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HomeMy WebLinkAboutP-22-073 Agreement Brain Wise Solutions Group Inc 2-24-22.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-22-073 February 24, 2022 Brain Wise Solutions Group Inc 1300 W. Shaw Ave Suite 121 Fresno, Ca 93710 The County of Fresno (County) hereby contracts with Brain Wise Solutions Group Inc (Contractor) to provide training for professionals who work with at-risk youth for substance use disorders in accordance with the text of this agreement, Attachment “A”, County of Fresno Request for Proposal No: 22-022 and the attached contractors response to County of Fresno Request for Proposal No: 22-022 by this reference made a part hereof. TERM: This Agreement shall become effective February 23, 2022 and shall remain in effect through December 31, 2022. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by The County of Fresno Department of Behavioral Health under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One Hundred and Fifty Thousand Dollars ($150,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. PROCUREMENT AGREEMENT NUMBER: P-22-073 Page 2 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and 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, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the 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 or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A.Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B.Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto 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., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D.Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. PROCUREMENT AGREEMENT NUMBER: P-22-073 Page 3 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX Additional Requirements Relating to Insurance: 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 Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health, Contracts Division – SUD Services, 3133 N. Millbrook Ave., Fresno, CA 93703stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's 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. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the 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 purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. 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 the 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 the subject thereof. 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, withholding, and all other regulations governing such PROCUREMENT AGREEMENT NUMBER: P-22-073 Page 4 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A", County's Request for Proposal No. 22-022 and the Contractor's Proposal in response thereto); (2) Attachment "A"; (3) the County's Request for Proposal No. 22-022 and (4) the Contractor's Proposal made in response to County's Request for Proposal No. 22-022. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A.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. B.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. C.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). D.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. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Erin Jones, Purchasing Analyst, at 559-600-7120 or ejones@fresnocountyca.gov PROCUREMENT AGREEMENT NUMBER: P-22-073 Page 5 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:EJ PROCUREMENT AGREEMENT NUMBER: P-22-073 Page 6 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56302081 Account No.: 7295 Requisition No.: 5632210038 (09/2021) PROCUREMENT AGREEMENT NUMBER: P-22-073 Attachment A Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX ATTACHMENT "A" Scope of Work The County of Fresno on behalf of the Department of Behavioral Health is Contracted Services Division-Substance Use Disorder Services (DBH-SUD Services) is contracting with Brain Wise to provide the following training for professionals who work with at-risk youth that will help them: •Identify youth at risk of substance use or abuse •Support the professionals with skills intended to engage the youth and link them to Substance Use Disorder (SUD) services as appropriate •Develop communication strategies and skills that will enable the professionals to engage at-risk youth The training will be structured with a “Train the Trainer” approach and be intended for professionals who work with youth ages 12-20 in various school, law enforcement, community, or justice related settings. The training and materials that are developed will be used by DBH and non-DBH professionals at DBH discretion on an ongoing basis beyond the term of the resulting service agreement. Services Start and End Dates The development of the training materials will start upon execution of the service agreement which is expected to be March 2022. The trainings and all related activities will have to be completed and expensed by December 31, 2022. DBH will help to coordinate as needed with various agencies to identify training dates, times and locations for those professionals and agencies that would like to participate. Brain Wise is expected to collaborate in the process of identifying partners or agencies that would benefit from the training as well as tailoring the trainings to incentivize those agencies to participate. Target Population The training is intended for professionals who work in the educational, justice, and social service fields and have regular contact with youth ages 12-20 in at risk environments. The professionals will have different educational backgrounds and experiences and encounter youth in different settings and circumstances. The youth they work with may be in junior high school, high school, or college. Participants are expected to have different perspectives regarding SUD and may not be familiar with the services available. The professionals may include staff from various agencies and backgrounds such as: •Teachers •Counselors •Social workers/psychologists/therapists •Administrative Staff •Security/School Resource Officers •School Support Staff/Paraprofessionals •Probation Officers •Nurses •University/college program staff PROCUREMENT AGREEMENT NUMBER: P-22-073 Attachment A Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX • Co-curricular activities and program staff Location of Trainings Brain Wise will work with DBH and local participating schools/agencies to determine training sites. Brain Wise must be prepared to provide the trainings both virtually through the use of online meeting platforms or in-person. Brain Wise may use their own meeting platforms to host the trainings. In person trainings will only occur