HomeMy WebLinkAboutAgreement A-23-240 Amendment III to Agreement with YLI.pdf Agreement No. 23-240
1 AMENDMENT III TO AGREEMENT
2 THIS AMENDMENT, hereinafter referred to as "Amendment III", is made and entered into this
3 6th day of June 2023, by and between the COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, hereinafter referred to as "COUNTY", and YOUTH
5 LEADERSHIP INSTITUTE, a California non-profit corporation, whose address is 209 91" Street, Suite
6 200, San Francisco, CA 94103-6800, hereinafter referred to as "CONTRACTOR" (collectively the
7 "parties").
8 WHEREAS, COUNTY and CONTRACTOR entered into that certain Agreement, identified as
9 COUNTY Agreement No. 21-270, effective July 13, 2021, COUNTY Amendment No. 22-165,
10 effective April 19, 2022, and COUNTY Amendment No. 22-268, effective June 21, 2022, herein
11 collectively referred to as the Agreement, whereby, CONTRACTOR agreed to provide substance use
12 disorder primary prevention services for Fresno County youth and young adults ages 10-20; and
13 WHEREAS, the California Department of Health Care Services (DHCS) has issued new
14 requirements; and
15 WHEREAS, the parties desire to amend the Agreement regarding changes as stated below
16 and restate the Agreement in its entirety.
17 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
18 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
19 1. That in the existing COUNTY Agreement, beginning on Page One (1), Line Twenty-Five
20 (25) beginning with "B." and ending on Page One (1) Line Twenty-Eight (28) with "Agreement" be
21 deleted in its entirety and replaced with the following:
22 "B. CONTRACTOR shall align program, services, and practices with the vision and
23 mission within Exhibit B, DBH Guiding Principles of Care Delivery, attached hereto and by this
24 reference incorporated herein. Contractor may be required to utilize and integrate clinical tools such
25 as Reaching Recovery at DBH's discretion. Employees involved in a crisis incident should be offered
26 appropriate Employee Assistance Program (EAP) or similar related wellness and recovery
27 assistance. In conjunction with the County DBH's Guiding Principles of Care Delivery and wellness of
28 the workforce, Contractors shall align their practices around this vision and ensure needed debriefing
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1 services are offered to all employees involved in a crisis incident. Employees shall be afforded all
2 services to strengthen their recovery and wellness related to the crisis incident. Appropriate follow-up
3 with the employee shall be carried out and a plan for workforce wellness shall be submitted to the
4 County's DBH."
5 2. That Section Ten (10), of the Agreement beginning on Page Eight (8), Line Twenty-One
6 (21) through Page Nine (9) Line Three (3), is deleted in its entirety and replaced with the following:
7 "10. HOLD HARMLESS
8 The Contractor shall indemnify and hold harmless and defend the County (including its
9 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs,
10 expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County,
11 the Contractor, or any third party that arise from or relate to the performance or failure to perform by
12 the Contractor (or any of its officers, agents, subcontractors, or employees) under this Agreement.
13 The County may conduct or participate in its own defense without affecting the Contractor's obligation
14 to indemnify and hold harmless or defend the County. This clause survives the termination of this
15 Agreement."
16 3. That Section Thirteen (13) of the Agreement, beginning on Page Twelve (12), Line Four
17 (4) and ending on Page Thirteen (13), Line Nineteen (19) be deleted in its entirety and replaced with
18 the following:
19 "13. DATA SECURITY
20 CONTRACTOR shall comply with all the data security requirements in Exhibit L to this
21 Agreement. Exhibit L is attached and incorporated by this reference."
22 4. That in the existing COUNTY Agreement, beginning on Page Fifteen (15), Line Thirteen
23 (13) beginning with "C." and ending on Page Fifteen (15) Line Fifteen (15) with "reference" be deleted
24 in its entirety and replaced with the following:
25 "C. CONTRACTOR shall comply with requirements stated within the SABG
26 Application as listed in Revised Exhibit D, SABG Specific Requirements, attached hereto and by this
27 reference incorporated herein; and with all other provisions set forth in the SABG Application, made
28 available by the Department of Behavioral Health (DBH) at the following web address and by this
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1 reference incorporated herein: https://www.co.fresno.ca.us/departments/behavioral-health/home/for-
2 providers/contractproviders/substance-use-disorder-providers. CONTRACTOR is referred to therein
3 as "Subcontractor" and COUNTY is referred to therein as "Contractor.
4 CONTRACTOR shall comply with requirements contained in the SABG
5 Application with DHCS, until such time that a new SABG Application is approved. Upon amendment
6 of the SABG Application, the terms of such amendment shall automatically be incorporated into this
7 Agreement."
8 5. That all text in reference to "Exhibit D" shall be changed to read "Revised Exhibit D",
9 which is attached hereto and incorporated herein by this reference.
10 6. That in the existing COUNTY Agreement, beginning on Page Nineteen (19), Line
11 Twenty-Two (22) beginning with the word "COUNTY" and ending on Page Nineteen (19) Line
12 Twenty-Five (25) with "CONTRACTOR" be deleted in its entirety and replaced with the following:
13 "COUNTY shall recapture from CONTRACTOR the value of any services or other
14 expenditures determined to be ineligible based on the COUNTY or State monitoring results. The
15 COUNTY reserves the right to enter into a repayment agreement with CONTRACTOR, with total
16 monthly payments not to exceed twelve (12) months from the date of the repayment agreement, to
17 recover the amount of funds to be recouped. The COUNTY has the discretion to extend the
18 repayment plan up to a total of twenty-four (24) months from the date of the repayment agreement.
19 The repayment agreement may be made with the signed written approval of COUNTY's DBH
20 Director, or his or her designee, and respective CONTRACTOR through a repayment agreement. The
21 monthly repayment amounts may be netted against the CONTRACTOR's monthly billing for services
22 rendered during the month, or the COUNTY may, in its sole discretion, forego a repayment
23 agreement and recoup all funds immediately. This remedy is not exclusive, and COUNTY may seek
24 requital from any other means, including, but not limited to, a separate contract or agreement with
25 CONTRACTOR."
26 7. That Section Thirty-One (31) of the Agreement, beginning on Page Twenty-Five (25),
27 Line Twenty-Five (25) through Page Twenty-Six (26) Line Five (5), is deleted in its entirety and
28 replaced with the following:
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1 "31. PROHIBITION ON PUBLICITY
2 None of the funds, materials, property or services provided directly or indirectly under
3 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
4 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
5 Notwithstanding the above, publicity of the services described in Section One (1), SERVICES, of this
6 Agreement shall be allowed as necessary to raise public awareness about the availability of such
7 specific services when approved in advance by the DBH Director, or his or her designee, and at a
8 cost to be provided for such items as written/printed materials, the use of media (i.e., radio, television,
9 newspapers) and any other related expense(s). Communication products must follow DBH graphic
10 standards, including typefaces and colors, to communicate our authority and project a unified brand.
11 This includes all media types and channels and all materials on and offline that are created as part of
12 DBH's efforts to provide information to the public.
13 CONTRACTOR shall notify COUNTY of any community event of which CONTRACTOR
14 is the primary organizer at least thirty (30) days in advance of said event. CONTRACTOR shall
15 disclose and supply COUNTY with all written/printed/digital materials and media used in the
16 marketing and operation of this event. CONTRACTOR shall provide all materials to COUNTY at least
17 two weeks prior to the date of the event. COUNTY reserved the right to review and approve all
18 CONTRACTOR submitted materials."
19 8. COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend the
20 Agreement, and that upon execution of this Amendment III, the Agreement, Amendment I,
21 Amendment II, and this Amendment III together shall be considered the Agreement.
22 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
23 covenants, conditions and promises contained in the Agreement and not amended herein shall
24 remain in full force and effect.
