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HomeMy WebLinkAboutAgreement A-21-352 with Kings View.pdf1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT This Agreement is made and entered into this ______ day of ___________ 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY”, and Kings View, a California non-profit corporation, whose address is 7170 N. Financial Drive. Suite 110, Fresno, CA 93720, hereinafter referred to as "CONTRACTOR," (collectively the “parties”). W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Behavioral Health (DBH), recognize the need for a qualified agency to provide follow up call services for the Suicide Prevention Follow-Up Call Program, which will provide real-time insight to possible external factors impacting persons with suicidal ideation and increase linkages to appropriate behavioral health services for those who have called the lifeline in crisis and/or with suicidal ideation, or persons who have recently been released from the emergency departments, crisis stabilization center, or inpatient care for suicide ideation and/or attempt; and WHEREAS, COUNTY, through its DBH, Mental Health Services Act (MHSA) Innovation (INN) component, has a need for evaluation services for any Innovation plan; and WHEREAS, CONTRACTOR, is qualified, willing and able to provide services required by the COUNTY, pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1.SERVICES A.CONTRACTOR shall perform all services and fulfill all responsibilities as set forth in Exhibit A, “Summary of Services”, which is attached hereto and by this reference incorporated herein and made part of this Agreement. B.CONTRACTOR shall align services and practices with the vision, mission, and guiding principles of the DBH, as further described in Exhibit B, "Fresno County Department of Behavioral Health Guiding Principles of Care Delivery", attached hereto and by this reference incorporated herein and made part of this Agreement. /// Agreement No. 21-352 7th September 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.T ERM The Agreement shall become effective upon execution and shall terminate on the 30th of June, 2024. 3.T ERMINATION 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 thirty (30) days advance written notice. 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. 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 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 upon thirty (30) days advance written notice of an intention to terminate the Agreement. COUNTY’s DBH Director, or designee, is authorized to execute such written notice on behalf of COUNTY. 4.COMPENSATION For actual services provided as identified in the terms and conditions of this Agreement, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with Exhibit C, “Budget Summary,” attached hereto and by this reference incorporated herein. Payment shall be made upon certification or other proof satisfactory to COUNTY’s DBH that services have actually been performed by CONTRACTOR as specified in this Agreement. The maximum amount payable to CONTRACTOR for the period effective upon execution through June 30, 2022 shall not exceed Two Hundred Fifty-Five Thousand and No/100 Dollars ($255,000.00). The maximum amount payable to CONTRACTOR for the period effective July 1, 2022 through June 30, 2023 shall not exceed Two Hundred Fifty-Five Thousand and No/100 Dollars ($255,000.00). The maximum amount payable to CONTRACTOR for the period effective July 1, 2023 through June 30, 2024 shall not exceed Two Hundred Fifty-Five Thousand and No/100 Dollars ($255,000.00). In no event shall services performed under this Agreement be in excess of Seven Hundred Sixty-Five Thousand, and No/100 Dollars ($765,000.00). It is understood that all expenses incidental to CONTRACTOR’s performance of services under this Agreement shall be borne by CONTRACTOR. Except as provided below regarding State payment delays, payments shall be made by COUNTY to CONTRACTOR in arrears, for services provided during the preceding month, within forty-five (45)days after the date of receipt, verification, and approval of CONTRACTOR’s invoices by COUNTY’s DBH. If CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation. All final invoices shall be submitted by CONTRACTOR within sixty (60) days following the final month of service for which payment is claimed. No action shall be taken by COUNTY on claims submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. The services provided by CONTRACTOR under this Agreement are funded in whole or in part by the State of California. In the event that funding for these services is delayed by the State 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment shall not exceed the amount of funding delayed by the State Controller to 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. 5.INVOICING CONTRACTOR shall invoice COUNTY in arrears by the tenth (10th) day of each month for actual expenses incurred and services rendered in the previous month electronically to dbh-invoices@fresnocountyca.gov, with a carbon copy email to the assigned COUNTY’s DBH Staff Analyst. CONTRACTOR shall submit to the COUNTY by the tenth (10th) of each month a detailed general ledger (GL), itemizing costs incurred in the previous month. Failure to submit GL reports and supporting documentation shall be deemed sufficient cause for COUNTY to withhold payments until there is compliance, as further described in Section Five (5) herein. Supporting documentation shall include but is not limited to receipts, invoices received, and documented administrative / overhead costs. No reimbursement for services shall be made until invoices, reports and outcomes are received, reviewed and approved by COUNTY’s DBH. Support documents will be made available upon request. At the discretion of COUNTY’s DBH Director or designee, 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 notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a period of ninety (90)days after notification of an incorrect or improper invoice. If after the ninety (90) day period, the invoice(s) is still not corrected to COUNTY’s DBH satisfaction, COUNTY’s DBH Director or designee may elect to terminate this Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the discretion of COUNTY’s DBH Director or designee, COUNTY’s DBH shall have the right to deny payment of any additional invoices received. CONTRACTOR must maintain such financial records for a period of three (3) years or until any dispute, audit or inspection is resolved, whichever is later. CONTRACTOR will be responsible for 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any disallowances related to inadequate documentation. CONTRACTOR shall provide a monthly activity report with each invoice, further described in Section Thirteen (13). In addition, each monthly invoice will be in the format as identified in Exhibit C, showing each budget line item, expenses incurred, and the balance remaining for each budget line item for all services and items as identified in Exhibit C. CONTRACTOR shall submit monthly staff reports that identify all direct services and support staff, applicable licensure/certifications, and full time hours worked to be used as a tracking tool to determine if CONTRACTOR’s program is staffed according to the services provided under this Agreement. CONTRACTOR must attend COUNTY DBH’s Business Office trainings on equipment reporting for assets, intangible and sensitive minor assets, when offered. 6.INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of CONTRACTOR’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 no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR 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 shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees, including compliance with Social Security, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to COUNTY or to this Agreement. 7.MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. Changes to expense category (i.e., Salary & Benefits, Client Support, Facilities/Equipment, Operating Expenses, Administrative Expenses, Special Expenses, Fixed Assets, etc.) subtotals in the budgets, and changes to the volume of units of services/types of service units to be provided as set forth in Exhibit C, that do not exceed 10% of the maximum compensation payable to the CONTRACTOR may be made with the written approval of COUNTY’s DBH Director, or designee. Said modifications shall not result in any change to the annual maximum compensation amount payable to CONTRACTOR, as stated in this Agreement. 8.NON-ASSIGNMENT Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 9.HOLD HARMLESS CONTRACTOR 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, its officers, agents or employees of covenants and duties 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, their officers, agents or employees of covenants and duties under this Agreement. CONTRACTOR agrees to indemnify COUNTY for Federal and/or State of California audit exceptions resulting from noncompliance herein on the part of the CONTRACTOR. /// 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.INSURANCE Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, 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) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B.Automobile Liability Comprehensive Automobile Liability Insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage. Coverage should include any automobile used in connection with this Agreement. C.Professional Liability If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N., L.C.S.W., L.M.F.T., etc.) 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 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. D Property Insurance CONTRACTOR 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 COUNTY purchase and owned property, at a minimum, as discussed in Section Twenty (20) of this Agreement. All Risk Property Insurance As applicable, CONTRACTOR will provide property coverage for the full replacement value of the COUNTY’s personal property in possession of CONTRACTOR 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.Worker’s Compensation A policy of Worker's Compensation Insurance as may be required by the California Labor Code. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. Molestation CONTRACTOR shall have either separate policy or an umbrella policy with endorsements covering sexual abuse/molestation coverage or have a specific endorsement on their General Commercial liability policy covering sexual abuse/molestation. The policy limits for this policy shall be One Million Dollars ($1,000,000) per occurrence with a Two Million Dollars ($2,000,000) annual aggregate. The policy shall be on a per occurrence basis. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR’s policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. Within thirty (30) days from the date each CONTRACTOR signs this Agreement, said CONTRACTOR 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, 1925 E. Dakota Ave, Fresno, California, 93726, Attention: Public Behavioral Health 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 for such worker’s compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. In the event CONTRACTOR 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 VII or better. 