if it is in the best interest of the professionals receiving the training and safety protocols must be in place. The trainings will be provided during times most accessible to the target population. For educational professionals, DBH may work with schools to coordinate the trainings during “buy back” days, professional development days, after school, or during any block of time that will not disrupt daily instructional time. Description of Services Brain Wise will develop and provide trainings targeting educational professionals that would help them identify at-risk youth (ages 12-20) and link those youth to the appropriate SUD treatment programs. Trainings should follow a “train the trainer” approach that would help professionals develop the necessary skills, learn the material and allow them to return to their agency/school to conduct trainings with their peers. A second, shorter training will be developed and provided by Brain Wise directly to professional staff. Brain Wise will work with DBH to develop training and outreach materials that will be provided to the professional staff. Brain Wise will partner with DBH to determine what the materials will look like and what information will be included. All materials will be available to be reproduced by the participating agencies and professional staff. The materials and training curriculum should be structured in a way that promotes best practices for working with youth and can be applied in various settings. Trainings should include: • Motivational interviewing techniques and skills that help professionals support and encourage youth through the process of linking to SUD services • Exploration of the impact of trauma for youth with substance use disorders • Incorporation of resiliency and how strengths-based responses to substance use disorders can have a positive impact on youth. • Best practices for incorporating the youth’s parents/caregivers in the process with consideration to confidentiality restrictions. • Best practices on how to approach parents/caregivers in the discussion in a way that supports the youth. • Indicators to look for when identifying youth who may need SUD services • An overview of what SUD services consists of including the services which are available to youth. o DBH will assist to ensure that available services are described and provided to professional staff. o Eligibility requirements including any potential costs incurred for any treatment rendered. o Eligibility requirements for Minor Consent • A basic understanding of confidentiality as it applies to SUD treatment. PROCUREMENT AGREEMENT NUMBER: P-22-073 Attachment A Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX •Explanation that not all referrals to treatment will result in admission to treatment programs o All youth must meet medical necessity to be admitted fortreatment based on American Society of Addiction Medicine (ASAM) criteria •Outreach materials that provide information about how to access services and tips on how to engage youth or find more information o Examples include informational one-pagers or Index cards •Consistency with Department of Health Care Services Youth Treatment Guidelines o https://www.dhcs.ca.gov/individuals/Documents/Youth_Treatment_Guidelines _2002.pdf •Adherence to Substance Abuse Block Grant rules and regulations o https://www.dhcs.ca.gov/services/Documents/SABG%20Policy%20Manual/SABG_Policy_ Manual_V1.pdf - (SABG Policy Manual) o https://www.co.fresno.ca.us/departments/behavioral- health/home/for-providers/contract- providers/substance-use- disorder-providers (refer to SABG Agreement 17-94127 and its related amendments which can be found on our DBH provider page). o Brain Wise is expected to be monitored annually for the duration of the resulting agreement. Brain Wise must cooperate with DBH and meet annual monitoring requirements as stated under SABG rules and regulations. •Culturally and linguistically appropriate subject matter for participants with respect to the unique demographics of Fresno County. •Delivered with a focus on diversity, equity, and inclusion and how those concepts can be tied to the efficacy of the linkage and referral process. Additionally, •Brain Wise must be familiar with Fresno County and its unique population and demographic makeup. Brain Wise will have experience working in Fresno County or have conducted work for local agencies in the past; and •Trainings must align with DBH’s Guiding Principles of Care (attached as Exhibit A) where applicable. •DBH supports the use of persons with lived experience to be included in the development of delivery of the training, as appropriate. •Brain Wise will work with DBH to leverage any existing work or resources to avoid duplicating efforts. Brain Wise will develop two versions of the trainings should be developed. One version should be approximately a half day (approximately 4 hours) “train the trainer” approach which can cover the topics in more depth. A minimum of 6 total 4-hour trainings must be scheduled and provided. A second shorter one-hour version will also be developed and conducted by Brain Wise that can be provided to professional staff. A minimum of 10, one- hour trainings must be scheduled and provided, Trainings may be tailored to each population being trained to ensure that it is meaningful and applicable to their work. DBH encourages Brain Wise to develop a training that is interactive. Trainings should be developed with knowledge, skill, and value components in mind. PROCUREMENT AGREEMENT NUMBER: P-22-073 Attachment A Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX Train the Trainer (4-hour training) This training should include a short module on how to train or act in a training capacity to build those skills for any professional who may be unfamiliar with leading trainings. It will cover the curriculum/training developed by Brain Wise in-depth and allow participants to ask questions that will help them understand the subject matter and how to communicate it in an effective manner. The training will provide all materials to participants that they will need to learn the training as well as materials that they can reproduce to conduct trainings on their own with their peers. Brain Wise should expect to provide a minimum 6 Train the Trainer trainings over the course of the service contract which will end by December 31, 2022. Each training should be structured for a capacity of approximately 20 individuals per training. One Hour Training Brain Wise will also be responsible for preparing and conducting a one-hour training that will be provided to professionals via an online platform or in-person (if