HomeMy WebLinkAboutAgreement A-13-395-2 with Mental Health Systems Inc..pdf Agreement No. 13-395-2
1 AMENDMENT II TO AGREEMENT
2 THIS AMENDMENT is made and entered into this 24th day of May , 2016,
3 by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and MENTAL HEALTH SYSTEMS, INC., whose service
5 address is 3333 East American Avenue, Fresno, California, 93725, and whose remit to address is 9465
6 Farnham Street, San Diego, California, 92123, hereinafter referred to as "CONTRACTOR"
7 (collectively the "parties").
8 II WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
9 No. 13-395, effective July 1, 2013, as amended by Amendment I, identified as county Agreement No.
10 13-395-1 effective September 16, 2014, hereafter referred to collectively as the Agreement; and
11 WHEREAS, CONTRACTOR has agreed to provide substance use disorder treatment services
12 and mental health services for adolescents incarcerated at County's Juvenile Justice Campus (JJC) and
13 to provide intensive outpatient services for adolescents upon release from JJC; and
14 WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and
15 restate the Agreement in its entirety.
16 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
17 hereinafter set forth, the sufficiency of which is acknowledged,the parties agree as follows:
18 1. That the following text in the Agreement, Page Ten (10), beginning with Paragraph
19 Eleven (11), Line Twenty-Four (24) with the word "MODIFICATION"and ending on Page Eleven (11)
20 Line Three (3) with the word "herein" be deleted and the following inserted in its place:
21 "11. MODIFICATION
22 Any matters of this Agreement may be modified from time to time by the written
23 consent of all the parties without, in any way, affecting the remainder.
24 Notwithstanding the above, changes to services as needed to accommodate
25 changes in the law relating to mental health and substance use disorder treatment, as set forth in Exhibit
26 A-1 and A-2, may be made with the signed written approval of COUNTY's DBH Director or designee
27 and CONTRACTOR through an amendment approved by County Counsel and Auditor. Changes to line
28 items in the budget, as set forth in Exhibits C-1 and C-2, that do not exceed 10%of the maximum
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1 compensation payable to the CONTRACTOR, may be made with the written approval of COUNTY's
2 Department of Behavioral Health Director, or her designee. Changes to the line items in the budget that
3 exceed 10% of the maximum compensation payable to the CONTRACTOR, may be made with the
4 signed written approval of COUNTY's Department of Behavioral Health Director, or her designee
5 through an amendment approved by County Counsel and Auditor. Said budget line item changes shall
6 not result in any change to the annual maximum compensation amount payable to CONTRACTOR, as
7 stated in this Agreement."
8 2. That the following text in the Agreement, Page Seventeen (17), beginning with Paragraph
9 Twenty (20), Line Seventeen (17) with the word "COMPREHENSIVE" and ending on Page Eighteen
10 (18), Line Twenty-Two (22) with the link"(http://www.kenminkoff.com/ccisc.html)"be deleted in its
11 entirety. The remaining paragraphs (Paragraph Twenty-One(21) REFERENCES TO LAWS AND
12 RULES through Paragraph Thirty-Nine(39) COMPLAINTS) shall be renumbered sequentially to read
13 as Paragraphs Twenty (20)through Thirty-Eight(38).
14 3. That the following text in the Agreement, Page Twenty-Four(24), beginning with
15 Paragraph Twenty-Four(24), Line Three(3) with the word "CULTURAL" and ending on Page
16 Twenty-Five (25), Line Ten (10) with the word "accordingly" be deleted and the following inserted in
17 its place:
18 1124. CULTURAL COMPETENCY
19 As related to Cultural and Linguistic Competence,CONTRACTOR shall comply
20 with:
21 A. Title 6 of the Civil Rights Act of 1964 (42 U.S.C. section 2000d, and 45
22 C.F.R. Part 80)and Executive Order 12250 of 1979 which prohibits recipients of federal financial
23 assistance from discriminating against persons based on race, color, national origin, sex, disability or
24 religion. This is interpreted to mean that a limited English proficient(LEP) individual is entitled to equal
25 access and participation in federally funded programs through the provision of comprehensive and quality
26 bilingual services.
27 B. Policies and procedures for ensuring access and appropriate use of trained
28 interpreters and material translation services for all LEP consumers, including,but not limited to, assessing
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1 the cultural and linguistic needs of its consumers,training of staff on the policies and procedures,and
2 monitoring its language assistance program.The CONTRACTOR's procedures must include ensuring
3 compliance of any sub-contracted providers with these requirements.
4 C. CONTRACTOR shall not use minors as interpreters.
5 D. CONTRACTOR shall provide and pay for interpreting and translation
6 services to persons participating in CONTRACTOR's services who have limited or no English language
7 proficiency, including services to persons who are deaf or blind. Interpreter and translation services shall be
8 provided as necessary to allow such participants meaningful access to the programs, services and benefits
9 provided by CONTRACTOR. Interpreter and translation services, including translation of
10 CONTRACTOR's"vital documents"(those documents that contain information that is critical for
11 accessing CONTRACTOR's services or are required by law)shall be provided to participants at no cost to
12 the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or partners who
13 interpret or translate for a program participant, or who directly communicate with a program participant in a
14 language other than English,demonstrate proficiency in the participant's language and can effectively
15 communicate any specialized terms and concepts peculiar to CONTRACTOR's services.