11.LICENSES/CERTIFICATES Throughout each term of this Agreement, CONTRACTOR and CONTRACTOR’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, County of Fresno, and any other applicable governmental agencies. CONTRACTOR shall notify COUNTY immediately in writing of its inability to obtain or maintain such licenses, permits, approvals, certificates, waivers and exemptions irrespective of pendency of any appeal related thereto. Additionally, CONTRACTOR and CONTRACTOR’s staff shall comply with all applicable laws, rules or regulations, as may now exist or be hereafter changed. 12.RECORDS Financial, statistical and demographic data shall be kept, and reports made as required by the County’s Department of Behavioral Health Director and State. COUNTY shall be allowed to review all records of services provided, including the goals and objectives of services, and how the services provided is achieving the goals and objectives. All such records shall be available for inspection by the designated Auditors of COUNTY or State at reasonable times during normal business hours. All such records shall be maintained through the end of this Agreement. All records shall be considered property of COUNTY and shall be retained by COUNTY at the termination or expiration of this Agreement. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13.REPORTS A.Outcomes Reports CONTRACTOR 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.Activity Reports CONTRACTOR shall submit to County’s DBH by the 10th of each month all monthly activity and budget reports for the preceding month. C.Quarterly Progress Reports CONTRACTOR shall complete Quarterly Progress Reports in the form set forth in Exhibit A, attached hereto and by this reference incorporated herein and made part of this Agreement. Quarterly reports shall be submitted to COUNTY’s DBH Contracts Division for review within thirty (30) days of the end of each quarter D.MHSA INN CONTRACTOR shall submit to the County’s DBH MHSA INN reports and participate in evaluation activities as described in Exhibit A. E.Additional Reports CONTRACTOR 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 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 shall provide written notification and explanation to COUNTY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 14.MONITORING CONTRACTOR agrees to extend to COUNTY’s staff, COUNTY’s DBH Director and the State Department of Mental Health, or their designees, the right to review and monitor records, program or procedures, at any time, in regard to clients, as well as the overall operation of CONTRACTOR’s 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 program, in order to ensure compliance with the terms and conditions of this Agreement. 15.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. 16.COMPLIANCE WITH STATE REQUIREMENTS CONTRACTOR recognizes that COUNTY operates its mental health programs under an agreement with the State Department of Health Care Services, and that under said agreement the State imposes certain requirements on COUNTY and its subcontractors. CONTRACTOR shall adhere to all State requirements, including those identified in Exhibit D, “State Mental Health Requirements”, attached hereto and by this reference incorporated herein and made part of this Agreement. CONTRACTOR shall also file an incident report for all incidents involving clients, following the Protocol and using the Worksheet identified in Exhibit E, Incident Reporting, attached hereto and by this reference incorporated herein and made part of this Agreement or a protocol and worksheet presented by CONTRACTOR that is accepted by COUNTY’s DBH Director or designee. 17.CONFIDENTIALITY All services performed by CONTRACTOR under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 18.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT COUNTY and CONTRACTOR each consider and represent themselves as covered entities as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, Public Law 104-191(HIPAA) and agree to use and disclose protected health information as required by law. COUNTY and CONTRACTOR acknowledge that the exchange of protected health information between them is only for treatment, payment, and health care operations. COUNTY and CONTRACTOR intend to protect the privacy and provide for the security of Protected Health Information (PHI) pursuant to the Agreement in compliance with HIPAA, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (HITECH), and 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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). 19.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 by the COUNTY, including but not limited to the following: 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 his or her 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. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. COUNTY-Owned Computer Equipment CONTRACTOR may not use COUNTY computers or computer peripherals on non- COUNTY premises without prior authorization from the COUNTY’s Chief Information Officer, and/or his or her designee(s). D. CONTRACTOR 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 shall be responsible to employ strict controls to ensure the integrity and security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or disclosure of data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally and externally. F.Confidential client information transmitted to one party by the other by means of electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized. G.CONTRACTOR 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 response to all incidents arising from a possible breach of security related to COUNTY’s confidential client information provided to CONTRACTOR. CONTRACTOR 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 will be responsible for all costs incurred as a result of providing the required notification. 20.PROPERTY OF COUNTY A.COUNTY and CONTRACTOR 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 year. Depreciation of the qualified items will be on a straight-line basis. For COUNTY purposes, fixed assets must fulfill three qualifications: 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1)Asset must have life span of over one year 2)The asset is not a repair part 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 •be tangible $5,000 o equipment o vehicles •or intangible asset $100,000 o Internally generated software o Purchased software o Easements o Patents •capital lease equipment $5,000 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'', attached hereto as Exhibit F and by this reference incorporated herein, 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 fixed assets may be inventoried in comparison to COUNTY's DBH Asset Inventory System. B.Certain purchases less than Five Thousand and No/100 Dollars ($5,000.00) with over one-year life span and are mobile and high risk of theft or loss a1·e sensitive assets. Such sensitive items 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 that 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 agrees to participate in an annual inventory of all COUNTY fixed and inventoried assets. Upon termination or expiration of this 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement CONTRACTOR shall be physically present when fixed and inventoried assets are returned to COUNTY possession. CONTRACTOR 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 further agrees to the following: 1)To maintain all items of equipment in good working order and condition, normal wear and tear is expected; 2)To label all items of equipment 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 being used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to COUNTY within ten (10) days of any request; therefore, and 3)To report in writing to COUNTY immediately after discovery, the lost or theft of any items of equipment. For stolen items, the local law enforcement agency must be contacted, and a copy of the police report submitted to COUNTY. D.The purchase of any equipment by CONTRACTOR with funds provided hereunder shall require the prior written approval of COUNTY's DBH, shall fulfill the provisions of this Agreement as appropriate, and must be directly related to CONTRACTOR'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, if prior written approval has not been obtained from COUNTY. E.CONTRACTOR must obtain prior written approval from 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 for a use which does not qualify under this Agreement, CONTRACTOR shall reimburse COUNTY in an amount equal 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the current fair market value of the property, less any portion thereof attributable to expenditures of funds not provided under this Agreement. These requirements shall continue in effect for the life of the property. In the event this Agreement expires, or terminates, 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 21.NON-DISCRIMINATION During the performance of this Agreement, CONTRACTOR and its subcontractors shall not deny the contract’s benefits to any person on the basis 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 and veteran status, nor shall they discriminate unlawfully 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. CONTRACTOR shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12800 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105). CONTRACTOR shall include the Non-Discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22.CULTURAL COMPETENCY 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 consumers, including, but not limited to, assessing the cultural and linguistic needs of its consumers, training of staff on the policies and procedures, and monitoring its language assistance program. The CONTRACTOR's procedures must include ensuring compliance of any sub-contracted providers with these requirements. C.CONTRACTOR shall not use minors as interpreters. D.CONTRACTOR shall provide and pay for interpreting and translation services to persons participating in CONTRACTOR’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. Interpreter and translation services, including translation of CONTRACTOR's "vital documents" (those documents that contain information that is critical for accessing CONTRACTOR's services or are required by law) shall be provided to participants at no cost to the participant. CONTRACTOR 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 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 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY for approval, within 60 days from date of contract execution, CONTRACTOR’s plan to address all fifteen national cultural competency standards as set forth in the “National Standards on Culturally and Linguistically Appropriate Services (CLAS).” (http://minorityhealth.hhs.gov/assets/pdf/checked/finalreport.pdf). COUNTY's annual on-site review of CONTRACTOR shall include collection of documentation to ensure all national standards are implemented. As the national competency standards are updated, CONTRACTOR's plan must be updated accordingly. 23.AMERICANS WITH DISABILITIES ACT CONTRACTOR agrees to ensure that deliverables developed and produced, pursuant to this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C § 794 (d)), and regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. California Government Code section 11135 codifies section 508 of the Act requiring accessibility of electronic and information technology. 24.