necessary). The one-hour training should include elements of the training described in this request for proposals that will help provide a basic level of understanding of how to use motivational interviewing techniques to link at-risk youth to SUD services as well as what services are available to youth, how to communicate/engage parents, confidentiality restrictions, and what to expect once a youth is connected with SUD services. Brain Wise will be responsible for conducting these trainings for professionals that cannot participate in the Train the Trainer setting but would benefit from learning basic skills to engage youth and linking them to SUD services. Brain Wise should expect to provide a minimum 6 and maximum of 10 one-hour trainings over the course of the service contract which will end by December 31, 2022. Brain Wise will develop a video of the one-hour training for DBH to present and use for at its discretion for various trading formats. Outreach Materials Brain Wise will work with DBH to develop training and outreach materials that will be provided to the professional staff. Brain Wise will partner with DBH to determine what the materials will look like and what information will be included. The materials should be in the form of a one-pager or other easy to distribute format and include details about DBH and its SUD services. The materials and designs will become the property of the County of Fresno and be made available to be reproduced at no cost by DBH or any of its partners for distribution to various professionals. Brain Wise will be responsible for producing copies of each of the outreach materials for participants in both the Train the Trainer and one-hour training series which can be mailed to DBH or the participants for distribution. Following the trainings, the designs will be provided to DBH and training participants who will reproduce them for future trainings or campaigns. Staffing Staff positions funded for this project should be eligible to participate in federally funded programs. Staff should have a professional background in the public health, behavioral health, educational, youth development, or closely related fields. Outcomes/Goals For each training, Brain Wise, in partnership with DBH, will conduct a pre and post training survey that will evaluate the effectiveness of the training. The results of each training will be incorporated to the extent possible to refine the curriculum or future training. The survey will evaluate at least the following components: •Format of the training •The effectiveness of the trainer •Content of the curriculum PROCUREMENT AGREEMENT NUMBER: P-22-073 Attachment A Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX •Satisfaction of the participants •The platform used to conduct the training (online via in-person) •Cultural and linguistic appropriateness and accessibility Brain Wise is encouraged to include other items in the pre and post training survey with DBH approval. RFP 22-022 EXHIBIT B Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director/Lead Trainer 1.00 11,250$ 33,750$ 45,000$ 1102 Lead Trainer & Curr Development 1.00 2,500 35,000 37,500 1103 Trainer & Curr Development 1.00 2,520 22,680 25,200 1104 - - - 1105 - - - 1106 - - - 1107 - - - 1108 - - - 1109 - - - 1110 - - - 1111 - - - 1112 - - - 1113 - - - 1114 - - - 1115 - - - 1116 - - - 1117 - - - 1118 - - - 1119 - - - 1120 - - - 1121 - - - 1122 - - - 1123 - - - 1124 - - - 1125 - - - 1126 - - - 1127 - - - 1128 - - - 1129 - - - 1130 - - - 1131 - - - 1132 - - - 1133 - - - 1134 - - - 1135 - - - Personnel Salaries Subtotal 3.00 16,270$ 91,430$ 107,700$ Employee Benefits Acct #Admin Direct Total 1201 -$ 4,308$ 4,308$ 1202 - 1,454 1,454 1203 - - - 1204 - - - 1205 - - - 1206 - - - Retirement Worker's Compensation Health Insurance Other (specify) Other (specify) 22-022 Training For Professionals Who Work With Youth at Risk for Substance Use Disorders Brain Wise Solutions Group, Inc Fiscal Year (FY) 2022 - 03/01/2022 - 12/31/2022 Description Other (specify) PROGRAM EXPENSES 1000: SALARIES & BENEFITS Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020 Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 -$ 5,762$ 5,762$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1301 -$ 6,673$ 6,673$ 1302 - 1,551 1,551 1303 - 714 714 1304 - - - 1305 - - - 1306 - - - -$ 8,938$ 8,938$ 16,270$ 106,130$ 122,400$ 2000: CLIENT SUPPORT Acct #Amount 2001 -$ 2002 - 2003 - 2004 - 2005 - 2006 - 2007 - 2008 - 2009 - 2010 - 2011 - 2012 - 2013 - 2014 - 2015 - 2016 - -$ 3000: OPERATING EXPENSES Acct #Amount 3001 3002 3003 3004 - 3005 3,500 3006 3007 - 3008 - 3009 - 3010 - 3011 - 3012 - 3,500$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 -$ 4002 10,200 Other (specify) Other (specify) Staff Mileage Subscriptions & Memberships Other (specify) Other (specify) Rent/Lease Building Staff Development & Training Vehicle Maintenance Other (specify) Office, Household & Program Supplies Telecommunications Printing/Postage Client Transportation & Support Client Housing Support Child Care Other (specify) Other (specify) Other (specify) Employee Benefits Subtotal: Description Clothing, Food, & Hygiene Education Support Household Items for Clients Employment Support OASDI FICA/MEDICARE SUI Other (specify) Utility Vouchers Program Supplies - Medical Medication Supports OPERATING EXPENSES TOTAL: Building Maintenance Payroll Taxes & Expenses Subtotal: Line Item Description Line Item Description Line Item Description DIRECT CLIENT CARE TOTAL Other (specify) Other (specify) EMPLOYEE SALARIES & BENEFITS TOTAL: Other (specify) Advertising Other (specify) Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 4003 - 4004 - 4005 300 4006 4007 - 4008 - 4009 - 4010 - 10,500$ 5000: SPECIAL EXPENSES Acct #Amount 5001 5002 - 5003 10,000 5004 - 5005 - 5006 - 5007 - 5008 - 10,000$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 -$ 6002 600 6003 1,500 6004 300 6005 - 6006 1,200 6007 - 6008 - 6009 - 6010 - 6011 - 6012 - 3,600$ 7000: FIXED ASSETS Acct #Amount 7001 7002 7003 7004 - 7005 - 7006 - 7007 - 7008 - -$ Rent/Lease Equipment Line Item Description HMIS (Health Management Information System) Administrative Overhead Other (specify) Other (specify) Depreciation (Provider-Owned Equipment to be Used for Program Purposes) Payroll Services Line Item Description Rent/Lease Vehicles Security External Audit Other (specify) Other (specify) Other (specify) Other (specify) Other (specify) SPECIAL EXPENSES TOTAL: Contractual/Consulting Services (Specify) Other (specify) Other (specify) Other (specify) Translation Services Other (specify) Utilities Consultant (Network & Data Management) Other (specify) Insurance (Specify): Other (specify) Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Other (specify) Leasehold/Tenant/Building Improvements Furniture & Fixtures PROGRAM FUNDING SOURCES 150,000$ TOTAL PROGRAM EXPENSES Other Assets over $500 with Lifespan of 2 Years + Other (specify) Assets over $5,000/unit (Specify) FIXED ASSETS EXPENSES TOTAL Line Item Description Professional Liability Insurance Accounting/Bookkeeping FACILITIES/EQUIPMENT TOTAL: ADMINISTRATIVE EXPENSES TOTAL Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Acct #Service Units Rate Amount 8001 Mental Health Services 0 - -$ 8002 Case Management 0 - - 8003 Crisis Services 0 - - 8004 Medication Support 0 - - 8005 Collateral 0 - - 8006 Plan Development 0 - - 8007 Assessment 0 - - 8008 Rehabilitation 0 - - 8009 0 - - 8010 0 - - 0 -$ 0% - 0%- -$ Acct #Amount 8101 Drug Medi-Cal -$ 8102 SABG -$ -$ Acct #Amount 8201 Realignment 150,000$ 150,000$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations - 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - -$ Acct #Amount 8401 Client Fees -$ 8402 Client Insurance - 8403 - 8404 - 8405 - -$ MEDI-CAL FFP TOTAL MHSA TOTAL Line Item Description Line Item Description 8100 - SUBSTANCE USE DISORDER FUNDS 8300 - MENTAL HEALTH SERVICE ACT (MHSA) Line Item Description REALIGNMENT TOTAL 8200 - REALIGNMENT Other (Specify) Other (Specify) NET PROGRAM COST: Estimated Specialty Mental Health Services Billing Totals: Estimated % of Clients who are Medi-Cal Beneficiaries Estimated Total Cost of Specialty Mental Health Services Provided to Medi-Cal Beneficiaries Federal Financial Participation (FFP) % Grants (Specify) Other (Specify) Other (Specify) Line Item Description 8400 - OTHER REVENUE TOTAL PROGRAM FUNDING SOURCES:150,000$ -$ SUBSTANCE USE DISORDER FUNDS TOTAL OTHER REVENUE TOTAL MHSA Program Name 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE 1000: SALARIES & BENEFITS 122,400 Employee Salaries 107,700 1101 Executive Director/Lead Trainer 45,000 Salary $7500/month full-time for 6 months ($46.88/hr) 1102 Lead Trainer & Curr Development 37,500 Salary $6250/month full-time for 6 months ($39/hr) 1103 Trainer & Curr Development 25,200 Salary $4200/month full-time for 6 months ($26.25/hr) 1104 0 - 1105 0 - 1106 0 - 1107 0 - 1108 0 - 1109 0 - 1110 0 - 1111 0 - 1112 0 - 1113 0 - 1114 0 - 1115 0 - 1116 0 - 1117 0 - 1118 0 - 1119 0 - 1120 0 - 1121 0 - 1122 0 - 1123 0 - 1124 0 - 1125 0 - 1126 0 - 1127 0 - 1128 0 - 1129 0 - 1130 0 - 1131 0 - 1132 0 - 1133 0 - 1134 0 - 1135 0 - Employee Benefits 5,762 1201 Retirement 4,308 Retirement calculated at 4% of salaries 1202 Worker's Compensation 1,454 Worker's comp calculated at $1.35 per $100 of payroll 1203 Health Insurance - 1204 Other (specify)- 1205 Other (specify)- 1206 Other (specify)- Payroll Taxes & Expenses:8,938 1301 OASDI 6,673 OASDI calculated at 6.2% of income 1302 FICA/MEDICARE 1,551 FICA/Medicare calculated at 1.45% of total salary 1303 SUI 714 SUI calculated at 3.4% on first $7,000 per FTE 1304 Other (specify)- 1305 Other (specify)- 1306 Other (specify)- 2000: CLIENT SUPPORT - 2001 Child Care - 2002 Client Housing Support - 2003 Client Transportation & Support - 2004 Clothing, Food, & Hygiene - 2005 Education Support - 2006 Employment Support - 2007 Household Items for Clients - 2008 Medication Supports - 2009 Program Supplies - Medical - 2010 Utility Vouchers - 2011 Other (specify)- 22-022 Training For Professionals Who Work With Youth at Risk for Substance Use Disorders Brain Wise Solutions Group, Inc Fiscal Year (FY) 2022 - 03/01/2022 - 12/31/2022 Budget Narrative PROGRAM EXPENSE Fresno County Department of Behavioral Health Contract Budget Narrative Revised 2/7/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE PROGRAM EXPENSE 2012 Other (specify)- 2013 Other (specify)- 2014 Other (specify)- 2015 Other (specify)- 2016 Other (specify)- 3000: OPERATING EXPENSES 3,500 3001 Telecommunications - 3002 Printing/Postage - 3003 Office, Household & Program Supplies - 3004 Advertising - 3005 Staff Development & Training 3,500 TBRI - Trust Based Relational Intervention Training- TCU College of Sceince and Engineering 3006 Staff Mileage - 3007 Subscriptions & Memberships - 3008 Vehicle Maintenance - 3009 Other (specify)- 3010 Other (specify)- 3011 Other (specify)- 3012 Other (specify)- 4000: FACILITIES & EQUIPMENT 10,500 4001 Building Maintenance - 4002 Rent/Lease Building 10,200 $1,700 x 6 mo. Lease for office space 4003 Rent/Lease Equipment - 4004 Rent/Lease Vehicles - 4005 Security 300 $50 x 6 mo. For security at office 4006 Utilities - 4007 Other (specify)- 4008 Other (specify)- 4009 Other (specify)- 4010 Other (specify)- 5000: SPECIAL EXPENSES 10,000 5001 Consultant (Network & Data Management)- 5002 HMIS (Health Management Information System) - 5003 Contractual/Consulting Services (Specify)10,000 Studio rental, video production, lighitning, editting, sound tech 5004 Translation Services - 5005 Other (specify)- 5006 Other (specify)- 5007 Other (specify)- 5008 Other (specify)- 6000: ADMINISTRATIVE EXPENSES 3,600 6001 Administrative Overhead - 6002 Professional Liability Insurance 600 $100 x 6 mo. For liability insurance 6003 Accounting/Bookkeeping 1,500 $250 x 6 mo. For invoicing and bookkeeping 6004 External Audit 300 External finanical audit 6005 Insurance (Specify):- 6006 Payroll Services 1,200 $200 x 6 mo. For payroll services 6007 Depreciation (Provider-Owned Equipment to be Used for Program Purposes) - 6008 Other (specify)- 6009 Other (specify)- 6010 Other (specify)- 6011 Other (specify)- 6012 Other (specify)- 7000: FIXED ASSETS - 7001 Computer Equipment & Software - 7002 Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data - 7003 Furniture & Fixtures - 7004 Leasehold/Tenant/Building Improvements - 7005 Other Assets over $500 with Lifespan of 2 Years + - 7006 Assets over $5,000/unit (Specify)- 7007 Other (specify)- 7008 Other (specify)- Fresno County Department of Behavioral Health Contract Budget Narrative Revised 2/7/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 ACCT #LINE ITEM AMT DETAILED DESCRIPTION OF ITEMS BUDGETED IN EACH ACCOUNT LINE PROGRAM EXPENSE ACCT # PROVIDE DETAILS OF METHODOLOGY(IES) USED IN DETERMINING MEDI-CAL SERVICE RATES AND/OR SERVICE UNITS, IF APPLICABLE AND/OR AS REQUIRED BY THE RFP 8001 8002 8003 8004 8005 8006 8007 8008 8009 8010 TOTAL PROGRAM EXPENSE FROM BUDGET NARRATIVE:150,000 TOTAL PROGRAM EXPENSES FROM BUDGET TEMPLATE:150,000 BUDGET CHECK:- Other (Specify) 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) Plan Development Assessment Rehabilitation Other (Specify) PROGRAM FUNDING SOURCES Collateral LINE ITEM Mental Health Services Case Management