HomeMy WebLinkAboutAgreement A-13-492-3 with BAART Behavioral Health Inc..pdf Agreement No. 13-492-3
1 AMENDMENT III TO AGREEMENT
2 THIS AMENDMENT is made and entered into this 20th day of ,tune , 2017,
3 by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and BAART BEHAVIORAL HEALTH, INC., a California
5 Corporation, whose remit to and mailing address is Dept 8087, P.O. Box 650002, Dallas, TX 75265-
E 0002, hereinafter referred to as "CONTRACTOR".
7 WHEREAS,the parties entered into that certain Agreement, identified as COUNTY Agreement
8 No. A-13-492, effective July lst, 2013, as amended by Amendment I, identified as COUNTY
9 Agreement No. 13-492-1 effective September 23, 2014, as amended by Amendment II, identified as
10 COUNTY Agreement No. 13-492-2 effective July, 1, 2015, hereafter referred to collectively as the
11 Agreement; and
12 WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and
13 restate the Agreement in its entirety.
14 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
15 hereinafter set forth,the sufficiency of which is acknowledged, the parties agree as follows:
16 1. That Paragraph Forty-Four(44) Trafficking In Persons Provisions—Private Entity
17 —of the Agreement, added by Amendment II, is deleted in its entirety and the following inserted in its
18 place:
19 1144. TRAFFICKING IN PERSONS PROVISIONS—PRIVATE ENTITY
20 CONTRACTOR shall conform to all Federal statutes and regulations prohibiting
21 trafficking in persons, as well as trafficking-related activities, including, but not limited to the trafficking
22 of persons provisions in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) as
23 amended by Section 1702.
24 CONTRACTOR, CONTRACTOR's employees, subrecipients, and subrecipients'
25 employees may not:
26 A) Engage in severe forms of trafficking in persons during the period of time that the
27 award is in effect;
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1 - COUNTY OF FRESNO
Fresno, CA
1 B) Procure a commercial sex act during the period of time that the award is in effect;
2 or
3 C) Use forced labor in the performance of the award or subawards under the award.
4 This agreement may be unilaterally terminated, without penalty, if CONTRACTOR or a
5 subrecipient that is a private entity is determined to have violated a prohibition of the TVPA or has an
6 employee who is determined by the DBH Director or her designee to have violated a prohibition of the
7 TVPA through conduct that is either associated with performance under the award or imputed to the
8 CONTRACTOR or their subrecipient using the standards and due process for imputing the conduct of
9 an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies
10 on Government-wide Debarment and Suspension (Nonprocurement).
11 CONTRACTOR must inform the DBH Director or her designee immediately of any
12 information received from any source alleging a violation of a prohibition of the TVPA.
13 CONTRACTOR must sign a certification annually acknowledging the Trafficking
14 Victims Protection Act of 2000 requirements (TVPA Certification), attached hereto as Exhibit E,
15 incorporated herein by reference and made part of this Agreement and must require all employees to
16 complete annual TVPA training".
17 2. That the following paragraphs are being added to the Agreement as Paragraphs Forty Five
18 (45) to Forty-Seven (47). The remaining Paragraphs (Paragraph Forty-Five (45) "GOVERNING
19 LAW"and Paragraph Forty-Six (46) "ENTIRE AGREEMENT") shall be re-numbered sequentially
20 to read as Paragraphs Forty-Eight(48) and Forty-Nine (49).
21 "45. UNLAWFUL USE OF DRUGS AND ALCOHOL
22 CONTRACTOR shall ensure that information provided to clients contains a clearly written
23 statement that there shall be no unlawful use of drugs or alcohol associated with CONTRACTOR.
24 Additionally CONTRACTOR shall ensure that no aspect of the program includes any message in
25 materials,curricula, teachings, or promotion of the responsible use, if the use is unlawful,of drugs or
26 alcohol pursuant to Health and Safety Code(HSC) 11999-11999.3. CONTRACTOR shall maintain that
27 any unlawful use of drugs and alcohol is illegal and dangerous.
28 CONTRACTOR must sign the"Unlawful Use of Drugs and Alcohol Certification", attached
- 2 - COUNTY OF FRESNO
Fresno, CA
1 hereto as Exhibit F, incorporated herein by reference and made part of this Agreement agreeing to uphold
2 the obligations of HSC 11999— 11999.3.