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 shall make available, upon request to 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 under this Agreement. CONTRACTOR further agrees that in the event CONTRACTOR 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) 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 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 organizations shall make available, upon written request to 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. 25.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. In addition, no employee of COUNTY shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY. CONTRACTOR shall also comply with all Federal, State of California, and local conflict of interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee of COUNTY. 26.SINGLE AUDIT CLAUSE A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars and No/100 Dollars ($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR 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) 2 CFR 200. CONTRACTOR 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 must include a corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to correct any material non- compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY’s 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. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR. B.A single audit report is not applicable if CONTRACTOR’s Federal contracts do not 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exceed the Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) requirement or CONTRACTOR’s only funding is through Drug-related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR’s solvency. Said audit report 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 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 at COUNTY’s cost, as determined by COUNTY’s Auditor-Controller/Treasurer-Tax Collector. C. CONTRACTOR 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. 27.ASSURANCES In entering into this Agreement, CONTRACTOR certifies that it is not currently excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health Care Programs: that it has not been convicted of a criminal offense related to the provision of health care items or services; nor has it been reinstated to participation in the Federal Health Care Programs after a period of exclusion, suspension, debarment, or ineligibility. If COUNTY learns, subsequent to entering into a contract, that CONTRACTOR is ineligible on these grounds, COUNTY will remove CONTRACTOR from responsibility for, or involvement with, COUNTY’s business operations related to the Federal Health Care Programs and shall remove such CONTRACTOR from any position in which CONTRACTOR’s compensation, or the items or services rendered, ordered or prescribed by CONTRACTOR may be paid in whole or part, directly or indirectly, by Federal Health Care Programs or otherwise with Federal Funds at least until such 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 time as CONTRACTOR is reinstated into participation in the Federal Health Care Programs. A.If COUNTY has notice that CONTRACTOR has been charged with a criminal offense related to any Federal Health Care Program, or is proposed for exclusion during the term of any contract, CONTRACTOR 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 cease providing services until resolution of the charges or the proposed exclusion. B.CONTRACTOR 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 a criminal offense related to the provision of health care items or services; and or (3) they have been reinstated to participation in the Federal Health Care Programs after a period of exclusion, suspension, debarment, or ineligibility. 1)In the event the potential employee or subcontractor informs CONTRACTOR 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, 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 Two (2) of this Agreement, or require adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible employee or subcontractor of CONTRACTOR will perform work, either directly or indirectly, relating to services provided to COUNTY. Such demand for adequate assurance shall be effective upon a timeframe to be determined by COUNTY to protect the interests of COUNTY consumers. C. CONTRACTOR shall verify (by asking the applicable employees and subcontractors) that all current employees and existing subcontractors who, in each case, are expected to perform professional services under this Agreement (1) are not currently excluded, suspended, 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2) have not been convicted of a criminal offense related to the provision of health care items or services; and (3) have not been reinstated to participation in the Federal Health Care Program after a period of exclusion, suspension, debarment, or ineligibility. In the event any existing employee or subcontractor informs CONTRACTOR that he or she is excluded, suspended, debarred or otherwise ineligible to participate in the Federal Health Care Programs, or has been convicted of a criminal offense relating to the provision of health care services, CONTRACTOR will ensure that said employee or subcontractor does no work, either direct or indirect, relating to services provided to COUNTY. 1)CONTRACTOR 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 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) of this Agreement, or require adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible employee or subcontractor of CONTRACTOR will perform work, either directly or indirectly, relating to services provided to COUNTY. Such demand for adequate assurance shall be effective upon a timeframe to be determined by COUNTY to protect the interests of COUNTY clients. D. CONTRACTOR 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 compliance with the provisions of this Section. E.CONTRACTOR agrees to reimburse COUNTY for the entire cost of any penalty imposed upon COUNTY by the Federal Government as a result of CONTRACTOR’s violation of CONTRACTOR’s obligations as described in this Section. 28.PUBLIC PROHIBITION None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for CONTRACTOR’s advertising, fundraising, or publicity (i.e., purchasing of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, publicity of the services described in Section One (1) 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 his or her designee, and at a cost to be provided in Exhibit C for such items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s). 29.COMPLAINTS CONTRACTOR shall log complaints and the disposition of all complaints from clients and clients’ families. CONTRACTOR 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 shall provide details and attach documentation of each complaint with the log. CONTRACTOR shall post signs informing clients of their right to file a complaint or grievance. CONTRACTOR 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 shall provide COUNTY with information relevant to the complaint, investigative details of the complaint, the complaint and CONTRACTOR’s disposition of, or corrective action taken to resolve the complaint. In addition, CONTRACTOR shall inform every client of their rights as set forth in Exhibit G, Grievances. CONTRACTOR shall file an incident report for all incidents involving clients, following the protocol and using the worksheet identified in Exhibit E and incorporated herein by reference and made part of this Agreement. 30.DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION This provision is only applicable if CONTRACTOR 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 by completing Exhibit H, “Disclosure of 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ownership and Control Interest Statement”, attached hereto and by this reference incorporated herein and made part of this Agreement. CONTRACTOR shall submit this form to COUNTY’s DBH within thirty (30)days of the effective date of this Agreement. Additionally, CONTRACTOR shall report any changes to this information within thirty-five (35) days of occurrence by completing Exhibit H. CONTRACTOR is required to submit a set of fingerprints for any person with a five (5) percent or greater direct or indirect ownership interest in CONTRACTOR. COUNTY may terminate this Agreement where any person with a five (5) percent or greater direct or indirect ownership interest in the CONTRACTOR did not submit timely and accurate information and cooperate with any screening method required in CFR, Title 42, Section 455.416. Submissions shall be scanned portable document format (pdf) copies and are to be sent via email to DBHAdministration@fresnocountyca.gov, Attention: Contracts Administration. COUNTY may deny enrollment or terminate this Agreement where any person with a five (5) percent or greater direct or indirect ownership interest in CONTRACTOR has been convicted of a criminal offense related to that person’s involvement with the Medicare, Medicaid, or Title XXI program in the last ten (10) years. 31.DISCLOSURE – CRIMINAL HISTORY AND CIVIL ACTIONS CONTRACTOR is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as “CONTRACTOR”): A.Within the three (3) year period preceding the Agreement award, they have been convicted of, or had a civil judgment rendered against them for: 1)Fraud or a 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 4)False statements or receipt of stolen property. B.Within a three (3) year period preceding their Agreement award, they have had a public transaction (federal, state, or local) terminated for cause or default. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Disclosure of the above information will not automatically eliminate CONTRACTOR from further business consideration. The information will be considered as part of the determination of whether to continue and/or renew the Agreement and any additional information or explanation that a CONTRACTOR elects to submit with the disclosed information will be considered. If it is later determined that the CONTRACTOR failed to disclose required information, any contract awarded to such CONTRACTOR may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. CONTRACTOR 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 and made part of this Agreement. Additionally, CONTRACTOR must immediately advise the COUNTY in writing if, during the term of this 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.epls.gov); or (2) any of the above listed conditions become applicable to CONTRACTOR. CONTRACTOR 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 Responsibility Matters. 32.DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the CONTRACTOR is operating as a corporation (a for- profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. 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 incorporated herein by reference and made part of this Agreement, and submitting it to the COUNTY prior to commencing with 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the self-dealing transaction or immediately thereafter. 33.COMPLIANCE CONTRACTOR agrees to comply with the COUNTY’s Contractor Code of Conduct and Ethics and the COUNTY’s Compliance Program in accordance with Exhibit K, attached hereto and incorporated herein by reference and made part of this Agreement. Within thirty (30) days of entering into this Agreement with the COUNTY, CONTRACTOR shall have all of the CONTRACTOR’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 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 understands that the promotion of and adherence to the Code of Conduct is an element in evaluation the performance of CONTRACTOR and its employees, agents and subcontractors. Within thirty (30) days of entering into this Agreement, and annually thereafter, all employees, agents, 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 30 days of hire. Each individual who is 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 1925 E. Dakota Ave., Fresno, California 93726. CONTRACTOR agrees to reimburse COUNTY for the entire cost of any penalty imposed upon COUNTY by the Federal Government as a result of CONTRACTOR’s violation of the terms of this Agreement. 