25
26
27
28
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment III to
2 COUNTY Agreement as of the day and year first hereinabove written.
3
4 YOU LEADERSHIP INSTITUTE COUNTY OF FRESNO
5
(Authorized Signature) S Quit ro, hairman of the Board of
6 S or the County of Fresno
7 Patricia Barahona, CEO
Print Name &Title
8
9 209 9th Street, Suite 200
10 San Francisco, CA 94103
11 Mailing Address ATTEST:
12 Bernice E. Seidel
Clerk of the Board of Supervisors
13 County of Fresno, State of California
14 By: A9�ujy"C' 4'..'
15 ( thorized Signature) Deputy
16 Joninna S. Simpson
Print Name
17
Chief Financial Officer
18 Title: Secretar
y (of Corporation), or
19 any Assistant Secretary, or
Chief Financial Officer, or
20 any Assistant Treasurer
21
FOR ACCOUNTING USE ONLY:
22
Fund: 0001
23 Subclass: 10000
ORG: 56302081
24 Account: 7295
25
Funding Source FY21/22 FY22/23 FY 23/24 FY 24/25 FY 25/26
26 SABG $1,219,352 $1,234,352 $1,234,352 $1,219,352 $1,219,352
CRRSAA $50,000
27 ARPA $300,288 $300,288 $300,289
Total $1,269,352 $1,534,640 $1,534,640 $1,519,641 $1,219,352
28
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Exhibit B - Page 1 of 4
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
DBH VISION:
Health and well-being for our community.
DBH MISSION:
The Department of Behavioral Health is dedicated to supporting the wellness of individuals,
families and communities in Fresno County who are affected by, or are at risk of, mental illness
and/or substance use disorders through cultivation of strengths toward promoting recovery in
the least restrictive environment.
DBH GOALS:
Quadruple Aim
• Deliver quality care
• Maximize resources while focusing on efficiency
• Provide an excellent care experience
• Promote workforce well-being
GUIDING PRINCIPLES OF CARE DELIVERY:
The DBH 11 principles of care delivery define and guide a system that strives for excellence in the
provision of behavioral health services where the values of wellness, resiliency, and recovery are
central to the development of programs, services, and workforce. The principles provide the
clinical framework that influences decision-making on all aspects of care delivery including
program design and implementation, service delivery, training of the workforce, allocation of
resources, and measurement of outcomes.
1. Principle One -Timely Access & Integrated Services
o Individuals and families are connected with services in a manner that is streamlined,
effective, and seamless
o Collaborative care coordination occurs across agencies, plans for care are integrated,
and whole person care considers all life domains such as health, education,
employment, housing, and spirituality
o Barriers to access and treatment are identified and addressed
o Excellent customer service ensures individuals and families are transitioned from one
point of care to another without disruption of care
1
rev 2017 Dec
Exhibit B - Page 2 of 4
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
2. Principle Two - Strengths-based
o Positive change occurs within the context of genuine trusting relationships
o Individuals, families, and communities are resourceful and resilient in the way they
solve problems
o Hope and optimism is created through identification of, and focus on, the unique
abilities of individuals and families
3. Principle Three - Person-driven and Family-driven
o Self-determination and self-direction are the foundations for recovery
o Individuals and families optimize their autonomy and independence by leading the
process, including the identification of strengths, needs, and preferences
o Providers contribute clinical expertise, provide options, and support individuals and
families in informed decision making, developing goals and objectives, and identifying
pathways to recovery
o Individuals and families partner with their provider in determining the services and
supports that would be most effective and helpful and they exercise choice in the
services and supports they receive
4. Principle Four- Inclusive of Natural Supports
o The person served identifies and defines family and other natural supports to be
included in care
o Individuals and families speak for themselves
o Natural support systems are vital to successful recovery and the maintaining of
ongoing wellness; these supports include personal associations and relationships
typically developed in the community that enhance a person's quality of life
o Providers assist individuals and families in developing and utilizing natural supports.
5. Principle Five - Clinical Significance and Evidence Based Practices (EBP)
o Services are effective, resulting in a noticeable change in daily life that is measurable.
o Clinical practice is informed by best available research evidence, best clinical
expertise, and client values and preferences
o Other clinically significant interventions such as innovative, promising, and emerging
practices are embraced
2
rev 2017 Dec
Exhibit B - Page 3 of 4
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
6. Principle Six- Culturally Responsive
o Values, traditions, and beliefs specific to an individual's or family's culture(s) are
valued and referenced in the path of wellness, resilience, and recovery
o Services are culturally grounded, congruent, and personalized to reflect the unique
cultural experience of each individual and family
o Providers exhibit the highest level of cultural humility and sensitivity to the self-
identified culture(s) of the person or family served in striving to achieve the greatest
competency in care delivery
7. Principle Seven -Trauma-informed and Trauma-responsive
o The widespread impacts of all types of trauma are recognized and the various
potential paths for recovery from trauma are understood
o Signs and symptoms of trauma in individuals, families, staff, and others are recognized
and persons receive trauma-informed responses
o Physical, psychological and emotional safety for individuals, families, and providers is
emphasized
8. Principle Eight - Co-occurring Capable
o Services are reflective of whole-person care; providers understand the influence of
bio-psycho-social factors and the interactions between physical health, mental health,
and substance use disorders
o Treatment of substance use disorders and mental health disorders are integrated; a
provider or team may deliver treatment for mental health and substance use
disorders at the same time
9. Principle Nine - Stages of Change, Motivation, and Harm Reduction
o Interventions are motivation-based and adapted to the client's stage of change
o Progression though stages of change are supported through positive working
relationships and alliances that are motivating
o Providers support individuals and families to develop strategies aimed at reducing
negative outcomes of substance misuse though a harm reduction approach
o Each individual defines their own recovery and recovers at their own pace when
provided with sufficient time and support
3
rev 2017 Dec
Exhibit B - Page 4 of 4
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
10. Principle Ten - Continuous Quality Improvement and Outcomes-Driven
o Individual and program outcomes are collected and evaluated for quality and efficacy
o Strategies are implemented to achieve a system of continuous quality improvement
and improved performance outcomes
o Providers participate in ongoing professional development activities needed for
proficiency in practice and implementation of treatment models
11. Principle Eleven - Health and Wellness Promotion, Illness and Harm Prevention, and Stigma
Reduction
o The rights of all people are respected
o Behavioral health is recognized as integral to individual and community well-being
o Promotion of health and wellness is interwoven throughout all aspects of DBH services
o Specific strategies to prevent illness and harm are implemented at the individual,
family, program, and community levels
o Stigma is actively reduced by promoting awareness, accountability, and positive
change in attitudes, beliefs, practices, and policies within all systems
o The vision of health and well-being for our community is continually addressed
through collaborations between providers, individuals, families, and community
members
4
rev 2017 Dec
Revised Exhibit D
Page 1 of 15
SUBSTANCE ABUSE PREVENTION AND TREATMENT (SABG)
SPECIFIC REQUIREMENTS
Fresno County, through the Department of Behavioral Health, makes Substance Use Disorder
(SUD)treatment services available throughout the county to eligible persons served through funds
provided under a Substance Abuse Block Grant(SABG)with the California Department of Health
Care Services. The County, and all contracted providers, must comply with the terms of the SABG
application, and any amendments thereto, including but not limited to the following:
1. 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. CONFIDENTIALITY
CONTRACTOR shall conform to and COUNTY shall monitor compliance with
all State of California and Federal statutes and regulations regarding confidentiality, including but not
limited to confidentiality of information requirements at 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.
CONTRACTOR shall ensure that all of its employees sign a written
Confidentiality Oath, attached hereto as Exhibit K, 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.