Crisis Services Medication Support Fresno County Department of Behavioral Health Contract Budget Narrative Revised 2/7/2020 RFP 22-022 EXHIBIT BAttachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 1 Revised 11/14/18 SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) SPECIFIC REQUIREMENTS Fresno County, through the Department of Behavioral Health, makes substance use disorder treatment services available throughout the county to Medi-Cal eligible beneficiaries through funds provided under an Intergovernmental Agreement with the California Department of Health Care Services. The County, and all contracted providers, must comply with the terms of the Intergovernmental Agreement, and any amendments thereto, including but not limited to the following: 1. RESTRICTIONS ON USE OF SABG FUNDS TO PAY FOR SERVICES REIMBURSABLE BY MEDI-CAL CONTRACTOR shall ensure that billing SABG funds only occurs for services that are not reimbursable by Medi-Cal. If CONTRACTOR utilizes SABG funds to pay for a service included in the DMC-ODS, CONTRACTOR shall maintain documentation sufficient to demonstrate that Medi-Cal reimbursement was not available. This documentation shall be provided to COUNTY at the time of billing and retained in the beneficiary file for review. 2. STATE ALCOHOL AND DRUG REQUIREMENTS A. INDEMNIFICATION The CONTRACTOR agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the CONTRACTOR in the performance of this Agreement. B. INDEPENDENT CONTRACTOR The CONTRACTOR and the agents and employees of CONTRACTOR, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. C. CONTROL REQUIREMENTS This Agreement is subject to all applicable Federal and State laws, regulations and standards. CONTRACTOR(S) shall establish written procedures consistent with State-County Contract requirements. The provisions of this Agreement are not intended to abrogate any provisions of law or regulation existing or enacted during the term of this Agreement. D. CONFIDENTIALITY Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 2 Revised 11/14/18 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 Part 2, Title 42, Code of Federal Regulations; California Welfare and Institutions Code, sections 14100.2, 11977, 11812, 5328; Division 10.5 and 10.6 of the California Health and Safety Code; Title 22, California Code of Regulations, section 51009; and Division 1, Part 2.6, Chapters 1-7 of the California Civil Code. E. REVENUE COLLECTION POLICY CONTRACTOR shall conform to all policies and procedures regarding revenue collection issued by the State under the provisions of the Health and Safety Code, Division 10.5. F. EXPENDITURE OF STATE GENERAL AND FEDERAL FUNDS CONTRACTOR agrees that all funds paid out by the State shall be used exclusively for providing alcohol and/or drug program services, administrative costs, and allowable overhead. G. ACCESS TO SERVICES CONTRACTOR shall provide accessible and appropriate services in accordance with Federal and State statutes and regulations to all eligible persons. H. REPORTS CONTRACTOR agrees to participate in surveys related to the performance of this Agreement and expenditure of funds and agrees to provide any such information in a mutually agreed upon format. I. AUDITS All State and Federal funds furnished to the CONTRACTOR(S) pursuant to this Agreement along with related patient fees, third party payments, or other related revenues and funds commingled with the foregoing funds are subject to audit by the State. The State may audit all alcohol and drug program revenue and expenditures contained in this Agreement for the purpose of establishing the basis for the subsequent year's negotiation. J. RECORDS MAINTENANCE 1) CONTRACTOR shall maintain books, records, documents, and other evidence necessary to monitor and audit this Agreement. 2) CONTRACTOR shall maintain adequate program and fiscal records relating to individuals served under the terms of this Agreement, as required, to meet the needs of the State in monitoring quality, quantity, fiscal accountability, and accessibility of services. Information on each individual shall include, but not be limited Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 3 Revised 11/14/18 to, admission records, patient and participant interviews and progress notes, and records of service provided by various service locations, in sufficient detail to make possible an evaluation of services provided and compliance with this Agreement. 3. FEDERAL CERTIFICATIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS A. DBH and CONTRACTOR recognize that Federal assistance funds will be used under the terms of this Agreement. For purposes of this section, DBH will be referred to as the "prospective recipient". B. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1) The prospective recipient of Federal assistance funds certifies by entering this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2) The prospective recipient of funds agrees by entering into this Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Federal department or agency with which this transaction originated. 3) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 4) The CONTRACTOR shall provide immediate written notice to DBH if at any time CONTRACTOR learns that its certification in this clause of this Agreement was erroneous when submitted or has become erroneous by reason of changed circumstances. 5) The prospective recipient further agrees that by entering into this Agreement, it will include a clause identical to this clause of this Agreement, and titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6) The certification in this clause of this Agreement is a material representation of fact upon which reliance was placed by COUNTY when this transaction was entered into. Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 4 Revised 11/14/18 C. CONTRACTOR shall not employ or subcontract with any party listed in the government wide exclusions in the System for Award Management (SAM) in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp. p. 189) and 12689 (3 CFR part 1989., p. 235), “Debarment and Suspension.” SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If CONTRACTOR employs or subcontracts an excluded party, DHCS has the right to withhold payments, disallow costs, or issue a CAP, as appropriate, pursuant to HSC Code 11817.8(h). 