34.AUDITS AND INSPECTIONS CONTRACTOR shall at any time during business hours, and as often as COUNTY may deem necessary, make available to COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the State of California Auditor General for a period of three (3) years after final payment under contract (California Government Code section 8546.7). 35.NOTICES The persons having authority to give and receive notices under this Agreement and their addresses include the following: COUNTY CONTRACTOR Director, County of Fresno Kings View Department of Behavioral Health Cc to: Amanda Nugent Divine, CEO 1925 E. Dakota Ave 7170 N. Financial Dr. Ste 110 Fresno, CA 93726 Fresno, CA 93720 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three (3) COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one (1) COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this Section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with Section 810). /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36.ELECTRONIC SIGNATURE The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 37.SEVERABILITY If any non-material term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect, and shall in no way be affected, impaired or invalidated. 38.GOVERNING LAW Venue for any action arising out of or related to the 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. 39.ENTIRE AGREEMENT This Agreement, including all Exhibits, constitutes the entire Agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// II Do cu S ig n Envelope ID : 5DAC3 2 FB-FB33-407B-BF88-F9C17D363489 1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kings View : ~Docu Slgne d by : A~N~~~ Ae4F6 I 7F13! 1465 ... (Authorized Signature) Amanda Nugent Divine , CEO Print Name & Title 7170 N. Financial Dr. Suite 11 O Fresno , CA 93720 Mailing Address COUNTzt+r: Steve ~ Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Se idel Clerk of the Board of Supervisors County of Fresno , State of California r-:Do cuS lg ned by : ___ L,.._-m-i'!79'9!~!frl:5B11-fj:El~4B~6~e-t481!:~:::-... ---------By: __ ....,d\ __ ..... ~~=~'---~=-D-"e-=+-"u.,' ,__ _____ _ (Authorized ~ignature) ~ Michael Kosareff Print Name Chief Financial Officer Title : Secretary (of Corporation), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer FOR ACCOUNTING USE ONLY: Fund: Subclass : ORG: Account: 0001 10000 56304796 7295/0 30 Exhibit A - Page 1 of 5 SUMMARY OF SERVICES ORGANIZATION: Kings View SERVICE: Suicide Prevention Follow-Up Call Program OFFICE ADDRESS: 7170 N. Financial Drive. Ste 110 Fresno, CA 93720 OFFICE TELEPHONE: (559) 256-4475 ext. 4004 CONTACT(S): Virginia Sparks, Regional Mental Health Director David Lopez, Program Manager CONTRACT PERIOD: Effective Upon Execution – June 30, 2024 AMOUNT: Effective Upon Execution – June 30, 2022: $255,000 FY 22-23: $ 255,000 FY 23-24: $ 255,000 Total: $ 765,000 A.SUMMARY OF SERVICES CONTRACTOR shall provide follow up call services to individuals who have called the lifeline in crisis with suicidal ideation, or persons who have recently been released from the emergency department, crisis stabilization center or inpatient care for suicide ideation and/or attempt. Due to the increased risk during the initial 30 days after a suicidal crisis or attempt, the Follow-Up Call Program will contact the individual served to provide them support, resources and recommendations to services. The Suicide Prevention Follow-Up Call Program seeks to provide real-time insight to possible external factors impacting persons with suicidal ideation and increase linkages to appropriate behavioral health services for this high-risk population with suicidal ideation and/or suicide attempts. Exhibit A - Page 2 of 5 B.CONTRACTOR RESPONSIBILITIES CONTRACTOR shall perform the activities below. 1)Services a.Make follow-up contacts beginning 24-48 hours after initial follow-up referral form is received from hospitals or crisis stabilization center. b.Notify individual served in the initial contact that participation in the Follow- Up Call Program is voluntary and they can request to stop follow-up services at any time. c.Attempt to call the individual served a minimum of five times via phone call over a 3-day time period at various times of day, prior to closing referral. d.Follow up a minimum of two times after initial phone contact within 15-30 days depending on the needs and requests of the individual served. e.Calls should be structured and focus on continued assessment of risk, protective factors and a review of the safety plan. Possible revisions, if necessary, should be conducted. f.Follow-Up Call Counselors will assess the well-being of the individual served and assess the risk of suicide utilizing the Columbia Suicide Severity Rating Scale (CSSR-S). i.Follow-Up Counselor shall inquire about: 1.The individual’s mood 2.How the individual is feeling 3.Does the individual feel safe 4.Actions being taken to keep the individual safe g.Research and identify the individual served’s linkage to services identified in their safety/discharge plan and appointments. h.Offer additional services and resources, as needed or requested, and remind the individual served about the National Suicide Prevention Lifeline i.Counselors shall work with the individual served in problem solving of obstacles and barriers to obtaining treatment and encourage and support them in attending their first appointment. j.Provide follow-up services to the individual served up to 60 days or their first appointment (if after the 60 days), or longer if requested by the individual served. k.Follow-up on the same individual served if they reenter the program based upon subsequent crisis calls. l.Assist in creating a safety plan for the individual served if they did not create one at discharge or those who were never in a hospital or crisis stabilization center. If safety plan is created upon discharge, CONTRACTOR can assist the individual served in modifying their plan, if needed. m.Calls shall be structured but individualized to the individual’s needs and requests. Exhibit A - Page 3 of 5 n.After each call, the CONTRACTOR shall rate and record the individual’s suicidality score based off the CSSR-S score between 1 and 5 (1 being the lowest and 5 being the highest). i.If the score is high (4 or 5), CONTRACTOR shall assess for immediate safety and provide intervention if necessary, per Central Valley Suicide Prevention Hotline procedures. ii.If the score is lower (1-3), CONTRACTOR shall explore what helped the individual served achieve this lowered score. They will work together to identify and reinforce the successful coping skills or activities they utilized. o.Create a profile for each individual served as the referral is received. p.Provide basic and limited clinical support, if needed. q.Provide appointment reminders for individuals served and discuss and problem solve the barriers to attending their first appointment. r.Document all call attempts, along with time and date, in the profile for the individual served. This includes: i.Successful and unsuccessful calls ii.Narrative of the call iii.Protective factors identified iv.Problem solving actions v.Current risk assessment vi.Emergency dispatch, if applicable 2)Data Collection a.CONTRACTOR shall collect data including, but not limited to: i.Demographic information to meet Mental Health Services Act Innovation requirements 1.Age Group 2.Race 3.Ethnicity 4.Primary Language 5.Sexual Orientation 6.Disability 7.Veteran Status 8.Current Gender Identity 9.Gender Assigned at Birth ii.Number of referrals for follow-up iii.Number of follow-ups agreed to and initiated iv.Number of refusals for follow-up v.Number of individuals served who are being contacted after two or more crisis stabilization discharge events vi.Time it takes for an individual served to access services vii.Information about the initial crisis event Exhibit A - Page 4 of 5 viii.Elements relevant to real-time insight to external factors impacting an individual’s crisis and/or suicidal ideation or attempt. ix.During the receipt of follow-up services, was the individual served admitted to a hospital or inpatient setting, and/or did they attempt suicide x.Identify whether the individual accessed referral services and linkages 1.For Medi-Cal individuals, verify in Avatar 2.For non Medi-Cal individuals, self-reporting will be sufficient xi.Satisfaction of the Follow-Up Call Program b.Data shall be compared to national data for similar follow-up programs. 3)Written Reports a.CONTRACTOR shall work with evaluator to prepare an evaluation report annually and submit to the COUNTY’s DBH. Each annual evaluation report will comply with all State regulations regarding State Performance Outcomes measurement requirements, including MHSA Innovations regulations, and participate in the outcomes measurement process as required by DBH. b.Additional reports/outcomes may also be requested by the COUNTY’s Department of Behavioral Health, based on State required reports/outcomes, as needed. 4)Provide Assistance in Communication of Findings a.CONTRACTOR shall work with and assist DBH with communicating the produced research findings to stakeholders, public, and social media. b.CONTRACTOR shall assist DBH in presentations of the program and its findings. 5)Compliance with County a.CONTRACTOR shall comply with all contract monitoring and compliance protocols, procedures, data collection methods, trainings and reporting requirements conducted by the COUNTY. b.CONTRACTOR, or CONTRACTOR’s staff, shall participate in meetings to discuss the program, contract issues or data findings when requested by DBH or CONTRACTOR. DBH shall coordinate the meetings. C.COUNTY RESPONSIBILITIES County shall: 1)Participate in monthly meetings with CONTRACTOR to discuss program, contractual issues, and/or findings. Meetings frequency may be changed after the first year of implementation. DBH will be responsible for coordination of these meetings. Exhibit A - Page 5 of 5 2)Participate in evaluation of the progress of the overall program and the efficiency of the collaboration with CONTRACTOR and will be available to CONTRACTOR for ongoing consultation. 3)Gather outcome information from CONTRACTOR throughout each term of this Agreement. COUNTY DBH staff shall notify the CONTRACTOR when its participation is required. 4)DBH shall include CONTRACTOR in DBH trainings that are relevant to the services as described in this Agreement, if there is sufficient space available, at no cost. Guiding Principles of Care Delivery 1 rev 2017 Dec DBH VISION: Health and well-being for our community. DBH MISSION: The Department of Behavioral Health is dedicated to supporting the wellness of individuals, families and communities in Fresno County who are affected by, or are at risk of, mental illness and/or substance use disorders through cultivation of strengths toward promoting recovery in the least restrictive environment. DBH GOALS: Quadruple Aim •Deliver quality care •Maximize resources while focusing on efficiency •Provide an excellent care experience •Promote workforce well-being GUIDING PRINCIPLES OF CARE DELIVERY: The DBH 11 principles of care delivery define and guide a system that strives for excellence in the provision of behavioral health services where the values of wellness, resiliency, and recovery are central to the development of programs, services, and workforce. The principles provide the clinical framework that influences decision-making on all aspects of care delivery including program design and implementation, service delivery, training of the workforce, allocation of resources, and measurement of outcomes. 