D. 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.
E. 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
Revised 02/03/22
Revised Exhibit D
Page 2 of 15
overhead.
F. ACCESS TO SERVICES
CONTRACTOR shall provide accessible and appropriate services in
accordance with Federal and State statutes and regulations to all eligible persons.
G. 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.
H. 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.
I. 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 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) CONTRACTOR shall include in any contract with an audit firm a
clause to permit access by DHCS to the working papers of the external independent auditor and
require that copies of the working papers shall be made for DHCS at its request.
2. CONTROL REQUIREMENTS
Performance under this Agreement is subject to all applicable Federal and State laws,
regulations and standards. CONTRACTOR(S) shall establish written procedures consistent with
the Control 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.
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, State
Government's Role to Alleviate Problems Related to the Inappropriate Use of Alcoholic
Beverages and Other Drug Use.
B. California Code of Regulations (CCR), Title 9, Division 4, commencing with
Chapter 1(herein referred to as Title 9).
Revised 02/03/22
Revised Exhibit D
Page 3 of 15
C. Government Code (GC), Title 2, Division 4, Part 2, Chapter 2, Article 1.7,
Federal Block Grant Funds.
D. GC, Title 5, Division 2, Part 1, Chapter 1, Article 7, Federally Mandated
Audits of Block Grant Funds Allocated to Local Agencies, commencing with Section 53130.
E. United State Code (USC), Title 42, Chapter 6A, Subchapter XVII, Part B,
Subpart ii, commencing with Section 300x-21, Block Grants for Prevention and Treatment of
Substance Abuse.
F. Code of Federal Regulations (CFR), Title 45, Part 75, Uniform
Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards.
G. CFR, Title 45, Part 96, Block Grants.
H. CFR, Title 42, Part 2, Confidentiality of Substance Use Disorder Patient
Records.
I. Title 42, CFR, Part 8, Medication Assisted Treatment for Opioid Use
Disorders.
J. CFR, Title 21, Chapter 11, Drug Enforcement Administration, Department of
Justice.
K. State Administrative Manual (SAM), Chapter 7200, General Outline of
Procedures.
3. MINIMUM QUALITY DRUG TREATMENT STANDARDS
CONTRACTOR shall comply with the Minimum Quality Drug Treatment Standards
for SABG for all SUD treatment programs. The Minimum Quality Drug Treatment Standards are
attached hereto and by this reference incorporated herein as Attachment A.
4. SALARY RESTRICTION
CONTRACTOR agrees that no part of any federal funds provided under this
Contract shall be used by CONTRACTOR to pay the salary and wages of an individual at a rate
in excess of Level II of the Executive Schedule as found online at:
https://grants.nih.gov/qrants/policy/salcap summary.htm.
Executive salaries shall be provided to COUNTY in the annual Provider Risk
Assessment and/or upon request.
SABG funds used to pay a salary in excess of the rate of basic pay for Level I of the
Executive Schedule shall be subject to disallowance. The amount disallowed shall be determined
by subtracting the individual's actual salary from the Level I rate of basic pay and multiplying the
result by the percentage of the individual's salary that was paid with SABG funds (Reference:
Terms and Conditions of the SABG award).
Note that indirect costs can only be allocated to SABG contracted services using
any of the following cost allocation methodologies; percentage of direct cost, percentage of direct
salary cost, or federally-approved indirect cost rate.
Revised 02/03/22
Revised Exhibit D
Page 4 of 15
5. PERINATAL PRACTICE GUIDELINES
CONTRACTOR shall comply with the perinatal program requirements as outlined in
the current version of the Perinatal Practice Guidelines available online at:
https://www.dhcs.ca.gov/individuals/Pages/Perinatal-Services.aspx
6. RESTRICTIONS ON USE OF SUBSTANCE ABUSE BLOCK GRANT (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 person served's file for review.
7. BARRIERS TO SERVICES
CONTRACTOR shall provide services to all eligible persons in accordance with
state and federal statutes and regulations. CONTRACTOR shall assure that in planning for the
provision of services, the following barriers to services are considered and addressed:
A. Lack of educational materials or other resources for the provision of services.
B. Geographic isolation and transportation needs of persons seeking services or
remoteness of services.
C. Institutional, cultural, and ethnicity barriers.
D. Language differences.
E. Lack of service advocates.
F. Failure to survey or otherwise identify the barriers to service accessibility.
G. Needs of persons with a disability.
8. RISK ASSESSMENT
CONTRACTOR shall comply with the sub-recipient pre-award risk assessment requirements
contained in 45 CFR 72.205. COUNTY shall review the merit and risk associated with each
potential CONTRACTOR annually prior to making an award. COUNTY shall perform and
document annual sub-recipient pre-award risk assessments for each CONTRACTOR and retain
documentation for audit purposes.
9. CALIFORNIA OUTCOMES MEASUREMENT SYSTEM FOR TREATMENT
(CALOMS-TX) — PAGE 19
CONTRACTOR shall comply with the CalOMS-Tx data collection requirements for
submission of data to COUNTY. CONTRACTOR shall submit admission, discharge, annual
update, resubmission of records containing errors or in need of correction, and "provider no
activity" report records in a format approved by COUNTY.
Revised 02/03/22
Revised Exhibit D
Page 5 of 15
10. CAPACITY REPORTING — page 21
CONTRACTOR shall ensure that if their program reaches or exceeds 90 percent of
dedicated capacity CONTRACTOR shall report this information to COUNTY and
DHCSOWPS@dhcs.ca.gov within four days of reaching capacity.
11. DRUG AND ALCOHOL TREATMENT ACCESS REPORT (DATAR) — page 21
CONTRACTOR shall submit monthly DATAR reports by the 51" of the month
following the report activity month. CONTRACTOR shall be considered compliant if a minimum of
95 percent of required DATAR reports are received by the due date.
12. CHARITABLE CHOICE— page 22
CONTRACTOR shall document the total number of referrals necessitated by
religious objection to other alternative SUD providers. 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 identifies
as faith-based it must submit to DBH Contracts Division —Substance Use Disorder(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.
13. DRUG FREE WORKPLACE—need to review more closely
CONTRACTOR shall comply with the requirements of the Drug-Free Work Place Act
of 1990 (California Government Code section 8350).
14. SUBCONTRACT PROVISIONS
The following contract provisions are required to be included in all agreements
verbatim by the Department of Health Care Services. Any references to "County" in the foregoing
clauses shall apply to the CONTRACTORS noted in Exhibit A of this agreement.
A. 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, which may affect the
provisions, terms, or funding of this Contract in any manner.
B. HATCH ACT
County agrees to comply with the provisions of the Hatch Act (USC, Title 5,
Part III, Subpart F., Chapter 73, Subchapter 111), which limit the political activities of employees
whose principal employment activities are funded in whole or in part with federal funds.
Revised 02/03/22
Revised Exhibit D
Page 6 of 15
C. NO UNLAWFUL USE OR UNLAWFUL MESSAGE REGARDING DRUGS
County agrees that information produced through these funds, and which
pertains to drugs and alcohol-related programs, shall contain a clearly written statement that there
shall be no unlawful use of drugs or alcohol associated with the program. Additionally, 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 (HSC, Division 10.7, Chapter 1429, Sections 11999-11999.3). By
signing this Enclosure, County agrees that it will enforce, and will require its subcontractors to
enforce, these requirements.
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.
D. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION
OF CONTROLLED SUBSTANCES
None of the funds made available through this Contract 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).
E. DEBARMENT AND SUSPENSION
COUNTY shall not subcontract with or employ any party listed on 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.
The County shall advise all subcontractors of their obligation to comply with
applicable federal debarment and suspension regulations, in addition to the requirements set forth
in 42 CFR Part 1001.