16 E. In compliance with the State mandated Culturally and Linguistically
17 Appropriate Services standards as published by the Office of Minority Health, CONTRACTOR must
18 submit to COUNTY for approval,within 60 days from date of contract execution, CONTRACTOR's plan
19 to address all fifteen national cultural competency standards as set forth in the"National Standards on
20 Culturally and Linguistically Appropriate Services(CLAS)"attached hereto as Revised Exhibit D and
21 incorporated herein by reference. COUNTY's annual on-site review of CONTRACTOR shall include
22 collection of documentation to ensure all national standards are implemented. CONTRACTOR may solicit
23 complementary assistance from OnTrack Consulting(http://ontrackconsulting.org/news/culturally-
24 linguistically-appropriate-services for training in plan development. As the national competency
25 standards are updated, CONTRACTOR'S plan must be updated accordingly."
26 4. That the following text in the Agreement, Page Twenty-Five (25), beginning with
27 Paragraph Twenty-Five (25), Line Eleven (12)with the word "SINGLE"and ending on Page Twenty-
2 8 Five 25) Line Twenty-Two (22) with the word "collector" be deleted and the following inserted in its
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I place:
2 1125. SINGLE AUDIT CLAUSE
3 A. If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars
4 ($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct
5 an annual audit in accordance with the requirements of the Single Audit Standards as set forth in Office
6 of Management and Budget (OMB) Circular A-133. CONTRACTOR shall submit said audit and
7 management letter to COUNTY. The audit must include a statement of findings or a statement that
8 there were no findings. If there were negative findings, CONTRACTOR must include a corrective
9 action plan signed by an authorized individual. CONTRACTOR agrees to take action to correct any
10 material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to
11 COUNTY's Human Services Finance for review within nine (9)months of the end of any fiscal year in
12 which funds were expended and/or received for the program. Failure to perform the requisite audit
13 functions as required by this Agreement may result in COUNTY performing the necessary audit tasks,
14 or at COUNTY's option, contracting with a public accountant to perform said audit, or, may result in the
15 inability of COUNTY to enter into ftiture agreements with CONTRACTOR. All audit costs related to
16 this Agreement are the sole responsibility of CONTRACTOR.
17 B. A single audit report is not applicable if CONTRACTOR's Federal
18 contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or
19 CONTRACTOR'S only funding is through Drug related Medi-Cal. If a single audit is not applicable, a
20 program audit must be performed and a program audit report with management letter shall be submitted
21 by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's solvency.
22 Said audit report shall be delivered to COUNTY's Human Services Finance for review, no later than
23 nine(9) months after the close of the fiscal year in which the funds supplied through this Agreement are
24 expended. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks
25 or contracting with a qualified accountant to perform said audit. All audit costs related to this
26 Agreement are the sole responsibility of CONTRACTOR who agrees to take corrective action to
27 eliminate any material noncompliance or weakness found as a result of such audit. Audit work
28 performed by COUNTY under this section shall be billed to the CONTRACTOR at COUNTY's cost, as
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1 determined by COUNTY's Auditor-Controller/Treasurer-Tax Collector.
2 C. CONTRACTOR shall make available all records and accounts for
3 inspection by COUNTY, the State of California, if applicable,the Comptroller General of the United
4 States, the Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable
5 times for a period of at least three (3) years following final payment under this Agreement or the closure
6 of all other pending matters, whichever is later."
7 5. That the following text in the Agreement, Page Twenty-Six (26), beginning with
8 Paragraph Twenty-Seven (27), Section A, Line Eighteen (18) with the word "CONTRACTOR"and
9 ending on Page Twenty-Six (26), Line Twenty-Two (22) with the word "COUNTY"be deleted in its
10 entirety. The remaining Sections (Section B through Section F) in the Agreement shall be re-lettered
11 sequentially to read as Sections A through E.
12 6. That the following section be inserted into the existing COUNTY Agreement No. 13-395-
13 1 as Paragraph Forty-Nine (49). The remaining section Paragraph Forty-Nine (49) shall be renumbered
14 sequentially to read as Paragraph Fifty(50).
15 "49. TRAFFICKING IN PERSONS PROVISIONS—PRIVATE ENTITY
16 CONTRACTOR shall conform to all Federal statutes and regulations prohibiting
17 trafficking in persons, as well as trafficking-related activities, including, but not limited to the trafficking
18 of persons provisions in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA).
19 CONTRACTOR, CONTRACTOR's employees, subrecipients, and subrecipients'
20 employees may not:
21 A. Engage in severe forms of trafficking in person during the period of time
22 that the award is in effect;
23 B. Procure a commercial sex act during the period of time that the award is in
24 effect; or
25 C. Use forced labor in the performance of the award or subawards under the
26 award.