1.Principle One - Timely Access & Integrated Services o Individuals and families are connected with services in a manner that is streamlined, effective, and seamless o Collaborative care coordination occurs across agencies, plans for care are integrated, and whole person care considers all life domains such as health, education, employment, housing, and spirituality o Barriers to access and treatment are identified and addressed o Excellent customer service ensures individuals and families are transitioned from one point of care to another without disruption of care Exhibit B - Page 1 of 4 Fresno County Department of Behavioral Health Guiding Principles of Care Delivery 2 rev 2017 Dec 2.Principle Two - Strengths-based o Positive change occurs within the context of genuine trusting relationships o Individuals, families, and communities are resourceful and resilient in the way they solve problems o Hope and optimism is created through identification of, and focus on, the unique abilities of individuals and families 3.Principle Three - Person-driven and Family-driven o Self-determination and self-direction are the foundations for recovery o Individuals and families optimize their autonomy and independence by leading the process, including the identification of strengths, needs, and preferences o Providers contribute clinical expertise, provide options, and support individuals and families in informed decision making, developing goals and objectives, and identifying pathways to recovery o Individuals and families partner with their provider in determining the services and supports that would be most effective and helpful and they exercise choice in the services and supports they receive 4.Principle Four - Inclusive of Natural Supports o The person served identifies and defines family and other natural supports to be included in care o Individuals and families speak for themselves o Natural support systems are vital to successful recovery and the maintaining of ongoing wellness; these supports include personal associations and relationships typically developed in the community that enhance a person’s quality of life o Providers assist individuals and families in developing and utilizing natural supports. 5.Principle Five - Clinical Significance and Evidence Based Practices (EBP) o Services are effective, resulting in a noticeable change in daily life that is measurable. o Clinical practice is informed by best available research evidence, best clinical expertise, and client values and preferences o Other clinically significant interventions such as innovative, promising, and emerging practices are embraced Exhibit B - Page 2 of 4 Fresno County Department of Behavioral Health Guiding Principles of Care Delivery 3 rev 2017 Dec 6.Principle Six - Culturally Responsive o Values, traditions, and beliefs specific to an individual’s or family’s culture(s) are valued and referenced in the path of wellness, resilience, and recovery o Services are culturally grounded, congruent, and personalized to reflect the unique cultural experience of each individual and family o Providers exhibit the highest level of cultural humility and sensitivity to the self- identified culture(s) of the person or family served in striving to achieve the greatest competency in care delivery 7.Principle Seven - Trauma-informed and Trauma-responsive o The widespread impacts of all types of trauma are recognized and the various potential paths for recovery from trauma are understood o Signs and symptoms of trauma in individuals, families, staff, and others are recognized and persons receive trauma-informed responses o Physical, psychological and emotional safety for individuals, families, and providers is emphasized 8.Principle Eight - Co-occurring Capable o Services are reflective of whole-person care; providers understand the influence of bio-psycho-social factors and the interactions between physical health, mental health, and substance use disorders o Treatment of substance use disorders and mental health disorders are integrated; a provider or team may deliver treatment for mental health and substance use disorders at the same time 9.Principle Nine - Stages of Change, Motivation, and Harm Reduction o Interventions are motivation-based and adapted to the client’s stage of change o Progression though stages of change are supported through positive working relationships and alliances that are motivating o Providers support individuals and families to develop strategies aimed at reducing negative outcomes of substance misuse though a harm reduction approach o Each individual defines their own recovery and recovers at their own pace when provided with sufficient time and support Exhibit B - Page 3 of 4 Fresno County Department of Behavioral Health Guiding Principles of Care Delivery 4 rev 2017 Dec 10.Principle Ten - Continuous Quality Improvement and Outcomes-Driven o Individual and program outcomes are collected and evaluated for quality and efficacy o Strategies are implemented to achieve a system of continuous quality improvement and improved performance outcomes o Providers participate in ongoing professional development activities needed for proficiency in practice and implementation of treatment models 11.Principle Eleven - Health and Wellness Promotion, Illness and Harm Prevention, and Stigma Reduction o The rights of all people are respected o Behavioral health is recognized as integral to individual and community well-being o Promotion of health and wellness is interwoven throughout all aspects of DBH services o Specific strategies to prevent illness and harm are implemented at the individual, family, program, and community levels o Stigma is actively reduced by promoting awareness, accountability, and positive change in attitudes, beliefs, practices, and policies within all systems o The vision of health and well-being for our community is continually addressed through collaborations between providers, individuals, families, and community members Exhibit B - Page 4 of 4 Fresno County Department of Behavioral Health Exhibit C Page 1 of 12 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.01 790$ -$ 790$ 1102 Executive Director Assistant 0.01 252 - 252 1103 Regional Director 0.01 1,297 - 1,297 1104 Program Manager 0.05 5,499 5,499 1105 Counselor 2.50 - 140,400 140,400 Personnel Salaries Subtotal 2.57 2,339$ 145,899$ 148,238$ Employee Benefits Acct #Admin Direct Total 1101 37$ 2,261$ 2,298$ 1102 59 3,647 3,706 1103 318 19,842 20,160 414$ 25,750$ 26,164$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1201 -$ -$ -$ 1202 179 11,161 11,340 1203 40 2,480 2,520 219$ 13,641$ 13,860$ 2,972$ 185,290$ 188,262$ 3000: OPERATING EXPENSES Acct #Amount 3001 4,265$ 3002 670 3003 924 3004 - 3005 1,500 3006 1,000 3007 - 3008 - 3009 500 8,859$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 3,330$ 4002 7,800 4003 700 4004 - 4005 - 4006 1,800 13,630$ SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Kings View Corporation Effective Upon Execution - June 30, 2022 Description Payroll Taxes & Expenses Subtotal: Line Item Description Line Item Description EMPLOYEE SALARIES & BENEFITS TOTAL: Advertising Rent/Lease Building Building Maintenance PROGRAM EXPENSES FACILITIES/EQUIPMENT TOTAL: OPERATING EXPENSES TOTAL: Staff Development & Training Vehicle Maintenance Rent/Lease Vehicles Security Utilities Rent/Lease Equipment 1000: SALARIES & BENEFITS Telecommunications Printing/Postage Retirement Worker's Compensation Health Insurance OASDI FICA/MEDICARE SUI Other (Staff Recruitment) Employee Benefits Subtotal: Employee Benefits %: Description Office Supplies & Equipment Staff Mileage Subscriptions & Memberships Exhibit C Page 2 of 12 5000: SPECIAL EXPENSES Acct #Amount 5001 8,637$ 8,637$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 23,182 6002 3,840 6003 - 6004 - 6005 Insurance (Liability):180 27,202$ 7000: FIXED ASSETS Acct #Amount 7001 6,910$ 7002 - 7003 1,500 8,410$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 255,000 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 255,000$ Line Item Description Professional Liability Insurance Accounting/Bookkeeping NET PROGRAM COST: PROGRAM FUNDING SOURCES 255,000$ TOTAL PROGRAM EXPENSES TOTAL PROGRAM FUNDING SOURCES:255,000$ -$ FIXED ASSETS EXPENSES TOTAL ADMINISTRATIVE EXPENSES TOTAL MHSA TOTAL SPECIAL EXPENSES TOTAL: External Audit Line Item Description Suicide Prevention Follow-Up Call Program MHSA Program Name 8300 - MENTAL HEALTH SERVICE ACT (MHSA) Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Administrative Overhead Consultant (Network & Data Management) Furniture & Fixtures Line Item Description Exhibit C Page 3 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 1000: SALARIES & BENEFITS 188,262 Employee Salaries 148,238 1101 Executive Director 790 $6,583/month x 12 months x 0.01 FTE = $790 Position will provide agency specific staff oversight and represent and maintain the collaborative relationship between agencies. 1102 Executive Director Assistant 252 $2,100/month x 12 months x 0.01 FTE = $252 This position will assist Executive Director with staff oversight and representing and maintaining the collaborative relationship between agencies. 1103 Regional Director 1,297 $10,808/month x 12 months x 0.01 FTE = $1,297 Provide program management and direction. Ensures operations are running smoothly and in compliance with contract requirements. 1104 Program Manager 5,499 $9,165/month x 12 months x 0.05 FTE = $5,499 Provides supervision of all staff and direct oversight of program management. Program Manager to provide clinical support to individuals served as needed. 1105 Counselor 140,400 2 Follow-up Counselors at $4,680/mon. x 12 months x 100% FTE = $56,160 1 Follow-up Counselor at $4,680/mon. x 12 months x 50% FTE = $28,080 This position will contact referred clients via telephone to conduct follow up counseling services to support client post suicidal crisis. Provide suicide telephone intervention and counseling if they are in crisis. Conduct safety assessments during each intervention and create or review existing safety plan. The intent is to prevent recidivism, re-hospitalizations, or crisis stabilization via counseling and support. This position will also conduct presentations and trainings to our stakeholder partners of the counties we serve regarding the follow up innovation plan. Employee Benefits 26,164 1101 Retirement 2,298 Cost of 401K @ $148,238 total salaries x 1.55 (%)= $2,298 1102 Worker's Compensation 3,706 Workers Comp Insurance @ $148,238 total salaries x 2.5 (%)= $3,706 1103 Health Insurance 20,160 Cost of Medical, Vision, Dental, Life and Long Term Disability Insurance @ $148,238 total salaries x 13.6 (%)= $20,160 Payroll Taxes & Expenses:13,860 1201 OASDI - 1202 FICA/MEDICARE 11,340 FICA/MEDICARE @ $148,238 total salaries x 7.65 (%) = $11,340 1203 SUI 2,520 Cost of SUI @ $148,238 total salaries x 1.70 (%)= $2,520 3000: OPERATING EXPENSES 8,859 3001 Telecommunications 4,265 Cost of landline telephone services, cell phones service, data connectivity. Estimate at $355.42/month x 12 months $4,265. 