HomeMy WebLinkAboutAgreement A-15-162 with Marjaree Mason Center, Inc..pdfAGT. # 15-162
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this ,1,1 6); day of ApvJ, , 2015, by
3 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and MARJAREE MASON CENTER, INC., a Private Non-Profit
5 Organization, whose address is 1600 M Street, Fresno, CA 93 721 hereinafter referred to as
6 "CONTRACTOR".
7 W I T N E S S E T H:
8 WHEREAS, COUNTY, through its Department of Social Services (DSS) desires to collaborate
9 with CONTRACTOR to coordinate Domestic Violence Services for DSS clients participating in the
10 California Work Opportunity and Responsibility to Kids (CalWORKs) Program and qualifies for the
11 Family Stabilization Program (FSP), in accordance with the Welfare and Institutions Code 11325.2 or
12 involved in the Child Welfare System; and
13 WHEREAS, CONTRACTOR is the only Domestic Violence shelter in the County ofFresno
14 which operates a 24-hour, seven days a week emergency shelter and hotline, drop-in center in
15 accordance with Welfare and Institution Code (WIC)§18294 and provides temporary housing and
16 food, counseling, and referrals to community resources; and
17 WHEREAS, CONTRACTOR has the specialized staff trained and experienced to provide
18 training, emergency shelter, transitional shelter and case management services to families, including
1 9 families experiencing an current crisis destabilizing the family; and
2 0 WHEREAS, CONTRACTOR and DSS shall collaborate in the delivery of services for clients to
21 stabilize families to ultimately achieve self-sufficiency; and
2 2 WHEREAS, the objective of the Family Stabilization Program is to prepare families to exit the
2 3 Child Welfare System, succeed in the workforce, attain educational or vocational goals, and achieve
2 4 long term self-sufficiency through long-term employment.
2 5 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties:
2 6 hereto agree as follows:
1. SERVICES 27
28 A. CONTRACTOR shall perform all services and fulfill all responsibilities as set
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1 forth in Exhibit A, "Summary of Services."
2 B. CONTRACTOR shall participate in monthly meetings, or as often as needed,
3 with COUNTY's DSS staff to discuss requirements, data reporting, policies and procedures, overall
4 program operations and any issues or foreseeable issues which may arise.
5 c. COUNTY's DSS shall monitor CONTRACTOR's performance to assure
6 compliance with the terms, conditions and specifications ofthe contract.
7 D. In the event of the termination or expiration of this Agreement in accordance with
8 "Section Two (2) or Three (3) of this Agreement, CONTRACTOR shall provide transitional services to
9 clients currently receiving services in accordance with the terms and conditions of this Agreement,
10 working with DSS staff and/or COUNTY's contracted vendor(s). Transitional services shall include,
11 but is not limited to the transfer of client records and shall not exceed a maximum of thirty (30) days.
12 This Section of the Agreement shall survive thirty (30) days from the expiration or written termination
13 date of this Agreement.
14 2. TERM
15 This Agreement shall become effective upon execution by all parties and shall terminate
16 on the 301h day of June, 2018.
17 This Agreement shall renew for two (2) additional twelve (12) month periods, through
18 June 30, 2020 upon the same terms and conditions herein set forth, unless written notice of non-
19 renewal is given by CONTRACTOR or COUNTY or COUNTY's DSS Director or designee not later
2 0 than sixty ( 60) days prior to the close of the current Agreement term.
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3. TERMINATION
A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
23 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
2 4 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 5 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
26 B. Breach of Contract -COUNTY may immediately suspend or terminate this
2 7 Agreement in whole or in part, where in the determination of COUNTY there is:
28 1) An illegal or improper use of funds;
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2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of
any breach ofthis Agreement or any default which may then exist on the part of CONTRACTOR.
Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
deducted from future payments owing to CONTRACTOR under this Agreement.
C. Without Cause -Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
designee, upon the giving of thirty (30) days advance written notice of an intention to terminate the
Agreement.
4. COMPENSATION
17 For actual services provided as identified in the terms and conditions of this Agreement,
18 including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
19 compensation in accordance with Exhibit B, "Budget Summary," attached here to and by this
2 0 reference incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and
21 mileage reimbursement shall be at CONTRACTOR's adopted rate per mile, not to exceed the IRS
22 published rate. CONTRACTOR agrees to limit administrative cost to a maximum of 15% of the total
2 3 program budget and to limit employee benefits to a maximum of 20% of total salaries for those
2 4 employees working under this Agreement during each term of this Agreement. Payment shall be
2 5 made upon certification or other proof satisfactory to COUNTY's DSS that services have actually
2 6 been performed by CONTRACTOR in accordance with terms and conditions as specified in this
2 7 Agreement.