If a County subcontracts or employs 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).
F. RESTRICTION ON DISTRUBUTION OF STERILE NEEDLES
No SABG funds made available through this Contract shall be used to carry
out any program that includes the distribution of sterile needles or syringes for the hypodermic
injection of any illegal drug unless DHCS chooses to implement a demonstration syringe services
program for injecting drug users.
Revised 02/03/22
Revised Exhibit D
Page 7 of 15
G. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPAA) OF 1996
All work performed under this Contract is subject to HIPAA, County shall
perform the work in compliance with all applicable provisions of HIPAA. As identified in Exhibit E,
DHCS and County shall cooperate to assure mutual agreement as to those transactions between
them, to which this provision applies. Refer to Exhibit E for additional information.
1. Trading Partner Requirements
a) No Changes. County hereby agrees that for the personal
health information (Information), it will not change any definition, data condition or use of a data
element or segment as proscribed in the Federal Health and Human Services (HHS) Transaction
Standard Regulation (45 CFR 162.915 (a)).
b) No Additions. County hereby agrees that for the Information,
it will not add any data elements or segments to the maximum data set as proscribed in the HHS
Transaction Standard Regulation (45 CFR 162.915 (b)).
c) No Unauthorized Uses. County hereby agrees that for the
Information, it will not use any code or data elements that either are marked "not used" in the HHS
Transaction's Implementation specification or are not in the HHS Transaction Standard's
implementation specifications (45 CFR 162.915 (c)).
d) No Changes to Meaning or Intent. County hereby agrees that
for the Information, it will not change the meaning or intent of any of the HHS Transaction
Standard's implementation specification (45 CFR 162.915 (d)).
2. Concurrence for Test Modifications to HHS Transaction Standards
County 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, County agrees that it will participate in such test modifications.
3. Adequate Testing
County is responsible to adequately test all business rules
appropriate to their types and specialties. If the County is acting as a clearinghouse for enrolled
providers, County has obligations to adequately test all business rules appropriate to each and
every provider type and specialty for which they provide clearinghouse services.
4. Deficiencies
County agrees to correct transactions, errors, or deficiencies
identified by DHCS, and transactions errors or deficiencies identified by an enrolled provider if the
County is acting as a clearinghouse for that provider. When County is a clearinghouse, County
agrees to properly communicate deficiencies and other pertinent information regarding electronic
transactions to enrolled providers for which they provide clearinghouse services.
5. Code Set Retention
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Revised Exhibit D
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Both parties understand and agree to keep open code sets being
processed or used in this Contract for at least the current billing period or any appeal period,
whichever is longer.
6. 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 Contract. Each party will 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 media or other suitable means provided that, if it is necessary to
do so, the information contained in the Data Transmission Log may be retrieved in a timely
manner and presented in readable form.
H. NONDISCRIMINATION AND INSTITUTIONAL SAFEGUARDS FOR
RELIGIOUS PROVIDERS
County shall establish such processes and procedures as necessary to
comply with the provisions of USC, Title 42, Section 300x-65 and CFR, Title 42, Part 54.
These regulations 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.
I. COUNSELOR CERTIFICATION
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 registered or certified as
defined in CCR, Title 9, Division 4, Chapter 8.
J. CULTURAL AND LINGUISTIC PROFICIENCY
To ensure equal access to quality care by diverse populations, each service
provider receiving funds from this Contract shall adopt the Federal Office of Minority Health
Culturally and Linguistically Appropriate Service (CLAS) national standards as outlined online at:
https://minoritVhealth.hhs.gov/omh/browse.aspx?lvl=2&lvlid=53https://thinkcuIturalhealth.hhs.gov/c
las/standards
CONTRACTOR must comply with 42 CFR 438.206(c)(2). CONTRACTOR
shall promote the delivery of services in a culturally competent manner to all persons served,
including those with limited English proficiency and diverse cultural and ethnic backgrounds,
disabilities, and regardless of gender, sexual orientation or gender identity. CONTRACTOR shall
provide effective, equitable, understandable and respectful quality of care and services that are
responsive to diverse cultural health beliefs and practices, preferred languages, health literacy and
other communication needs.
K. INTRAVENOUS DRUG USE (IVDU) TREATMENT
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Revised Exhibit D
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County shall ensure that individuals in need of IVDU treatment shall be
encouraged to undergo AOD treatment (42 USC 300x-23 (45 CFR 96.126(e)).
L. TUBERCULOSIS TREATMENT
County shall ensure the following related to Tuberculosis (TB):
1. Routinely make available TB services to individuals receiving
treatment.
2. Reduce barriers to patients' accepting TB treatment.
3. Develop strategies to improve follow-up monitoring, particularly after
patients leave treatment, by disseminating information through educational bulletins and technical
assistance.
M. TRAFFICKING VICTIMS PROTECTION ACT OF 2000
County and its subcontractors that provide services covered by this Contract
shall comply with the Trafficking Victims Protection Act of 2000 (USC, Title 22, Chapter 78,
Section 7104) as amended by section 1702 of Pub. L. 112-239.
CONTRACTOR, CONTRACTOR's employees, subrecipients, and subrecipients' employees may
not:
1. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
2. Procure a commercial sex act during the period of time that the
award is in effect; or
3. 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 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.
N. TRIBAL COMMUNITIES AND ORGANIZATIONS
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Revised Exhibit D
Page 10 of 15
County shall regularly review population information available through
Census, compare to information obtained in the California Outcome Measurement System for
Treatment (CalOMS-Tx) to determine whether the population is being reached, and survey Tribal
representatives for insight in potential barriers to the substance use service needs of the American
Indian/Alaskan Native (AI/AN) population within the County geographic area. Contractor shall also
engage in regular and meaningful consultation and collaboration with elected officials of the tribe,
Rancheria, or their designee for the purpose of identifying issues/barriers to service delivery and
improvement of the quality, effectiveness, and accessibility of services available to MAN
communities within the County.
O. MARIJUANA RESTRICTION
Grant funds may not be used, directly or indirectly, to purchase, prescribe,
or provide marijuana or treatment using marijuana. Treatment in this context includes the
treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or
organization that provides or permits marijuana use for the purposes of treating substance use or
mental disorders. See, e.g., 45 CFR. § 75.300(a) (requiring HHS to "ensure that Federal funding is
expended . . . in full accordance with U.S. statutory . . . requirements."); 21 USC § 812(c) (10) and
841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This
prohibition does not apply to those providing such treatment in the context of clinical research
permitted by the DEA and under an FDA-approved investigational new drug application where the
article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled
substance under Federal law.
P. PARTICIPATION OF COUNTY BEHAVIORAL HEALTH DIRECTOR'S
ASSOCIATION OF CALIFORNIA
The County AOD Program Administrator shall participate and represent the
County in meetings of the County Behavioral Health Director's Association of California for the
purposes of representing the counties in their relationship with DHCS with respect to policies,
standards, and administration for AOD abuse services.
The County AOD Program Administrator shall attend any special meetings
called by the Director of DHCS. Participation and representation shall also be provided by the
County Behavioral Health Director's Association of California.
Q. ADOLESCENT BEST PRACTICES GUIDELINES
County must utilize DHCS guidelines in developing and implementing youth
treatment programs funded under this Enclosure The Adolescent Best Practices Guidelines can
be found at:
https://www.dhcs.ca.gov/Documents/CSD CMHCS/Adol%20Best%2OPractices%2OGuide/AdolBe
stPracGu ideOCTOBER2020.pdf
R. BYRD ANTI-LOBBYING AMENDMENT (31 USC 1352)
County 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
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covered by 31 USC 1352. County shall also disclose to DHCS any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award.