4. SMOKING PROHIBITION REQUIREMENTS CONTRACTOR shall comply with Public Law 103-227, also known as the Pro-Children Act of 1994 (20 USC Section 6081, et seq.), and with California Labor Code Section 6404.5, the California Smoke-Free Workplace Law. 5. CONFIDENTIALITY OATH CONTRACTOR shall ensure that all of its employees sign a written confidentiality oath, attached hereto as Attachment A, before they begin employment with CONTRACTOR and shall renew said document annually thereafter. CONTRACTOR shall retain each employee’s written confidentiality oath for COUNTY and DHCS inspection for a period of six (6) years following the termination of this agreement. 6. CULTURALLY COMPETENT SERVICES CONTRACTOR shall ensure equal access to quality care by diverse populations by adopting the federal Office of Minority Health Culturally and Linguistically Appropriate Service (CLAS) national standards and complying with 42 CFR 438.206(c)(2). CONTRACTOR shall promote the delivery of services in a culturally competent manner to all beneficiaries, including those with limited English proficiency and diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation or gender identity. 7. ADA CONSIDERATIONS CONTRACTOR shall ensure that physical access, reasonable accommodations, and accessible equipment for Medicaid beneficiaries with physical or mental disabilities are provided to all beneficiaries. 8. ADDITIONAL CONTRACT RESTRICTIONS This Contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress, or any statute enacted by the Congress, as well as federal or Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 5 Revised 11/14/18 state governments which may affect the provisions, terms, or funding of this Contract in any manner. 9. HATCH ACT CONTRACTOR shall comply with the provisions of the Hatch Act (Title 5 USC, Sections 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 10. UNLAWFUL USE OF DRUGS AND ALCOHOL OR UNLAWFUL USE MESSAGES CONTRACTOR shall ensure that information produced with Federal funds pertaining to drug and alcohol related programs contains a clearly written statement that there shall be no unlawful use of drugs or alcohol associated with the program. Additionally, CONTRACTOR shall ensure that no aspect of the program includes any message in materials, curricula, teachings, or promotion of the responsible use, if the use is unlawful, of drugs or alcohol pursuant to Health and Safety Code (HSC) 11999- 11999.3. CONTRACTOR must sign the Unlawful Use of Drugs and Alcohol Certification, attached hereto as Attachment B, incorporated herein by reference and made part of this Agreement agreeing to uphold the obligations of HSC 11999 – 11999.3. This agreement may be unilaterally terminated, without penalty, if CONTRACTOR or a subcontractor that is a private entity is determined to have violated a prohibition of the Unlawful Use of Drugs and Alcohol message or has an employee who is determined by the DBH Director or her designee to have violated a prohibition of the Unlawful Use of Drugs and Alcohol message. 11. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED SUBSTANCES CONTRACTOR shall ensure that none of the funds made available through this Agreement with COUNTY may be used for any activity that promotes the legalization of any drug or other substance included in Schedule I of Section 202 of the Controlled Substances Act (21 USC 812). 12. NONDISCRIMINATION AND INSTITUTIONAL SAFEGUARDS FOR RELIGIOUS CONTRACTORS CONTRACTOR shall establish such processes and procedures as necessary to comply with the provisions of Title 42, USC, Section 300x-65 and Title 42, CFR, Part 54 to prohibit discrimination against nongovernmental organizations and certain individuals on the basis of religion in the distribution of government funds to provide substance abuse services and to allow the organizations to accept the funds to provide the services to the individuals without impairing the religious character of the organizations or the religious freedom of the individuals. Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 6 Revised 11/14/18 13. COUNSELOR CERTIFICATION CONTRACTOR shall ensure that any counselor or registrant providing intake, assessment of need for services, treatment or recovery planning, individual or group counseling to participants, patients, or residents in a DHCS licensed or certified program is required to be certified as defined in Title 9, Division 4, Chapter 8. 14. INTRAVENOUS DRUG USE (IVDU) TREATMENT CONTRACTOR shall ensure that beneficiaries in need of IVDU treatment shall be encouraged to undergo AOD treatment adhering to provisions in 42 USC 300x- 23 and 45 CFR 96.126(e). DHCS shall monitor programs for compliance with this requirement. 15. TUBERCULOSIS TREATMENT CONTRACTOR shall ensure the following related to Tuberculosis (TB): A. Routinely make available TB services to each individual receiving treatment for AOD use and/or abuse. B.Reduce barriers to patients’ accepting TB treatment. C. Develop strategies to improve follow-up monitoring, particularly after patients leave treatment, by disseminating information through educational bulletins and technical assistance. 16. TRAFFICKING IN PERSONS PROVISIONS – PRIVATE ENTITY CONTRACTOR shall conform to all Federal statutes and regulations prohibiting trafficking in persons, as well as trafficking-related activities, including, but not limited to the trafficking of persons provisions in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) as amended by Section 1702. CONTRACTOR, CONTRACTOR’s employees, subrecipients, and subrecipients’ employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. This agreement may be unilaterally terminated, without penalty, if CONTRACTOR or a subrecipient that is a private entity is determined to have violated a prohibition of the TVPA or has an employee who is determined by the DBH Director or her designee to have violated a prohibition of the TVPA through conduct that is either associated with performance under the award or imputed to the CONTRACTOR or their subrecipient using the standards and due process for imputing the conduct of Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 7 Revised 11/14/18 an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement). CONTRACTOR must inform the DBH Director or her designee immediately of any information received from any source alleging a violation of a prohibition of the TVPA. CONTRACTOR must sign a certification annually acknowledging the Trafficking Victims Protection Act of 2000 requirements (TVPA Certification), attached hereto as Attachment C, incorporated herein by reference and made part of this Agreement and must require all employees to complete annual TVPA training. 17. BYRD ANTI-LOBBYING AMENDMENT CONTRACTOR certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. CONTRACTOR shall also disclose to DHCS any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. 