3002 Printing/Postage 670 Anticipating courier services and postage necessary for program. Business cards and other special printing services. Estimate at $55.83 a month x 12 months = $670 3003 Office Supplies & Equipment 924 Includes desk supplies & minor equipment used by staff in the course of providing services. Estimates at $77 a month x 12 months = $924 3004 Advertising - 3005 Staff Development & Training 1,500 Cost of continuation of staff development and training. Estimates at $125 a month x 12 months = $1,500 3006 Staff Mileage 1,000 Reimbursements to staff for personal vehicle use require to conduct presentations and trainings to other agencies or other program needs, paid at IRS rate. Any travel transportation fees, such as parking fees. Estimates 148.81 miles monthly x 12 months x .56/mile = $1,000 3007 Subscriptions & Memberships - 3008 Vehicle Maintenance - 3009 Other (Staff Recruitment)500 Thorough background check and drug testing. Kings View Corporation SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Effective Upon Execution - June 30, 2022 Budget Narrative Exhibit C Page 4 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 4000: FACILITIES & EQUIPMENT 13,630 4001 Building Maintenance 3,330 Shared cost of copier maintenance, inspection services, pest control, alarm services, janitorial services, facility supplies, and minor building repairs and maintenance. $277.50/month x 12 months = $3,330 4002 Rent/Lease Building 7,800 Shared cost of building space lease. $650/month x 12 months = $7,800 4003 Rent/Lease Equipment 700 Shared cost of copier leases. $58.33/month x 12 months = $700 4004 Rent/Lease Vehicles - 4005 Security - 4006 Utilities 1,800 Shared cost of gas and electric. $150/month x 12 months = $1,800 5000: SPECIAL EXPENSES 8,637 5001 Consultant (Network & Data Management)8,637 Kings View Information Technology Department (KVIT) will provide hardware and software support for successful data collection. Information services and management consisting of management of internet service provider, network and desktop management, project management, technology procurement, telecommunication management, strategic technology planning, system documentation, application/data hosting, access to data, documents and applications 24/7. After hours support via email and phone 24/7. Estimates at $719.75 per month x 12 months = $8,637 6000: ADMINISTRATIVE EXPENSES 27,202 6001 Administrative Overhead 23,182 Expenses provides corporate management, fiscal services, payroll, human resources, accounts payable and other administrative functions. Administrative Costs are below 15% of direct costs. $27,202 + $2,972= $30,174 $255,000-$30,174= $224,826 $30,174/$224,826= 13% 6002 Professional Liability Insurance 3,840 Cost general and professional liability insurance. $320/month x 12 months = $3,840 6003 Accounting/Bookkeeping - 6004 External Audit - 6005 Insurance (Liability):180 Cost of personal property and accidental insurance. $15/month x 12 months = $180. 7000: FIXED ASSETS 8,410 7001 Computer Equipment & Software 6,910 Anticipating additional computer equipment needed for new staff and or replacement. Duo factor licensing and other computer software necessary to provide services. Estimate $230.33 a month x 12 months x 2.5 FTE = $6,910 7002 Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data - 7003 Furniture & Fixtures 1,500 Anticipating additional furniture cost for new staff and or replacement or shared cost for replacement needs. 2.5 FTE x $600 estimate = $1,500 TOTAL PROGRAM EXPENSE FROM BUDGET NARRATIVE:255,000 TOTAL PROGRAM EXPENSES FROM BUDGET TEMPLATE:255,000 - Exhibit C Page 5 of 12 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.01 813$ -$ 813$ 1102 Executive Director Assistant 0.01 259 - 259 1103 Regional Director 0.01 1,336 - 1,336 1104 Program Manager 0.05 - 5,665 5,665 1105 Counselor 2.50 - 144,612 144,612 Personnel Salaries Subtotal 2.57 2,408$ 150,277$ 152,685$ Employee Benefits Acct #Admin Direct Total 1101 38$ 2,329$ 2,367$ 1102 60 3,757 3,817 1103 327 20,438 20,765 425$ 26,524$ 26,949$ 0.161408952 Payroll Taxes & Expenses: Acct #Admin Direct Total 1201 -$ -$ -$ 1202 184 11,496 11,680 1203 41 2,555 2,596 225$ 14,051$ 14,276$ 3,058$ 190,852$ 193,910$ 3000: OPERATING EXPENSES Acct #Amount 3001 4,350$ 3002 670 3003 975 3004 - 3005 1,500 3006 1,000 3007 - 3008 - 3009 500 8,995$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 3,330$ 4002 7,800 4003 700 4004 - 4005 - 4006 1,800 13,630$ Retirement Worker's Compensation Health Insurance SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Kings View Corporation Fiscal Year (FY 2022-23) PROGRAM EXPENSES 1000: SALARIES & BENEFITS Description Payroll Taxes & Expenses Subtotal: EMPLOYEE SALARIES & BENEFITS TOTAL: Employee Benefits Subtotal: Employee Benefits %: Description OASDI FICA/MEDICARE SUI Telecommunications Printing/Postage Office Supplies & Equipment Advertising Staff Development & Training Staff Mileage Line Item Description OPERATING EXPENSES TOTAL: Line Item Description Building Maintenance Rent/Lease Building Rent/Lease Equipment Rent/Lease Vehicles Subscriptions & Memberships Vehicle Maintenance Other (Staff Recruitment) FACILITIES/EQUIPMENT TOTAL: Security Utilities Exhibit C Page 6 of 12 5000: SPECIAL EXPENSES Acct #Amount 5001 8,637$ 8,637$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 23,182$ 6002 3,840 6003 - 6004 - 6005 Insurance (Liability):180 27,202$ 7000: FIXED ASSETS Acct #Amount 7001 2,126$ 7002 - 7003 500 2,626$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 255,000 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 255,000$ Line Item Description Consultant (Network & Data Management) Administrative Overhead Professional Liability Insurance Accounting/Bookkeeping External Audit SPECIAL EXPENSES TOTAL: Line Item Description Line Item Description Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures ADMINISTRATIVE EXPENSES TOTAL PROGRAM FUNDING SOURCES FIXED ASSETS EXPENSES TOTAL TOTAL PROGRAM EXPENSES 255,000$ 8300 - MENTAL HEALTH SERVICE ACT (MHSA) MHSA Program Name Suicide Prevention Follow-Up Call Program TOTAL PROGRAM FUNDING SOURCES:255,000$ NET PROGRAM COST: -$ MHSA TOTAL Exhibit C Page 7 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 1000: SALARIES & BENEFITS 193,910 Employee Salaries 152,685 1101 Executive Director 813 $6,775/month x 12 months x 0.01 FTE = $813 Position will provide agency specific staff oversight and represent and maintain the collaborative relationship between agencies. 1102 Executive Director Assistant 259 $2,158.33/month x 12 months x 0.01 FTE = $259 This position will assist Executive Director with staff oversight and representing and maintaining the collaborative relationship between agencies. 1103 Regional Director 1,336 $11,133.33/month x 12 months x 0.01 FTE = $1,336 Provide program management and direction. Ensures operations are running smoothly and in compliance with contract requirements. 1104 Program Manager 5,665 $9,441.67/month x 12 months x 0.05 FTE = $5,665 Provides supervision of all staff and direct oversight of program management. Program Manager to provide clinical support to individuals served as needed. 1105 Counselor 144,612 2 Follow-up Counselors at $4,820.40/mon. x 12 months x 100% FTE = $57,844.80; 1 Follow-up Counselor at $4,820.40/mon. x 12 months x 50% FTE = $28,922.40 This position will contact referred clients via telephone to conduct follow up counseling services to support client post suicidal crisis. Provide suicide telephone intervention and counseling if they are in crisis. Conduct safety assessments during each intervention and create or review existing safety plan. The intent is to prevent recidivism, re-hospitalizations, or crisis stabilization via counseling and support. This position will also conduct presentations and trainings to our stakeholder partners of the counties we serve regarding the follow up innovation plan. Employee Benefits 26,949 1101 Retirement 2,367 Cost of 401K @ $152,685 total salaries x 1.55 (%)= $2,298 1102 Worker's Compensation 3,817 Workers Comp Insurance @ $152,685 total salaries x 2.5 (%)= $3,706 1103 Health Insurance 20,765 Cost of Medical, Vision, Dental, Life and Long Term Disability Insurance @ $152,685 total salaries x 13.6 (%)= $20,160 Payroll Taxes & Expenses:14,276 1201 OASDI - 1202 FICA/MEDICARE 11,680 Cost of FICA/Medicare @ $152,685 total salaries x 7.65 (%)= $11,340 1203 SUI 2,596 Cost of SUI @ $152,685 total salaries x 1.70 (%)= $2,520 3000: OPERATING EXPENSES 8,995 3001 Telecommunications 4,350 Cost of landline telephone services, cell phones service, data connectivity. Estimate at $362.50/month x 12 months $4,350 3002 Printing/Postage 670 Anticipating courier services and postage necessary for program. Business cards and other special printing services. Estimate at $55.83 a month x 12 months = $670 3003 Office Supplies & Equipment 975 Includes desk supplies & minor equipment used by staff in the course of providing services. Estimates at $81.25 a month x 12 months = $975 3004 Advertising - 3005 Staff Development & Training 1,500 Cost of continuation of staff development and training. Estimates at $125 a month x 12 months = $1,500 3006 Staff Mileage 1,000 Reimbursements to staff for personal vehicle use require to conduct presentations and trainings to other agencies or other program needs, paid at IRS rate. Any travel transportation fees, such as parking fees. Estimates 148.81 miles monthly x 12 months x .56/mile = $1,000 3007 Subscriptions & Memberships - 3008 Vehicle Maintenance - 3009 Other (Staff Recruitment)500 Thorough background check and drug testing. SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Kings View Corporation Fiscal Year (FY 2022-23) Budget Narrative Exhibit C Page 8 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 4000: FACILITIES & EQUIPMENT 13,630 4001 Building Maintenance 3,330 Shared cost of copier maintenance, inspection services, pest control, alarm services, janitorial services, facility supplies, and minor building repairs and maintenance. $277.50/month x 12 months = $3,330 4002 Rent/Lease Building 7,800 Shared cost of building space lease. $650/month x 12 months = $7,800 4003 Rent/Lease Equipment 700 Shared cost of copier leases. $58.33/month x 12 months = $700 4004 Rent/Lease Vehicles - 4005 Security - 4006 Utilities 1,800 Shared cost of gas and electric. $150/month x 12 months = $1,800 5000: SPECIAL EXPENSES 8,637 5001 Consultant (Network & Data Management)8,637 Kings View Information Technology Department (KVIT) will provide hardware and software support for successful data collection. Information services and management consisting of management of internet service provider, network and desktop management, project management, technology procurement, telecommunication management, strategic technology planning, system documentation, application/data hosting, access to data, documents and applications 24/7. After hours support via email and phone 24/7. Estimates at $719.75 per month x 12 months = $8,637 6000: ADMINISTRATIVE EXPENSES 27,202 6001 Administrative Overhead 23,182 Expenses provides corporate management, fiscal services, payroll, human resources, accounts payable and other administrative functions. Administrative Costs are below 15% of direct costs. $27,202 + $3,058= $30,260 $255,000-$30,260= $224,740 $30,260/$224,740= 13% 6002 Professional Liability Insurance 3,840 Cost general and professional liability insurance. $320/month x 12 months = $3,840 6003 Accounting/Bookkeeping - 6004 External Audit - 6005 Insurance (Liability):180 Cost of personal property and accidental insurance. $15/month x 12 months = $180 7000: FIXED ASSETS 2,626 7001 Computer Equipment & Software 2,126 Anticipating additional computer equipment neededs and or replacement. Duo factor licensing and other computer software necessary to provide services. Estimate $70.87 monthly x 12 month x 2.5 FTE = $2,126 7002 Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data - 7003 Furniture & Fixtures 500 Anticipating additional furniture needs and or replacement or shared cost for replacement needs. 