S. NONDISCRIMINATION IN EMPLOYMENT AND SERVICES
County certifies that under the laws of the United States and the State of
California, County will not unlawfully discriminate against any person.
T. FEDERAL LAW REQUIREMENTS
1. 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.
2. 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.
3. Age Discrimination Act of 1975 (45 CFR Part 90), as amended 42
USC Sections 6101 6107), which prohibits discrimination on the basis of age.
4. Age Discrimination in Employment Act (29 CFR Part 1625).
5. Title I of the Americans with Disabilities Act (29 CFR Part 1630)
prohibiting discrimination against the disabled in employment.
6. Title II of the Americans with Disabilities Act (28 CFR Part 35)
prohibiting discrimination against the disabled by public entities.
7. Title III of the Americans with Disabilities Act (28 CFR Part 36)
regarding access.
8. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC
Section 794), prohibiting discrimination on the basis of individuals with disabilities.
9. 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.
10. Executive Order 13166 (67 FR 41455) to improve access to federal
services for those with limited English proficiency.
11. The Drug Abuse Office and Treatment Act of 1972, as amended,
relating to nondiscrimination on the basis of drug abuse.
12. Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR
Part 2, Subparts A— E)
U. STATE LAW REQUIREMENTS
1. Fair Employment and Housing Act (Government Code Section
12900 et seq.) and the applicable regulations promulgated thereunder (2 CCR 7285.0 et seq.).
2. Title 2, Division 3, Article 9.5 of the Government Code, commencing
with Section 11135.
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3. Title 9, Division 4, Chapter 8 of the CCR, commencing with Section
13000.
4. No federal funds shall be used by the County or its subcontractors
for sectarian worship, instruction, or proselytization. No federal funds shall be used by the County
or its subcontractors to provide direct, immediate, or substantial support to any religious activity.
V. ADDITIONAL CONTRACT RESTRICTIONS
1. Noncompliance with the requirements of nondiscrimination in
services shall constitute grounds for DHCS to withhold payments under this Contract or terminate
all, or any type, of funding provided hereunder.
2. This Contract is subject to any additional restrictions, limitations, or
conditions enacted by the federal or state governments that affect the provisions, terms, or funding
of this Contract in any manner.
W. INFORMATION ACCESS FOR INDIVIDUALS WITH LIMITED ENGLISH
PROFICIENCY
1. County 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.
2. County 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, or (d) video remote language
interpreting services.
15. FEDERAL DEBARMENT AND SUSUPENSTION CERTIFICATION —Enclosure 5
page 26
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
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Page 13 of 15
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.
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).
D. If CONTRACTOR subcontracts or employs an excluded party, COUNTY
and DHCS have the right to withhold payments, disallow costs, or issue a CAP, as appropriate,
pursuant to HSC Code 11817.8(h).
1) By signing this Agreement, the Contractor/Grantee agrees to comply
with applicable federal suspension and debarment regulations including, but not limited to 2 CFR
180, 2 CFR 376
2) By signing this Agreement, the Contractor certifies to the best of its
knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any federal department or agency;
(b) Have not within a three-year period preceding this
application/proposal/agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) violation of Federal or State antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
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Page 14 of 15
false statements, tax evasion, receiving stolen property, making false claims, obstruction of justice,
or the commission of any other offense indicating a lack of business integrity or business honesty
that seriously affects its business honesty;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in Paragraph b(2) herein; and
(d) Have not within a three-year period preceding this
application/proposal/agreement had one or more public transactions (Federal, State or local)
terminated for cause or default.
(e) Have not, within a three-year period preceding this
application/proposal/agreement, engaged in any of the violations listed under 2 CFR Part 180,
Subpart C as supplemented by 2 CFR Part 376.
(f) Shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under federal regulations (i.e., 48 CFR
part 9, subpart 9.4), debarred, suspended, declared ineligible, or voluntarily excluded from
participation in such transaction, unless authorized by the State.
(g) Will include a clause entitled, "Debarment and Suspension
Certification" that essentially sets forth the provisions herein, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
E. If the Contractor is unable to certify to any of the statements in this
certification, the Contractor shall submit an explanation to the DBH Program Contract Manager.
F. The terms and definitions herein have the meanings set out in 2 CFR Part
180 as supplemented by 2 CFR Part 376.
G. If the Contractor knowingly violates this certification, in addition to other
remedies available to the Federal Government, the DBH may terminate this Agreement for cause
or default.
16. SMOKING-FREE WORKPLACE CERTIFICATION —enclosure 5 page 27
(Applicable to federally funded agreements and subcontracts, that provide health,
day care, early childhood development services, education or library services to children under 18
directly or through local governments.)
A. Public Law 103-227, also known as the Pro-Children Act of 1994 (Act),
requires that smoking not be permitted in any portion of any indoor facility owned or leased or
contracted for by an entity and used routinely or regularly for the provision of health, day care,
early childhood development services, education or library services to children under the age of
18, if the services are funded by federal programs either directly or through state or local
governments, by federal grant, contract, loan, or loan guarantee. The law also applies to children's
services that are provided in indoor facilities that are constructed, operated, or maintained with
such federal funds. The law does not apply to children's services provided in private residences;
portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole
source of applicable federal funds is Medicare or Medicaid; or facilities where WIC coupons are
redeemed.
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B. Failure to comply with the provisions of the law may result in the imposition
of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an
administrative compliance order on the responsible party.
C. By signing this Agreement, Contractor certifies that it will comply with the
requirements of the Act and will not allow smoking within any portion of any indoor facility used for
the provision of services for children as defined by the Act. The prohibitions herein are effective
December 26, 1994.
D. Contractor further agrees that it will insert this certification into any
subawards entered into that provide for children's services as described in the Act.
17. ADA CONSIDERATIONS
CONTRACTOR shall ensure that physical access, reasonable accommodations, and
accessible equipment for persons served with physical or mental disabilities are provided to all
persons served in accordance with CFR Title 45, Part 84 and the American with Disabilities Act.
18. 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.
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Attachment A
Minimum Quality Drug Treatment Standards
Compliance with the following Minimum Quality Treatment Standards is required for all SLID
treatment programs (contractors and sub-contractors).
A. Personnel Policies
1. Personnel files shall be maintained on all employees and volunteers/interns and shall
contain the following:
a) Application for employment and/or resume;
b) Signed employment confirmation statement/duty statement;
c) Job description;
d) Performance evaluations;
e) Health records/status as required by program or Title 9;
f) Other personnel actions (e.g., commendations, discipline, status change,
employment incidents and/or injuries);
g) Training documentation relative to substance use disorders and treatment;
h) Current registration, certification, intern status, or licensure;
i) Proof of continuing education required by licensing or certifying agency and program;
j) Program Code of Conduct and for registered, certified, and licensed staff, a copy of
the certifying/licensing body's code of conduct as well; and
k) Salary schedule and salary adjustment information.
2. Job descriptions shall be developed, revised as needed, and approved by the Program's
governing body. The job descriptions shall include:
a) Position title and classification;
b) Duties and responsibilities;
c) Lines of supervision; and
d) Education, training, work experience, and other qualifications for the position.
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Attachment A
3. Written code of conduct for employees and volunteers/interns shall be established which
address at least the following:
a) Use of drugs and/or alcohol;
b) Prohibition of social/business relationship with clients or their family members for
personal gain;
c) Prohibition of sexual contact with clients;
d) Conflict of interest;
e) Providing services beyond scope;
f) Discrimination against clients or staff;
g) Verbally, physically, or sexually harassing, threatening, or abusing clients, family
members or other staff;
h) Protection of client confidentiality;
i) The elements found in the code of conduct(s) for the certifying organization(s) the
program's counselors are certified under; and
j) Cooperation with complaint investigations.