27 This agreement may be unilaterally terminated, without penalty, if
28 CONTRACTOR or a subrecipient that is a private entity is determined to have violated a prohibition of
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1 the TVPA or has an employee who is determined by the DBH Director or her designee to have violated
2 a prohibition of the TVPA through conduct that is either associated with performance under the award or
3 imputed to the CONTRACTOR or their subrecipient using the standards and due process for imputing
4 the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines
5 to Agencies on Government-wide Debarment and Suspension (Nonprocurement).
6 CONTRACTOR must inform the DBH Director or her designee immediately of
7 any information received from any source alleging a violation of a prohibition of the TVPA."
8 7. That all references in the Agreement to"Exhibit D" shall be changed to read "Revised
9 Exhibit D", which is attached hereto and incorporated herein by reference.
10 8. COUNTY and CONTRACTOR agree that this Amendment II is sufficient to amend
11 Agreement No. 13-395 and Amendment I No. 13-395-1, that upon execution of this Amendment It,
12 Agreement, Amendment I, and Amendment II together shall be considered the Agreement.
13 9. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
14 covenants, conditions, and promises contained in the Agreement and not amended herein shall remain in
15 full force and effect. This Amendment 11 shall be effective upon execution.
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1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment 11 to Agreement No.
2 13-395 as of the day and year first hereinabove written.
3 ATTEST:
4 CONTRACTOR
5
MENTAL HEALTH SYSTEMS,INC. COUNTY OF FRESNO
6
7
8 By B
Ernest Buddy Mende ,Chairman
9 ( Board of Supervisors
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10 Print Name:- ,
..
11 Title: '� 1 Jk Date: L
Chairman of the Board,or
12 President, or any Vice President
13
14
15 BERNICE E. SEIDEL, Clerk
Board of Supervisors
16 '
By i t _ By S1.lSo ) O�
17
18 Print Name: Date: 0- �
19 UV �l� ! ���
Title: i
20 Secretary of Cor oration,
21 any Assistant Secretary, or
Chief Operating Officer,
22 or Assistant Treasurer
23
24 Mailing Address:
Mental Health Systems, Inc.
25 9465 Farnham Street
San Diego, CA 92123
26 Contact: President
27
28
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1 APPROVED AS TO LEGAL FORM:
2 DANIEL C. CEDERBORG, COUNTY COUNSEL
3 ,ems�
4 By %.,�`"t
5
6 Date: ` Z-z _
7
8 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
9 TREASURER-TAX COLLECTOR
10
11 By
12
Date:
13
14 REVIEWED AND RECOMMENDED FOR
15 APPROVAL:
16
17 ze
By V l�il
18 Dawan Utecht, Director
19 Department of Behavioral Health
20 Date: __
21
22
23
Fund/Subclass: 000 I/10000
24 Account/Program: 7294/0
25
26
27
YI
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Revised Exhibit D
Page 1 of 1
National Standards for Culturally and Linguistically
Appropriate Services (CLAS) in Health and Health Care
The National CLAS Standards are intended to advance health equity, improve quality,and help eliminate health care
disparities by establishing a blueprint for health and health care organizations to:
Principal Standard:
1. Provide effective,equitable,understandable,and respectful quality care and services that are responsive to diverse
cultural health beliefs and practices, preferred languages,health literacy,and other communication needs.
Governance, Leadership, and Workforce:
2. Advance and sustain organizational governance and leadership that promotes CLAS and health equity through policy,
practices, and allocated resources.
3. Recruit, promote, and support a culturally and linguistically diverse governance, leadership, and workforce that are
responsive to the population in the service area.
4. Educate and train governance,leadership,and workforce in culturally and linguistically appropriate policies and
practices on an ongoing basis.
Communication and Language Assistance:
5. Offer language assistance to individuals who have limited English proficiency and/or other communication needs,at
no cost to them,to facilitate timely access to ail health care and services.
6. Inform all individuals of the availability of language assistance services clearly and in their preferred language,
verbally and in writing.
7. Ensure the competence of individuals providing language assistance,recognizing that the use of untrained individuals
and/or minors as interpreters should be avoided.
8. Provide easy-to-understand print and multimedia materials and signage in the languages commonly used by the
populations in the service area.
Engagement, Continuous Improvement,and Accountability:
9. Establish culturally and linguistically appropriate goals, policies, and management accountability, and infuse them
throughout the organization's planning and operations.
10. Conduct ongoing assessments of the organization's CLAS-related activities and integrate CLAS-related measures into
measurement and continuous quality improvement activities.
11. Collect and maintain accurate and reliable demographic data to monitor and evaluate the impact of CLAS on health
equity and outcomes and to inform service delivery.
12. Conduct regular assessments of community health assets and needs and use the results to plan and implement
services that respond to the cultural and linguistic diversity of populations in the service area.
13. Partner with the community to design, implement,and evaluate policies, practices,and services to ensure cultural
and linguistic appropriateness.
14. Create conflict and grievance resolution processes that are culturally and linguistically appropriate to identify,prevent,
and resolve conflicts or complaints.
15. Communicate the organization's progress in implementing and sustaining CLAS to all stakeholders, constituents,and
the general public.
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