2.5 FTE x $200 estimate = $500 TOTAL PROGRAM EXPENSE FROM BUDGET NARRATIVE:255,000 TOTAL PROGRAM EXPENSES FROM BUDGET TEMPLATE:255,000 - Exhibit C Page 9 of 12 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.01 838$ -$ 838$ 1102 Executive Director Assistant 0.01 267 - 267 1103 Regional Director 0.01 1,376 - 1,376 1104 Program Manager 0.05 - 5,835 5,835 1105 Counselor 2.50 - 148,950 148,950 Personnel Salaries Subtotal 2.57 2,481$ 154,785$ 157,266$ Employee Benefits Acct #Admin Direct Total 1101 39$ 2,399$ 2,438$ 1102 62 3,870 3,932 1103 337 21,051 21,388 438$ 27,320$ 27,758$ 0.161411874 Payroll Taxes & Expenses: Acct #Admin Direct Total 1201 -$ -$ -$ 1202 190 11,841 12,031 1203 42 2,631 2,673 232$ 14,472$ 14,704$ 3,151$ 196,577$ 199,728$ 3000: OPERATING EXPENSES Acct #Amount 3001 4,350$ 3002 400 3003 403 3004 - 3005 250 3006 700 3007 - 3008 - 3009 250 6,353$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 2,380$ 4002 7,800 4003 700 4004 - 4005 - 4006 1,800 12,680$ Retirement Worker's Compensation Health Insurance SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Kings View Corporation Fiscal Year (FY 2023-24) PROGRAM EXPENSES 1000: SALARIES & BENEFITS Description Payroll Taxes & Expenses Subtotal: EMPLOYEE SALARIES & BENEFITS TOTAL: Employee Benefits Subtotal: Employee Benefits %: Description OASDI FICA/MEDICARE SUI Telecommunications Printing/Postage Office Supplies & Equipment Advertising Staff Development & Training Staff Mileage Line Item Description OPERATING EXPENSES TOTAL: Line Item Description Building Maintenance Rent/Lease Building Rent/Lease Equipment Rent/Lease Vehicles Subscriptions & Memberships Vehicle Maintenance Other (Staff Recruitment) FACILITIES/EQUIPMENT TOTAL: Security Utilities Exhibit C Page 10 of 12 5000: SPECIAL EXPENSES Acct #Amount 5001 8,637$ 8,637$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 23,182$ 6002 3,840 6003 - 6004 - 6005 Insurance (Liability):180 27,202$ 7000: FIXED ASSETS Acct #Amount 7001 300$ 7002 - 7003 100 400$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 255,000 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 255,000$ Line Item Description Consultant (Network & Data Management) Administrative Overhead Professional Liability Insurance Accounting/Bookkeeping External Audit SPECIAL EXPENSES TOTAL: Line Item Description Line Item Description Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures ADMINISTRATIVE EXPENSES TOTAL PROGRAM FUNDING SOURCES FIXED ASSETS EXPENSES TOTAL TOTAL PROGRAM EXPENSES 255,000$ 8300 - MENTAL HEALTH SERVICE ACT (MHSA) MHSA Program Name Suicide Prevention Follow-Up Call Program TOTAL PROGRAM FUNDING SOURCES:255,000$ NET PROGRAM COST: -$ MHSA TOTAL Exhibit C Page 11 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 1000: SALARIES & BENEFITS 199,728 Employee Salaries 157,266 1101 Executive Director 838 $6,983.33/month x 12 months x 0.01 FTE = $838 Position will provide agency specific staff oversight and represent and maintain the collaborative relationship between agencies. 1102 Executive Director Assistant 267 $2,225/month x 12 months x 0.01 FTE = $267 This position will assist Executive Director with staff oversight and representing and maintaining the collaborative relationship between agencies. 1103 Regional Director 1,376 $11,466.67/month x 12 months x 0.01 FTE = $1,376 Provide program management and direction. Ensures operations are running smoothly and in compliance with contract requirements. 1104 Program Manager 5,835 $9,724.92/month x 12 months x 0.05 FTE = $5,835 Provides supervision of all staff and direct oversight of program management. Program Manager to provide clinical support to individuals served as needed. 1105 Counselor 148,950 2 Follow-up Counselors at $4,965/mon. x 12 months x 100% FTE = $59,580; 1 Follow- up Counselor at $4,965/mon. x 12 months x 50% FTE = $29,790 This position will contact referred clients via telephone to conduct follow up counseling services to support client post suicidal crisis. Provide suicide telephone intervention and counseling if they are in crisis. Conduct safety assessments during each intervention and create or review existing safety plan. The intent is to prevent recidivism, re- hospitalizations, or crisis stabilization via counseling and support. This position will also conduct presentations and trainings to our stakeholder partners of the counties we serve regarding the follow up innovation plan. Employee Benefits 27,758 1101 Retirement 2,438 Cost of 401K @ $157,266 total salaries x 1.55 (%)= $2,298 1102 Worker's Compensation 3,932 Workers Comp Insurance @ $157,266 total salaries x 2.5 (%)= $3,706 1103 Health Insurance 21,388 Cost of Medical, Vision, Dental, Life and Long Term Disability Insurance @ $157,266 total salaries x 13.6 (%)= $20,160 Payroll Taxes & Expenses:14,704 1201 OASDI - 1202 FICA/MEDICARE 12,031 Cost of FICA/Medicare @ $157,266 total salaries x 7.65 (%)= $11,340 1203 SUI 2,673 Cost of SUI @ $157,266 total salaries x 1.70 (%)= $2,520 3000: OPERATING EXPENSES 6,353 3001 Telecommunications 4,350 Cost of landline telephone services, cell phones service, data connectivity. Estimate at $362.50/month x 12 months $4,350 3002 Printing/Postage 400 Anticipating courier services and postage necessary for program. Business cards and other special printing services. Estimate at $33.33 a month x 12 months = $400 3003 Office Supplies & Equipment 403 Includes desk supplies & minor equipment used by staff in the course of providing services. Estimates at $33.58 a month x 12 months = $403 3004 Advertising - 3005 Staff Development & Training 250 Cost of continuation of staff development and training. Estimate at $20.83 per month x 12 months = $250 3006 Staff Mileage 700 Reimbursements to staff for personal vehicle use require to conduct presentations and trainings to other agencies or other program needs, paid at IRS rate. Any travel transportation fees, such as parking fees. Estimates 104.17 miles monthly x 12 months x .56/mile = $700 3007 Subscriptions & Memberships - 3008 Vehicle Maintenance - 3009 Other (Staff Recruitment)250 Thorough background check and drug testing. SUICIDE PREVENTION FOLLOW-UP CALL PROGRAM Kings View Corporation Fiscal Year (FY 2023-24) Budget Narrative Exhibit C Page 12 of 12 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 4000: FACILITIES & EQUIPMENT 12,680 4001 Building Maintenance 2,380 Shared cost of copier maintenance, inspection services, pest control, alarm services, janitorial services, facility supplies, and minor building repairs and maintenance. $198.33/month x 12 months = $2,380 4002 Rent/Lease Building 7,800 Shared cost of building space lease. $650/month x 12 months = $7,800 4003 Rent/Lease Equipment 700 Shared cost of copier leases. $58.33/month x 12 months = $700 4004 Rent/Lease Vehicles - 4005 Security - 4006 Utilities 1,800 Shared cost of gas and electric. $150/month x 12 months = $1,800 5000: SPECIAL EXPENSES 8,637 5001 Consultant (Network & Data Management)8,637 Kings View Information Technology Department (KVIT) will provide hardware and software support for successful data collection. Information services and management consisting of management of internet service provider, network and desktop management, project management, technology procurement, telecommunication management, strategic technology planning, system documentation, application/data hosting, access to data, documents and applications 24/7. After hours support via email and phone 24/7. Estimates at $719.75 per month x 12 months = $8,637 6000: ADMINISTRATIVE EXPENSES 27,202 6001 Administrative Overhead 23,182 Expenses provides corporate management, fiscal services, payroll, human resources, accounts payable and other administrative functions. Administrative Costs are below 15% of direct costs. $27,202 + $3,151= $30,353 $255,000-$30,353= $224,647 $30,353/$224,647= 13% 6002 Professional Liability Insurance 3,840 Cost general and professional liability insurance. $320/month x 12 months = $3,840 6003 Accounting/Bookkeeping - 6004 External Audit - 6005 Insurance (Liability):180 Cost of personal property and accidental insurance. $15/month x 12 months = $180 7000: FIXED ASSETS 400 7001 Computer Equipment & Software 300 Anticipating additional computer equipment neededs and or replacement. Duo factor licensing and other computer software necessary to provide services. Estimates at $25 a month x 12 months = $300 7002 Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data - 7003 Furniture & Fixtures 100 Anticipating additional furniture needs and or replacement or shared cost for replacement needs. 2.5 FTE x $40 estimate = $100 TOTAL PROGRAM EXPENSE FROM BUDGET NARRATIVE:255,000 TOTAL PROGRAM EXPENSES FROM BUDGET TEMPLATE:255,000 - Exhibit D - 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 D - 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 D - 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 D - 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 D - 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 D - 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 E Page 1 of 2 FFRREESSNNOO CCOOUUNNTTYY MMEENNTTAALL HHEEAALLTTHH PPLLAANN GGRRIIEEVVAANNCCEESS AANNDD IINNCCIIDDEENNTT RREEPPOORRTTIINNGG PPRROOTTOOCCOOLL FFOORR CCOOMMPPLLEETTIIOONN OOFF IINNCCIIDDEENNTT RREEPPOORRTT The Incident Report must be completed for all incidents involving clients. The staff person who becomes aware of the incident completes this form, and the supervisor co-signs it. When more than one client is involved in an incident, a separate form must be completed for each client. Where the forms should be sent - within 24 hours from the time of the incident Incident Report should be sent to: DBH Program Supervisor Exhibit E Page 2 of 2 INCIDENT REPORT WORKSHEET When did this happen? (date/time)Where did this happen? Name/DMH # 1. Background information of the incident: 2. Method of investigation: (chart review, face-to-face interview, etc.) Who was affected? (If other than consumer) List key people involved. (witnesses, visitors, physicians, employees) 3. Preliminary findings: How did it happen? Sequence of events. Be specific. If attachments are needed write comments on an 8 1/2 sheet of paper and attach to worksheet. Outcome severity:Nonexistent inconsequential consequential death not applicable unknown 4. Response: a) corrective action, b) Plan of Action, c) other Completed by (print name) Completed by (signature)Date completed Reviewed by Supervisor (print name) Supervisor Signature Date Vendor: Contract# Item Make/Brand Model I Serial# Q) C. �I Copier Canon I 27CRT I 9YHJY65R I X w Q) C. �I DVD Player Sony DV2230 PXC4356A X w Date Prepared: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Date Received: Contact Person Contact# .