4. If a program utilizes the services of volunteers and or interns, procedures shall be implemented
which address:
a) Recruitment;
b) Screening;
c) Selection;
d) Training and orientation;
e) Duties and assignments;
f) Scope of practice;
g) Supervision;
h) Evaluation;
i) Protection of client confidentiality;and
j) Code of Conduct
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Attachment A
5. Written roles and responsibilities and a code of conduct for the medical director (if
applicable) shall be clearly documented, signed and dated by an authorized program
representative and the medical director.
B. Program Management
1. Admission or Readmission
a) Each program shall include in its policies and procedures written admission and
readmission criteria for determining client's eligibility and suitability for treatment.
These criteria shall include, at minimum:
i. Use of alcohol/drugs of abuse;
ii. Physical health status;
iii. Documentation of social and psychological problems; and
iv. A statement of nondiscrimination requiring that admission shall not be
denied on the basis of ethnic group identification, religion, age, gender,
race, disability, or sexual orientation. The above shall not preclude
programs from emphasizing services for specific populations.
b) If a potential client does not meet the admission criteria, the client shall be referred to
an appropriate service provider.
c) If a client is admitted to treatment, a consent to treatment form shall be signed by the
client.
d) All referrals made by the program shall be documented in the client record.
e) Copies of the following documents shall be provided to the client upon admission:
i. Client rights, client fee policies, and consent to treatment.
f) Copies of the following shall be provided to the client or posted in a prominent place
accessible to all clients:
i. A statement of nondiscrimination by race, religion, sex, gender identity, ethnicity,
age, disability, sexual preference, and ability to pay;
ii. Grievance procedures;
iii. Appeal process for involuntary discharge; and
iv. Program rules,expectations and regulations.
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Attachment A
g) Where drug screening by urinalysis is deemed appropriate the program shall:
i. Establish procedures which protect against the falsification and/or
contamination of any urine sample;and
ii. Document urinalysis results in the client's file.
2. Treatment
a) Assessment for all clients shall include:
i. Drug/Alcohol use history;
ii. Medical history;
iii. Family history;
iv. Psychiatric history;
V. Social/recreational history;
vi. Financial status/history;
vii. Educational history;
viii. Employment history;
ix. Criminal history, legal status; and
X. Previous SUD treatment history.
b) Treatment plans shall be developed with the client within 30 days of admission and
include:
i. A problem statement for all problems identified through the assessment
whether addressed or deferred;
ii. Goals to address each problem statement (except when deferred);
iii. Action steps to meet the goals that include who is responsible for the action
and the target date for completion; and
iv. Signature of primary counselor and client.
All treatment plans shall be reviewed periodically and updated to accurately reflect
the client's progress or lack of progress in treatment.
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Attachment A
c) Progress notes shall document the client's progress toward completion of activities
and achievement of goals on the treatment plan.
d) Discharge documentation shall be developed with the client, if possible and include:
i. Description of the treatment episode;
ii. Prognosis;
iii. Client's plan for continued recovery including support systems and plans for
relapse prevention;
iv. Reason and type of discharge;
V. Signature of primary counselor and client;
vi. A copy of the discharge documentation shall be given to the client;
vii. Current alcohol and/or other drug usage;
viii. Vocational and educational achievements;
ix. Transfers and referrals; and
X. Client comments.
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Attachment B
Page 1 of 1
UNLAWFUL USE OF DRUGS AND ALCOHOL
CERTIFICATION
I, as an authorized agent of
(Print Name)
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 terminated.
Signature: Date:
Title:
Attachment C
Page 1 of 1
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
CERTIFICATION
I, as an authorized agent of
(Print Name)
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 personnel files.
Signature: Date:
Title:
Exhibit K- Page 1 of 1
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 Protected 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 DHCS when there is a possible security violation including unauthorized access to PHI by
completing a"Privacy Incident Report"at:
http://www.dhcs.ca.gov/fonnsandpubs/laws/priv/Pages/DHCSBusinessAssociatesOnly.aspx and
return the completed form to: privacyofficer(kdhcs.ca.gov.
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:
Signature: Date:
Exhibit L
Page 1 of 8
Data Security
1. Definitions
Capitalized terms used in this Exhibit L have the meanings set forth in this section 1.
(A) "Authorized Employees" means the Contractor's employees who have access to
Personal Information.
(B) "Authorized Persons" means: (i) any and all Authorized Employees; and (ii) any and all
of the Contractor's subcontractors, representatives, agents, outsourcers, and consultants,
and providers of professional services to the Contractor, who have access to Personal
Information and are bound by law or in writing by confidentiality obligations sufficient to
protect Personal Information in accordance with the terms of this Exhibit L.
(C) "Director" means the County's Director of the Department of Behavioral Health or his or
her designee.
(D) "Disclose" or any derivative of that word means to disclose, release, transfer,
disseminate, or otherwise provide access to or communicate all or any part of any
Personal Information orally, in writing, or by electronic or any other means to any person.
(E) "Person" means any natural person, corporation, partnership, limited liability company,
firm, or association.
(F) "Personal Information" means any and all information, including any data, provided, or
to which access is provided, to the Contractor by or upon the authorization of the County,
under this Agreement, including but not limited to vital records, that: (i) identifies,
describes, or relates to, or is associated with, or is capable of being used to identify,
describe, or relate to, or associate with, a person (including, without limitation, names,
physical descriptions, signatures, addresses, telephone numbers, e-mail addresses,
education, financial matters, employment history, and other unique identifiers, as well as
statements made by or attributable to the person); (ii) is used or is capable of being used
to authenticate a person (including, without limitation, employee identification numbers,
government-issued identification numbers, passwords or personal identification numbers
(PINs), financial account numbers, credit report information, answers to security
questions, and other personal identifiers); or (iii) is personal information within the
meaning of California Civil Code section 1798.3, subdivision (a), or 1798.80, subdivision
(e). Personal Information does not include publicly available information that is lawfully
made available to the general public from federal, state, or local government records.
(G) "Privacy Practices Complaint" means a complaint received by the County relating to the
Contractor's (or any Authorized Person's) privacy practices, or alleging a Security Breach.
Such complaint shall have sufficient detail to enable the Contractor to promptly
investigate and take remedial action under this Exhibit L.
(H) "Security Safeguards" means physical, technical, administrative or organizational
security procedures and practices put in place by the Contractor (or any Authorized
Persons) that relate to the protection of the security, confidentiality, value, or integrity of
Personal Information. Security Safeguards shall satisfy the minimal requirements set forth
in section 3(C) of this Exhibit L.
Exhibit L
Page 2 of 8
(1) "Security Breach" means (i) any act or omission that compromises either the security,
confidentiality, value, or integrity of any Personal Information or the Security Safeguards,
or (ii) any unauthorized Use, Disclosure, or modification of, or any loss or destruction of,
or any corruption of or damage to, any Personal Information.
(J) "Use" or any derivative of that word means to receive, acquire, collect, apply,
manipulate, employ, process, transmit, disseminate, access, store, disclose, or dispose
of Personal Information.
2. Standard of Care
(A) The Contractor acknowledges that, in the course of its engagement by the County under
this Agreement, the Contractor, or any Authorized Persons, may Use Personal
Information only as permitted in this Agreement.
(B) The Contractor acknowledges that Personal Information is deemed to be confidential
information of, or owned by, the County (or persons from whom the County receives or
has received Personal Information) and is not confidential information of, or owned or by,
the Contractor, or any Authorized Persons. The Contractor further acknowledges that all
right, title, and interest in or to the Personal Information remains in the County (or
persons from whom the County receives or has received Personal Information)
regardless of the Contractor's, or any Authorized Person's, Use of that Personal
Information.