18. NONDISCRIMINATION IN EMPLOYMENT AND SERVICES CONTRACTOR certifies that under the laws of the United States and the State of California, incorporated into the State-County Intergovernmental Agreement, CONTRACTOR shall not unlawfully discriminate against any person. 19. FEDERAL LAW REQUIREMENTS CONTRACTORS shall comply with the following Federal law requirements: A. Title VI of the Civil Rights Act of 1964, Section 2000d, as amended, prohibiting discrimination based on race, color, or national origin in federally funded programs. B. Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) prohibiting discrimination on the basis of race, color, religion, sex, handicap, familial status or national origin in the sale or rental of housing. C. Age Discrimination Act of 1975 (45 CFR Part 90), as amended (42 USC Sections 6101 – 6107), which prohibits discrimination on the basis of age. D. Age Discrimination in Employment Act (29 CFR Part 1625). Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 8 Revised 11/14/18 E. Title I of the Americans with Disabilities Act (29 CFR Part 1630) prohibiting discrimination against the disabled in employment. F. Americans with Disabilities Act (28 CFR Part 35) prohibiting discrimination against the disabled by public entities. G. Title III of the Americans with Disabilities Act (28 CFR Part 36) regarding access. H. Rehabilitation Act of 1973, as amended (29 USC Section 794), prohibiting discrimination on the basis of individuals with disabilities. I. Executive Order 11246 (42 USC 2000(e) et seq. and 41 CFR Part 60) regarding nondiscrimination in employment under federal contracts and construction contracts greater than $10,000 funded by federal financial assistance. J. Executive Order 13166 (67 FR 41455) to improve access to federal services for those with limited English proficiency. K. The Drug Abuse Office and Treatment Act of 1972, as amended, relating to nondiscrimination on the basis of drug abuse. L. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. 20. STATE LAW REQUIREMENTS CONTRACTOR shall comply with the following State law requirements: A. Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). B. Title 2, Division 3, Article 9.5 of the Government Code, commencing with Section 11135. C. Title 9, Division 4, Chapter 8, commencing with Section 10800. D. No state or Federal funds shall be used by COUNTY, or CONTRACTOR, for sectarian worship, instruction, and/or proselytization. No state funds shall be used by CONTRACTOR, or CONTRACTOR, to provide direct, immediate, or substantial support to any religious activity. E. Noncompliance with the requirements of nondiscrimination in services shall constitute grounds for state to withhold payments Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 9 Revised 11/14/18 under this Agreement or terminate all, or any type, of funding provided hereunder. 21.INFORMATION ACCESS FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY CONTRACTOR shall comply with all applicable provisions of the Dymally- Alatorre Bilingual Services Act (Government Code sections 7290-7299.8) regarding access to materials that explain services available to the public as well as providing language interpretation services. CONTRACTOR shall comply with the applicable provisions of Section 1557 of the Affordable Care Act (45 CFR Part 92), including, but not limited to, 45 CFR 92.201, when providing access to: A. Materials explaining services available to the public, B. Language assistance, C. Language interpreter and translation services, and D. Video remote language interpreting services. 22. INTERIM SERVICES CONTRACTOR must adhere to the State-County Contract requirement to provide Interim Services in the event that an individual must wait to be placed in treatment. Interim Substance Abuse Services means services that are provided until an individual is admitted to a substance abuse treatment program. The purposes of the services are to reduce the adverse health effects of such abuse, promote the health of the individual, and reduce the risk of transmission of disease. At a minimum, interim services include counseling and education about HIV and tuberculosis (TB), about the risks of needle-sharing, the risks of transmission to sexual partners and infants, and about steps that can be taken to ensure the HIV and TB transmission does not occur, as well as referral for HIV or TB treatment services if necessary. For pregnant women, interim services also include counseling on the effects of alcohol and drug use on the fetus, as well as referral for prenatal care. Records must indicate evidence that Interim Services have been provided and documentation will be reviewed for compliance. 23. CHARITABLE CHOICE CONTRACTOR may not discriminate in its program delivery against a client or potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice. Any specifically religious activity or service made available to individuals by the CONTRACTOR must be voluntary as well as separate in time and location from County funded activities and services. CONTRACTOR shall inform County as to whether it is faith-based. If CONTRACTOR Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 10 Revised 11/14/18 identifies as faith-based it must submit to DBH Contracts Division - SUD Services a copy of its policy on referring individuals to alternate treatment CONTRACTOR, and include a copy of this policy in its client admission forms. The policy must inform individuals that they may be referred to an alternative provider if they object to the religious nature of the program, and include a notice to SUD Services. Adherence to this policy will be monitored during annual site reviews, and a review of client files. If CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to report to SUD Services the number of individuals who requested referrals to alternate providers based on religious objection. In addition, CONTRACTOR shall comply with the provisions of Title 42, USC, Section 300x-65 and Title 42, CFR, Part 54. 24. MINIMUM QUALITY DRUG TREATMENT STANDARDS CONTRACTOR shall comply with the Minimum Quality Drug Treatment Standards for SABG for all Substance Use Disorder (SUD) treatment programs. The Minimum Quality Drug Treatment Standards are attached hereto and by this reference incorporated herein as Attachment D. 25. RISK ASSESSMENT CONTRACTOR shall comply with the sub-recipient pre-award risk assessment requirements contained in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. COUNTY, as the SABG first-tier sub- recipient, shall review the merit and risk associated with all potential grant second-tier sub- recipients (CONTRACTOR) annually prior to making an award. COUNTY shall perform and document annual subrecipient pre-award risk assessments for each CONTRACTOR and retain documentation for audit purposes. 