&.&.....I ......,.., I P I 1 ft I I� I Pr • I P P I L.I L.P: a I It l I P f li !? Date Date Ill � EE Requested Approved ( Purchase Location "Cl Ill GI (If Fixed If Fixed Date c-GI GI ->C Cl) Asset) Assset) ii: I X 3/27/2008 4/1/2008 4/10/2008 Heritage X n/a n/a 4/1/2008 Heritage Condition New New Fresno County Exhibit F Page 1 of 2 Inventory Cost Number $6,500.00 $450.00 Fi el d l'wnber Header Header Header Header Header Header a b C d e f g h i k I m Fl XED �ET AND SENSI Tl VE I TEM TRACl<I NG Field Descr i pt i on Vendor Program Contract # Cont act Per son Cont act # Cate Prepared I tern Mike/ Brand M>del Seri al # Fixed Asset Sensi ti ve I t em Cate Requested Cate Approved Purchase Cate Location Condition Fresno County I nvent or y l\tlrrber Cost I nst r uct i on or Corment s I ndi cat e the I egal narre of the agency contracted to provide services. Indicate the till e of the pr oj eel as described in the contract v.i t h t he County. Indicate the assigned County contract nurrber. I f not know,, County staff can pr ovi de. I ndi cat e the f i r st and I ast narre of the pr i rrar y agency cont act for t he cont r act . I ndi cat e the rrost appropriate telephone nurrber of the pri rrary agency contact for the contract. I ndi cat e the rrost current date that t he t r acki ng form v.as corrpl eted by the vendor. I dent i f y the i t em by pr ovi di ng a comronly recognized descr i pt i on of the it em I dent i f v the corrpany t hat rranufactured the I dent i f y t he rrodel nurrber for the i tern i f I dent i f y t he serial nurrber for the i tern i f appl i cabl e. Mir k t he box v.i t h an II X'I if the cost of the $5,000 or rror e to i ndi cat e t hat the it em is asset. it em appl i cabl e. it em is a fixed Mir k the box v.i th an II X'I if the i t em rreet s t he criteria of a sensi ti ve i t em as defined by the County. Indicate the date that t he agency subni t t ed a request to t he County to purchase t he i t em Indicate the date that the County approved the request to purchase the it em Indicate the date the aqencv purchased the it em I ndi cat e the phvsi cal I ocat ion of the it em I ndi cat e the general condi t i on of the it em ( New, G:>od, W>rn, Bad). I ndi cat e the FR# provided by the County for the it em I ndi cat e the tot al purchase price of the it em including sales tax and other costs, such as shipping. Exhibit F Page 2 of 2 Required or Condi t i onal Required Required Required Required Required Required Required Required Condi t i onal Condi t i onal Condi t i onal Condi t i onal Required Required Required Required Required Condi t i onal Required Exhibit 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 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. Exhibit H – Page 1 of 2 DISCLOSURE OF OWNERSHIP AND CONTROL INTEREST STATEMENT I.Identifying Information Name of entity D/B/A Address (number, street) City State ZIP code CLIA number Taxpayer ID number (EIN) Telephone number ( ) II.Answer the following questions by checking “Yes” or “No.” If any of the questions are answered “Yes,” list names and addresses of individuals or corporations under “Remarks” on page 2. Identify each item number to be continued. A.Are there any individuals or organizations having a direct or indirect ownership or control interest of five percent or more in the institution, organizations, or agency that have been convicted of a criminal offense related to the involvement of such persons or organizations in any of the programs established YES NO by Titles XVIII, XIX, or XX? ......................................................................................................................... ❒ ❒ B.Are there any directors, officers, agents, or managing employees of the institution, agency, or organization who have ever been convicted of a criminal offense related to their involvement in such programs established by Titles XVIII, XIX, or XX? ...................................................................................... ❒ ❒ C.Are there any individuals currently employed by the institution, agency, or organization in a managerial, accounting, auditing, or similar capacity who were employed by the institution’s, organization’s, or agency’s fiscal intermediary or carrier within the previous 12 months? (Title XVIII providers only) ........... ❒ ❒ III.A. List names, addresses for individuals, or the EIN for organizations having direct or indirect ownership or a controlling interest in the entity. (See instructions for definition of ownership and controlling interest.) List any additional names and addresses under “Remarks” on page 2. If more than one individual is reported and any of these persons are related to each other, this must be reported under “Remarks.” NAME ADDRESS EIN B.Type of entity: ❒ Sole proprietorship ❒Partnership ❒Corporation❒Unincorporated Associations ❒Other (specify) C.If the disclosing entity is a corporation, list names, addresses of the directors, and EINs for corporations under “Remarks.” D.Are any owners of the disclosing entity also owners of other Medicare/Medicaid facilities? (Example: sole proprietor, partnership, or members of Board of Directors) If yes, list names, addresses of individuals, and provider numbers. .......................................................................................................... ❒❒ NAME ADDRESS PROVIDER NUMBER Exhibit H – Page 2 of 2 YES NO IV. A. Has there been a change in ownership or control within the last year? ....................................................... ❒ ❒ If yes, give date. B. Do you anticipate any change of ownership or control within the year?....................................................... ❒ ❒ If yes, when? C. Do you anticipate filing for bankruptcy within the year?................................................................................ ❒ ❒ If yes, when? V.Is the facility operated by a management company or leased in whole or part by another organization?.......... ❒ ❒ If yes, give date of change in operations. VI.Has there been a change in Administrator, Director of Nursing, or Medical Director within the last year?......... ❒ ❒ VII. A. Is this facility chain affiliated? ...................................................................................................................... ❒ ❒ (If yes, list name, address of corporation, and EIN.) Name EIN Address (number, name) City State ZIP code B.If the answer to question VII.A. is NO, was the facility ever affiliated with a chain? (If yes, list name, address of corporation, and EIN.) Name EIN Address (number, name) City State ZIP code Whoever knowingly and willfully makes or causes to be made a false statement or representation of this statement, may be prosecuted under applicable federal or state laws. In addition, knowingly and willfully failing to fully and accurately disclose the information requested may result in denial of a request to participate or where the entity already participates, a termination of its agreement or contract with the agency, as appropriate. Name of authorized representative (typed) Title Signature Date Remarks Exhibit I - Page 1 of 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1.By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4.The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, debarred, suspended, ineligible, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. CERTIFICATION (1)The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners, officers, corporate managers and partners: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Exhibit I - Page 2 of 2 (c)Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature: Date: (Printed Name & Title) (Name of Agency or Company) Exhibit J - Page 1 of 2 SELF-DE ALING TRANSAC TION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “COUNTY”), members of a CONTRACTOR(S)’ board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the COUNTY. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member’s company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the COUNTY. At a minimum, include a description of the following: a.The name of the agency/company with which the corporation has the transaction; and b.The nature of the material financial interest in the corporation’s transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Exhibit J - Page 2 of 2 (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: Exhibit K Page 1 of FRESNO COUNTY MENTAL HEALTH COMPLIANCE PROGRAM CONTRACTOR CODE OF CONDUCT AND ETHICS Fresno County is firmly committed to full compliance with all applicable laws, regulations, rules and guidelines that apply to the provision and payment of mental health services. Mental health contractors and the manner in which they conduct themselves are a vital part of this commitment. Fresno County has established this Contractor Code of Conduct and Ethics with which contractor and its employees and subcontractors shall comply. Contractor shall require its employees and subcontractors to attend a compliance training that will be provided by Fresno County. After completion of this training, each contractor, contractor’s employee and subcontractor must sign the Contractor Acknowledgment and Agreement form and return this form to the Compliance officer or designee. Contractor and its employees and subcontractor shall: 1. Comply with all applicable laws, regulations, rules or guidelines when providing and billing for mental health services. 2. Conduct themselves honestly, fairly, courteously and with a high degree of integrity in their professional dealing related to their contract with the County and avoid any conduct that could reasonably be expected to reflect adversely upon the integrity of the County. 3. Treat County employees, consumers, and other mental health contractors fairly and with respect. 4. NOT engage in any activity in violation of the County’s Compliance Program, nor engage in any other conduct which violates any applicable law, regulation, rule or guideline 5. Take precautions to ensure that claims are prepared and submitted accurately, timely and are consistent with all applicable laws, regulations, rules or guidelines. 6. Ensure that no false, fraudulent, inaccurate or fictitious claims for payment or reimbursement of any kind are submitted. 7. Bill only for eligible services actually rendered and fully documented. Use billing codes that accurately describe the services provided. Exhibit K Page 2 of 8. Act promptly to investigate and correct problems if errors in claims or billing are discovered. 9. Promptly report to the Compliance Officer any suspected violation(s) of this Code of Conduct and Ethics by County employees or other mental health contractors, or report any activity that they believe may violate the standards of the Compliance Program, or any other applicable law, regulation, rule or guideline. Fresno County prohibits retaliation against any person making a report. Any person engaging in any form of retaliation will be subject to disciplinary or other appropriate action by the County. Contractor may report anonymously. 10. Consult with the Compliance Officer if you have any questions or are uncertain of any Compliance Program standard or any other applicable law, regulation, rule or guideline. 11. Immediately notify the Compliance Officer if they become or may become an Ineligible person and therefore excluded from participation in the Federal Health Care Programs.