(C) The Contractor agrees and covenants in favor of the Country that the Contractor shall:
(i) keep and maintain all Personal Information in strict confidence, using such
degree of care under this section 2 as is reasonable and appropriate to avoid a
Security Breach;
(ii) Use Personal Information exclusively for the purposes for which the Personal
Information is made accessible to the Contractor pursuant to the terms of this
Exhibit L;
(iii) not Use, Disclose, sell, rent, license, or otherwise make available Personal
Information for the Contractor's own purposes or for the benefit of anyone other
than the County, without the County's express prior written consent, which the
County may give or withhold in its sole and absolute discretion; and
(iv) not, directly or indirectly, Disclose Personal Information to any person (an
"Unauthorized Third Party") other than Authorized Persons pursuant to this
Agreement, without the Director's express prior written consent.
(D) Notwithstanding the foregoing paragraph, in any case in which the Contractor believes it,
or any Authorized Person, is required to disclose Personal Information to government
regulatory authorities, or pursuant to a legal proceeding, or otherwise as may be required
by applicable law, Contractor shall (i) immediately notify the County of the specific
demand for, and legal authority for the disclosure, including providing County with a copy
of any notice, discovery demand, subpoena, or order, as applicable, received by the
Contractor, or any Authorized Person, from any government regulatory authorities, or in
relation to any legal proceeding, and (ii) promptly notify the County
Exhibit L
Page 3 of 8
before such Personal Information is offered by the Contractor for such disclosure so that
the County may have sufficient time to obtain a court order or take any other action the
County may deem necessary to protect the Personal Information from such disclosure,
and the Contractor shall cooperate with the County to minimize the scope of such
disclosure of such Personal Information.
(E) The Contractor shall remain liable to the County for the actions and omissions of any
Unauthorized Third Party concerning its Use of such Personal Information as if they
were the Contractor's own actions and omissions.
3. Information Security
(A) The Contractor covenants, represents and warrants to the County that the Contractor's
Use of Personal Information under this Agreement does and will at all times comply with
all applicable federal, state, and local, privacy and data protection laws, as well as all
other applicable regulations and directives, including but not limited to California Civil
Code, Division 3, Part 4, Title 1.81 (beginning with section 1798.80), and the Song-
Beverly Credit Card Act of 1971 (California Civil Code, Division 3, Part 4, Title 1.3,
beginning with section 1747). If the Contractor Uses credit, debit or other payment
cardholder information, the Contractor shall at all times remain in compliance with the
Payment Card Industry Data Security Standard ("PCI DSS") requirements, including
remaining aware at all times of changes to the PCI DSS and promptly implementing and
maintaining all procedures and practices as may be necessary to remain in compliance
with the PCI DSS, in each case, at the Contractor's sole cost and expense.
(B) The Contractor covenants, represents and warrants to the County that, as of the effective
date of this Agreement, the Contractor has not received notice of any violation of any
privacy or data protection laws, as well as any other applicable regulations or directives,
and is not the subject of any pending legal action or investigation by, any government
regulatory authority regarding same.
(C) Without limiting the Contractor's obligations under section 3(A) of this Exhibit L, the
Contractor's (or Authorized Person's) Security Safeguards shall be no less rigorous than
accepted industry practices and, at a minimum, include the following:
(i) limiting Use of Personal Information strictly to the Contractor's and Authorized
Persons' technical and administrative personnel who are necessary for the
Contractor's, or Authorized Persons', Use of the Personal Information pursuant to
this Agreement;
(ii) ensuring that all of the Contractor's connectivity to County computing systems will
only be through the County's security gateways and firewalls, and only through
security procedures approved upon the express prior written consent of the
Director;
(iii) to the extent that they contain or provide access to Personal Information, (a)
securing business facilities, data centers, paper files, servers, back-up systems
and computing equipment, operating systems, and software applications,
including, but not limited to, all mobile devices and other equipment, operating
systems, and software applications with information storage capability; (b)
Exhibit L
Page 4 of 8
employing adequate controls and data security measures, both internally and
externally, to protect (1) the Personal Information from potential loss or
misappropriation, or unauthorized Use, and (2) the County's operations from
disruption and abuse; (c) having and maintaining network, device application,
database and platform security; (d) maintaining authentication and access
controls within media, computing equipment, operating systems, and software
applications; and (e) installing and maintaining in all mobile, wireless, or
handheld devices a secure internet connection, having continuously updated
anti-virus software protection and a remote wipe feature always enabled, all of
which is subject to express prior written consent of the Director;
(iv) encrypting all Personal Information at advance encryption standards of Advanced
Encryption Standards (AES) of 128 bit or higher (a) stored on any mobile
devices, including but not limited to hard disks, portable storage devices, or
remote installation, or (b) transmitted over public or wireless networks (the
encrypted Personal Information must be subject to password or pass phrase, and
be stored on a secure server and transferred by means of a Virtual Private
Network (VPN) connection, or another type of secure connection, all of which is
subject to express prior written consent of the Director);
(v) strictly segregating Personal Information from all other information of the
Contractor, including any Authorized Person, or anyone with whom the
Contractor or any Authorized Person deals so that Personal Information is not
commingled with any other types of information;
(vi) having a patch management process including installation of all operating system
and software vendor security patches;
(vii) maintaining appropriate personnel security and integrity procedures and
practices, including, but not limited to, conducting background checks of
Authorized Employees consistent with applicable law; and
(viii) providing appropriate privacy and information security training to Authorized
Employees.
(D) During the term of each Authorized Employee's employment by the Contractor, the
Contractor shall cause such Authorized Employees to abide strictly by the Contractor's
obligations under this Exhibit L. The Contractor shall maintain a disciplinary process to
address any unauthorized Use of Personal Information by any Authorized Employees.
(E) The Contractor shall, in a secure manner, backup daily, or more frequently if it is the
Contractor's practice to do so more frequently, Personal Information received from the
County, and the County shall have immediate, real time access, at all times, to such
backups via a secure, remote access connection provided by the Contractor, through the
Internet.
(F)The Contractor shall provide the County with the name and contact information for each
Authorized Employee (including such Authorized Employee's work shift, and at least one
alternate Authorized Employee for each Authorized Employee during such work shift)
who shall serve as the County's primary security contact with the Contractor and shall be
Exhibit L
Page 5 of 8
available to assist the County twenty-four (24) hours per day, seven (7) days per week
as a contact in resolving the Contractor's and any Authorized Persons' obligations
associated with a Security Breach or a Privacy Practices Complaint.
(G)The Contractor shall not knowingly include or authorize any Trojan Horse, back door,
time bomb, drop dead device, worm, virus, or other code of any kind that may disable,
erase, display any unauthorized message within, or otherwise impair any County
computing system, with or without the intent to cause harm.
4. Security Breach Procedures
(A) Immediately upon the Contractor's awareness or reasonable belief of a Security Breach,
the Contractor shall (i) notify the Director of the Security Breach, such notice to be given
first by telephone at the following telephone number: (559)600-9058, followed promptly
by email at the following email address: sholt@fresnocountyca.gov (which telephone
number and email address the County may update by providing notice to the Contractor),
and (ii) preserve all relevant evidence (and cause any affected Authorized Person to
preserve all relevant evidence) relating to the Security Breach. The notification shall
include, to the extent reasonably possible, the identification of each type and the extent
of Personal Information that has been, or is reasonably believed to have been, breached,
including but not limited to, compromised, or subjected to unauthorized Use, Disclosure,
or modification, or any loss or destruction, corruption, or damage.