26. CONTROL REQUIREMENTS Performance under this Agreement is subject to all applicable Federal and State laws, regulations and standards. In accepting the State drug and alcohol combined program allocation pursuant to California Health and Safety Code section 11757, CONTRACTOR shall establish written accounting procedures consistent with applicable Federal and State laws, regulations and standards, and shall be held accountable for audit exceptions taken by the State or COUNTY for failure to comply with these requirements. These requirements include, but may not be limited to, those set forth in this Agreement, and: A. HSC, Division 10.5, Part 2 commencing with Section 11760. B. Title 9, California Code of Regulations (CCR) (herein referred to as Title 9), Division 4, commencing with Section 9000. C. Government Code, Title 2, Division 4, Part 2, Chapter 2, Article 1.7. D. Government Code, Article 7, Federally Mandated Audits of Block Grant Funds Allocated to Local Agencies, Chapter 1, Part 1, Division 2, Title 5, commencing at Section 53130. E. Title 42 United State Code (USC), Sections 300x-21 through 300x- 31, 300x-34, 300x-53, 300x-57, and 330x-64 through 66. Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 11 Revised 11/14/18 F. Title 2, CFR 200 -The Uniform Administration Requirements, Cost Principles and Audit Requirements for Federal Awards. G. Title 45, Code of Federal Regulations (CFR), Sections 96.30 through 96.33 and Sections 96.120 through 96.137. H. Title 42, CFR, Sections 8.1 through 8.6. I. Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2, Subparts A - E). J. Title 21, CFR, Sections 1301.01 through 1301.93, Department of Justice, Controlled Substances. K. State Administrative Manual (SAM), Chapter 7200 (General Outline of Procedures). 27. DRUG FREE WORKPLACE CONTRACTOR shall comply with the requirements of the Drug-Free Work Place Act of 1990 (California Government Code section 8350). 28. YOUTH TREATMENT GUIDELINES CONTRACTOR shall follow the “Youth Treatment Guidelines,” available at the DHCS web address at: http://www.dhcs.ca.gov/individuals/Pages/youthSUDservices.aspx and by this reference incorporated herein, in developing and implementing youth treatment programs funded under this Agreement until such time new Youth Treatment Guidelines are established and adopted. No formal amendment of this contract is required for new guidelines to apply. 29. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996 If any of the work performed under this Agreement is subject to the HIPAA, CONTRACTOR shall perform the work in compliance with all applicable provisions of HIPAA. As identified in Exhibit F of the State County Intergovernmental Agreement, DHCS, COUNTY and CONTRACTOR shall cooperate to assure mutual agreement as to those transactions between them, to which this Provision applies. Refer to Exhibit F for additional information. A. Trading Partner Requirements 1) No Changes: CONTRACTOR hereby agrees that for the personal health information (PHI), it shall not change any definition, data condition or use of a data element or segment as proscribed in the federal Health and Human Services Transaction Standard Regulation [45 CFR Part 162915(a)]. 2) No Additions: CONTRACTOR hereby agrees that for PHI, it shall not add any data elements or segments to the maximum data set as proscribed in the HHS Transaction Standard Regulation [45CFR Part 162.915 (b)]. Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 12 Revised 11/14/18 3) No Unauthorized Uses: CONTRACTOR hereby agrees that for PHI, it shall not use any code or data elements that are marked ‘not used” in the in the HHS Transactions Implementation specification or are not in the HHS Transaction Standard’s implementation specification [45CFR Part 162.915 (c)]. 4) No Changes to Meaning or Intent: CONTRACTOR hereby agrees that for PHI, it shall not change the meaning or intent of the HHS Transaction Standard’s implementation specification [45CFR Part 162.915 (d)]. B. Concurrence for Test Modifications to HHS Transaction Standards CONTRACTOR agrees and understands that there exists the possibility that DHCS or others may request an extension from the uses of a standard in the HHS Transaction Standards. If this occurs, CONTRACTOR agrees that it shall participate in such test modifications. C. Adequate Testing CONTRACTOR is responsible to adequately test all business rules appropriate to their types and specialties. If the CONTRACTOR is acting as a clearinghouse for enrolled providers, CONTRACTOR has obligations to adequately test all business rules appropriate to each and every provider type and specialty for which they provide clearinghouse services. D. Deficiencies The CONTRACTOR agrees to cure transactions errors or deficiencies identified by DHCS, and transactions errors or deficiencies identified by an enrolled CONTRACTOR if the COUNTY is acting as a clearinghouse for that CONTRACTOR. If the CONTRACTOR is a clearinghouse, the CONTRACTOR agrees to properly communicate deficiencies and other pertinent information regarding electronic transactions to enrolled CONTRACTORS for which they provide clearinghouse services. E. Code Set Retention Both Parties understand and agree to keep open code sets being processed or used in this Agreement for a least the current billing period or any appeal period, whichever is longer. F. Data Transmission Log Both Parties shall establish and maintain a Data Transmission Log, which shall record any and all data transmissions taking place between the Parties during the term of this Agreement. Each Party shall take necessary and reasonable steps to ensure that such Data Transmission Logs constitute a current, accurate, complete and unaltered record of any and all Data Transmissions between the Parties, and shall be retained by each Party for no less than twenty-four (24) months following the date of the Data Transmission. The Data Transmission Log may be maintained on computer Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 Exhibit C 13 Revised 11/14/18 media or other suitable means provided that, if necessary to do so, the information contained in the Data Transmission Log may be retrieved in a timely manner and presented in readable form. Attachment A PROCUREMENT AGREEMENT NUMBER: P-22-073 Brain Wise Solutions Group Inc February 24, 2022 G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-073 BRAIN WISE SOLUTIONS GROUP INC\P-22-073 AGREEMENT BRAIN WISE SOLUTIONS GROUP INC.DOCX Contractor’s Response to County of Fresno Request for Proposal No. 22-022