determine the appeal decision.
If the Managed Care staff reverses the appealed decision, the provider will be
asked to submit a revised request for payment within 30 calendar days of receipt
of the decision
Other complaints – if there are other issues or complaints, which are not related
to payment authorization issues, providers are encouraged to send a letter of
complaint to the MHP. The provider will receive a written response from the
MHP within 60 calendar days of receipt of the complaint. The decision rendered
buy the MHP is final.