3 COUNTY shall enforce the requirement of"No Unlawful Use"set forth by DHCS and
4 requires CONTRACTOR to enforce the requirement as well.
5 This agreement may be unilaterally terminated,without penalty, if CONTRACTOR or a
6 subcontractor that is a private entity is determined to have violated a prohibition of the Unlawful Use of
7 Drugs and Alcohol message or has an employee who is determined by the DBH Director or her designee to
8 have violated a prohibition of the Unlawful Use of Drugs and Alcohol message.
9 46. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
10 CONTRACTOR shall adhere to the State-County Contract requirement that no funds shall
11 be
12 used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any
13 illegal drug unless the DHCS chooses to implement a demonstration syringe services program for
14 intravenous drug users.
15 47. CONFIDENTIALITY OATH
16 CONTRACTOR shall ensure that all of its employees sign a written confidentiality
17 oath, attached hereto as Exhibit G,before they begin employment with CONTRACTOR and shall renew
18 said document annually thereafter. CONTRACTOR shall retain each employee's written confidentiality
19 oath for COUNTY and DHCS inspection for a period of six(6)years following the termination of this
20 agreement."
21 3. COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend the
22 Agreement; and that upon execution of this Amendment III, Agreement 13-492, Amendment I,
23 Amendment II and Amendment III together shall be considered the Agreement.
24 4. The Agreement, as hereby amended, is ratified and continued. All provisions,terms,
25 covenants, conditions, and promises contained in the Agreement and not amended herein shall remain in
26 full force and effect. This Amendment III shall be effective July 1, 2017.
27
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- 3 - COUNTY OF FRESNO
Fresno, CA
i
1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment III to Ageement
2 No. A-16-295 as of the day and year first hereinabove written.
3
4 ATTEST:
5 PROVIDER
6 BAART BEHAVIORAL HEALTH,INC. COUNTY OF FRESNO
7
8 BY Y B _ L
9 Brian Pacheco, Chairman
Board of Supervisors
10 Print Name: f r
J0
11
�i _ %o -a O - I.�
Title: f/� � i Date:P _
12 Chairman of the Board, or
13 President,or any Vice President
14
15 BERNICE E. SEIDEL, Clerk
Board of Supervisors
16
17
By
Byl
18
Print Name: « ��/ Date:
19
20 Title: r an
Secretary ot Corporation,
21 any Assistant Secretary, or
22 Chief Financial Officer, or
Assistant Treasurer
23
24
25
26
27
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- 4 - COUNTY OF FRESNO
Fresno, CA
1 APPROVED AS TO LEGAL FORM:
DANIEL CEDERBORG, COUNTY COUNSEL
2
3
4 BY /t
5
Date:
6
7 OSCAR J. GARCIA, C.P.A., AUDITOR-CONTROLLER/
8 TREASURER-TAX COLLECTOR
9
10 BY
Date:
12
13
REVIEWED AND RECOMMENDED FOR
14 APPROVAL:
15
16 BY Aa'�. 2t eld-
Dawan Utecht, Director
17 Department of Behavioral Health
18
19
Date: 5_1tq 1 f"7
20
21 The following is for COUNTY's use:
22 Fund/Subclass: 0001/10000
23 Organization: 56302081
24 Account/Program: 7295/0
25
26
27
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jc
- 5 - COUNTY OF FRESNO
Fresno, CA
Exhibit E
Page Iof1
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
CERTIFICATION
as an authorized agent of
( ritNm )
I t) , - , acknowledge the requirement to
(Organization Name)
comply with the Trafficking Victims Protection Act of 2000 (TVPA), specifically Section
106(g), which authorizes the County of Fresno to terminate a contract, without penalty,
if this organization or its employees, or a subcontractor or its employees:
• Engages in severe forms of trafficking in persons during the period of time that
the award is in effect;
• Procures a commercial sex act during the period of time that the award in in
effect; or
• Uses forced labor in the performance of the award or subawards under the
award.
I understand that the TVPA establishes human trafficking and related offenses
as federal crimes and attaches severe penalties to them. I will immediately inform the
County of Fresno, Department of Behavioral Health, Contracts Division —Substance
Use Disorder (SUD) Services immediately of any information received from any
source alleging a violation of the TVPA by either this organization or its employees, or
a subcontractor or its employees during the term of this contract.