(B) Immediately following the Contractor's notification to the County of a Security Breach, as
provided pursuant to section 4(A) of this Exhibit L, the Parties shall coordinate with each
other to investigate the Security Breach. The Contractor agrees to fully cooperate with
the County, including, without limitation:
(i) assisting the County in conducting any investigation;
(ii) providing the County with physical access to the facilities and operations affected;
(iii) facilitating interviews with Authorized Persons and any of the Contractor's other
employees knowledgeable of the matter; and
(iv) making available all relevant records, logs, files, data reporting and other
materials required to comply with applicable law, regulation, industry standards,
or as otherwise reasonably required by the County.
To that end, the Contractor shall, with respect to a Security Breach, be solely
responsible, at its cost, for all notifications required by law and regulation, or deemed
reasonably necessary by the County, and the Contractor shall provide a written report of
the investigation and reporting required to the Director within 30 days after the
Contractor's discovery of the Security Breach.
(C) County shall promptly notify the Contractor of the Director's knowledge, or reasonable
belief, of any Privacy Practices Complaint, and upon the Contractor's receipt of that
notification, the Contractor shall promptly address such Privacy Practices Complaint,
including taking any corrective action under this Exhibit L, all at the Contractor's sole
expense, in accordance with applicable privacy rights, laws, regulations and standards.
Exhibit L
Page 6 of 8
In the event the Contractor discovers a Security Breach, the Contractor shall treat the
Privacy Practices Complaint as a Security Breach. Within 24 hours of the Contractor's
receipt of notification of such Privacy Practices Complaint, the Contractor shall notify the
County whether the matter is a Security Breach, or otherwise has been corrected and
the manner of correction, or determined not to require corrective action and the reason
for that determination.
(D) The Contractor shall take prompt corrective action to respond to and remedy any
Security Breach and take mitigating actions, including but not limiting to, preventing any
reoccurrence of the Security Breach and correcting any deficiency in Security
Safeguards as a result of such incident, all at the Contractor's sole expense, in
accordance with applicable privacy rights, laws, regulations and standards. The
Contractor shall reimburse the County for all reasonable costs incurred by the County in
responding to, and mitigating damages caused by, any Security Breach, including all
costs of the County incurred relation to any litigation or other action described section
4(E) of this Exhibit L.
(E) The Contractor agrees to cooperate, at its sole expense, with the County in any litigation
or other action to protect the County's rights relating to Personal Information, including
the rights of persons from whom the County receives Personal Information.
5. Oversight of Security Compliance
(A) The Contractor shall have and maintain a written information security policy that
specifies Security Safeguards appropriate to the size and complexity of the Contractor's
operations and the nature and scope of its activities.
(B) Upon the County's written request, to confirm the Contractor's compliance with this
Exhibit L, as well as any applicable laws, regulations and industry standards, the
Contractor grants the County or, upon the County's election, a third party on the
County's behalf, permission to perform an assessment, audit, examination or review of
all controls in the Contractor's physical and technical environment in relation to all
Personal Information that is Used by the Contractor pursuant to this Agreement. The
Contractor shall fully cooperate with such assessment, audit or examination, as
applicable, by providing the County or the third party on the County's behalf, access to
all Authorized Employees and other knowledgeable personnel, physical premises,
documentation, infrastructure and application software that is Used by the Contractor for
Personal Information pursuant to this Agreement. In addition, the Contractor shall
provide the County with the results of any audit by or on behalf of the Contractor that
assesses the effectiveness of the Contractor's information security program as relevant
to the security and confidentiality of Personal Information Used by the Contractor or
Authorized Persons during the course of this Agreement under this Exhibit L.
(C) The Contractor shall ensure that all Authorized Persons who Use Personal Information
agree to the same restrictions and conditions in this Exhibit L. that apply to the
Contractor with respect to such Personal Information by incorporating the relevant
provisions of these provisions into a valid and binding written agreement between the
Contractor and such Authorized Persons, or amending any written agreements to
provide same.
Exhibit L
Page 7 of 8
6. Return or Destruction of Personal Information. Upon the termination of this Agreement,
the Contractor shall, and shall instruct all Authorized Persons to, promptly return to the County
all Personal Information, whether in written, electronic or other form or media, in its possession
or the possession of such Authorized Persons, in a machine readable form used by the County
at the time of such return, or upon the express prior written consent of the Director, securely
destroy all such Personal Information, and certify in writing to the County that such Personal
Information have been returned to the County or disposed of securely, as applicable. If the
Contractor is authorized to dispose of any such Personal Information, as provided in this Exhibit
L, such certification shall state the date, time, and manner (including standard) of disposal and
by whom, specifying the title of the individual. The Contractor shall comply with all reasonable
directions provided by the Director with respect to the return or disposal of Personal Information
and copies of Personal Information. If return or disposal of such Personal Information or copies
of Personal Information is not feasible, the Contractor shall notify the County according,
specifying the reason, and continue to extend the protections of this Exhibit L to all such
Personal Information and copies of Personal Information. The Contractor shall not retain any
copy of any Personal Information after returning or disposing of Personal Information as required
by this section 6. The Contractor's obligations under this section 6 survive the termination of this
Agreement and apply to all Personal Information that the Contractor retains if return or disposal
is not feasible and to all Personal Information that the Contractor may later discover.
7. Equitable Relief. The Contractor acknowledges that any breach of its covenants or
obligations set forth in this Exhibit L may cause the County irreparable harm for which monetary
damages would not be adequate compensation and agrees that, in the event of such breach or
threatened breach, the County is entitled to seek equitable relief, including a restraining order,
injunctive relief, specific performance and any other relief that may be available from any court,
in addition to any other remedy to which the County may be entitled at law or in equity. Such
remedies shall not be deemed to be exclusive but shall be in addition to all other remedies
available to the County at law or in equity or under this Agreement.
8. Indemnity. The Contractor shall defend, indemnify and hold harmless the County, its
officers, employees, and agents, (each, a "County Indemnitee") from and against any and all
infringement of intellectual property including, but not limited to infringement of copyright,
trademark, and trade dress, invasion of privacy, information theft, and extortion, unauthorized
Use, Disclosure, or modification of, or any loss or destruction of, or any corruption of or damage
to, Personal Information, Security Breach response and remedy costs, credit monitoring
expenses, forfeitures, losses, damages, liabilities, deficiencies, actions, judgments, interest,
awards, fines and penalties (including regulatory fines and penalties), costs or expenses of
whatever kind, including attorneys' fees and costs, the cost of enforcing any right to
indemnification or defense under this Exhibit L and the cost of pursuing any insurance providers,
arising out of or resulting from any third party claim or action against any County Indemnitee in
relation to the Contractor's, its officers, employees, or agents, or any Authorized Employee's or
Authorized Person's, performance or failure to perform under this Exhibit L or arising out of or
resulting from the Contractor's failure to comply with any of its obligations under this section 8.
The provisions of this section 8 do not apply to the acts or omissions of the County. The
provisions of this section 8 are cumulative to any other obligation of the Contractor to, defend,
indemnify, or hold harmless any County Indemnitee under this Agreement. The provisions of this
section 8 shall survive the termination of this Agreement.
Exhibit L
Page 8 of 8
9. Survival. The respective rights and obligations of the Contractor and the County as stated in
this Exhibit L shall survive the termination of this Agreement.
10. No Third Party Beneficiary. Nothing express or implied in the provisions of in this Exhibit L
is intended to confer, nor shall anything in this Exhibit L confer, upon any person other than the
County or the Contractor and their respective successors or assignees, any rights, remedies,
obligations or liabilities whatsoever.
11. No County Warranty. The County does not make any warranty or representation whether
any Personal Information in the Contractor's (or any Authorized Person's) possession or control,
or Use by the Contractor (or any Authorized Person), pursuant to the terms of this Agreement is
or will be secure from unauthorized Use, or a Security Breach or Privacy Practices Complaint.