I understand that this organization is obligated to ensure any subcontractors are
informed of the requirements of the TVPA and, if found in violation, will be immediately
terminated. I agree to submit this signed certification annually on behalf of the
organization acknowledging requirements under the TVPA and attesting that all
employees will receive annual TVPA training, and that documentation of training will
be placed in personne 'I
Signature: Date: 57 /1'7'°
Title: o �Ze re A'A'
Exhibit F
Page 1 of 1
UNLAWFUL USE OF DRUGS AND ALCOHOL
CERTIFICATION
I, ✓t e( � rf! , as an authorized agent of
(Pr'nt am )
V ,4. 0, , acknowledge the requirement to
(Organization Name)
comply with California HSC 11999-11999.3, which authorizes the County of Fresno to
terminate a contract, without penalty, if this organization or its employees, or a
subcontractor or its employees fail to ensure that:
• The program contains a component that clearly explains in written materials
that there shall be no unlawful use of drugs or alcohol. No aspect of a drug- or
alcohol-related program shall include any message on the responsible use, if
the use is unlawful, of drugs or alcohol;
• All aspects of a drug- or alcohol-related program are consistent with the "no
unlawful use" message, including, but not limited to, program standards,
curricula, materials, and teachings; and
• The "no unlawful use" of drugs and alcohol message contained in drug- or
alcohol-related programs applies to the use of drugs and alcohol prohibited by
law.
I understand that the State of California enforces an Unlawful Use policy in
which there is zero tolerance for promoting the unlawful use of and drugs or alcohol in
an AOD treatment facility. If this organization fails to satisfy the guidelines adopted by
the State of California, the drug or alcohol program shall not receive state funds and
their contract with Fresno County will be terminated.
I understand that this organization is obligated to ensure any subcontractors are
informed of the requirements of HSC 11999-11999.3 and, if found in violation, will be
immediately ter inate
Signature: C '" Date:
�-//2 ,r7
f
Title: J�0,01 d'f'� �j
eo�r
County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
DAWAN UTECHT
DIRECTOR
EXHIBIT G
PRIVACY AND SECURITY AGREEMENT REGARDING AUTHORIZED ACCESS TO
CONFIDENTIAL PROTECTED HEALTH INFORMATION FOR FRESNO COUNTY DEPARTMENT
OF BEHAVIORAL HEALTH(DBH)EMPLOYEES AND/OR NON-DBH SUD SERVICES
WORKFORCE MEMBERS
OATH OF CONFIDENTIALITY
As a condition of obtaining access to any 11r tected Health Information(PHI)that is necessary to carry
out my function with DBH,I . ; ,agree to not divulge any PHI to
unauthorized persons.Furthermore,I maintain that I will not publish or otherwise make public any
information regarding persons who receive Substance Use Disorder Services such that the persons who
receive or have received such services are identifiable.
Access to such data shall be limited to Fresno County DBH personnel,subcontractors,and
subcontractors'personnel who require this information in the performance of their duties and have signed
an Oath of Confidentiality with DBH.
By signing this oath,I agree to uphold the security and confidentiality requirements outlined by the Medi-
Cal Privacy and Security Agreement signed by DBH,surveillance and safeguarding announcements
issued by DHCS,and other applicable terms and stipulations provided by the HIPAA doctrine as well as
other relevant state and federal regulations.
I hereby certify my understanding of the need to:
1. Exercise due care to preserve data integrity and confidentiality.
2. Treat passwords and user accounts as confidential information.
3. Take reasonable precautions to ensure the protection of PHI from unauthorized access.
4. Notify CMHDMEDS@dhcs.ca.gov and iso@dhcs.ca.gov of a possible security violation
including unauthorized access to PHI.
I recognize that unauthorized release of confidential information may make me subject to civil and
criminal sanctions pursuant to the provisions of the Welfare and Institutions Code Section 14100.2,
Welfare and Institutions Code Section 5328 et seq. and the Health Insurance Portability and
Accountability Act of 1996(HIPAA). I further acknowledge that the unauthorized release of confidential
information as described in this document may result in disciplinary action up to and including
termination of any office of employment or contract.
Agency Name % - " r v'. / ` shy g"S p c
Sign tore: Date: /{ fp j(J(j
,�J J • 0/ f/ ) .71
3133 N MilIbrook,Fresno,California 93703
FAX(559)600-7673 www.co.fresno.ca.us
The County of Fresno is an Equal Employment Opportunity Employer