2 8 For the period effective upon execution by all parties through June 30, 2018 of this
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1 Agreement, in no event shall compensation for actual services performed under this Agreement be in
2 excess of One Million Six Hundred Ninety Thousand Five Hundred Nine and Nol1 00 Dollars
3 ($1,690,509.00). For each optional twelve (12) month extension thereafter, in no event shall actual
4 services performed under this Agreement be in excess of Five Hundred Nine Thousand Two Hundred
5 Sixty-Nine and Noll 00 Dollars ($509,269.00). In no event shall the cumulative total of this
6 Agreement be in excess ofTwo Million Seven Hundred Nine Thousand Forty-Seven and Nol100
7 Dollars ($2,709,047.00). It is understood that all expenses incidental to CONTRACTOR's
8 performance of services under this Agreement shall be borne by CONTRACTOR. •
9 COUNTY's DSS shall provide CONTRACTOR an advance payment of no more than
10 One Hundred Thirty-Four Thousand Three Hundred Ninety-Four and No/100 Dollars ($134,394)
11 Advance payment shall be limited to implementation costs for new and I or existing program services
12 provided by CONTRACTOR, and shall require written justification. Except as provided above
13 regarding advance payments and below regarding State payment delays, payments by COUNTY shall
14 be in arrears, for services provided during the preceding month, within forty-five ( 45) days after
15 receipt, verification and approval of CONTRACTOR's invoices by COUNTY's DSS. If
16 CONTRACTOR should fail to comply with any provision ofthis Agreement, COUNTY shall be
1 7 relieved of its obligation for further compensation. All final claims and I or any final budget
18 modification requests shall be submitted by CONTRACTOR within sixty (60) days following the final
19 month of service for which payment is claimed. No action shall be taken by COUNTY on claims
2 0 submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by
21 CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
22 COUNTY.
2 3 The services provided by CONTRACTOR under this Agreement are funded in whole or
2 4 in part by the State of California. In the event that funding for these services is delayed by the State
25 Controller, COUNTY may defer payment to CONTRACTOR. The amount ofthe deferred payment
2 6 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
2 7 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
28 payment to COUNTY plus forty-five (45) days.
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1 5. INVOICING
2 CONTRACTOR shall invoice COUNTY's DSS in arrears by the tenth (1 01h) of each
3 month for actual services rendered in the previous month to: DSSinvoices@co.tresno.ca.us.
4 Payments by COUNTY's DSS shall be in arrears, for actual services provided during the preceding
5 month, within forty-five (45) days after receipt, verification and approval of CONTRACTOR's
6 invoices by COUNTY's DSS. The amount of the advance payment requested shall be deducted in
7 equal installments from invoices submitted for actual services provided by CONTRACTOR
8 beginning January 1, 2016 through June 30,2016. If CONTRACTOR should fail to comply with any
9 provision ofthis Agreement, COUNTY shall be relieved of its obligation for further compensation.
1 0 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is
11 otherwise not in proper form or detail, COUNTY's DSS Director or designee shall have the right to
12 withhold payment as to only that portion of the invoice that is incorrect or improper after five ( 5) days
13 prior written notice, electronic correspondence (email) is acceptable, to CONTRACTOR.
14 CONTRACTOR agrees to continue to provide services for a period of ninety (90) days after written or
15 email notification of an incorrect or improper invoice. If after the ninety (90) day period the invoice(s)
16 is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS Director or designee may elect
17 to terminate this Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of
18 this Agreement. All final claims shall be submitted by CONTRACTOR within sixty (60) days
19 following the month of actual service for which payment is claimed. No payment for services shall be
2 0 made by COUNTY's DSS on claims submitted beyond sixty ( 60) days following the month of actual
21 service for which payment is claimed.
22 6. INDEPENDENT CONTRACTOR
2 3 In performance of the work, duties, and obligations assumed by CONTRACTOR under
2 4 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
2 5 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
2 6 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
2 7 employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
2 8 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
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1 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
2 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
3 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
4 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
5 directly or indirectly the subject of this Agreement.
6 Because of its status as an independent contractor, CONTRACTOR shall have
7 absolutely no right to employment rights and benefits available to COUNTY employees.
8 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
9 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
1 0 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
11 including compliance with Social Security, withholding, and all other regulations governing such
12 matters. It is acknowledged that during the term ofthis Agreement, CONTRACTOR may be
13 providing services to others unrelated to COUNTY or to this Agreement.
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7. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
16 consent of all the parties without, in any way, affecting the remainder.
17 B. Notwithstanding the above, changes to line items in the budget, attached hereto
18 as Exhibit B, in an amount not to exceed 10% of the total maximum compensation as identified in
19 Section Four (4) ofthis Agreement, may be made with the written approval of COUNTY's DSS
2 0 Director or designee and CONTRACTOR. Budget line item changes shall not result in any change to
21 the maximum compensation amount payable to CONTRACTOR, as stated in section 4.
22 C. CONTRACTOR hereby agrees that changes to the compensation under this
2 3 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
24 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
25 and Federal funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR
2 6 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
2 7 legislative bodies which affect the provisions, term or funding of this Agreement in any manner.
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1 8. NON-ASSIGNMENT
2 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
3 duties under this Agreement without the prior written consent of the other party.
4 9. HOLD-HARMLESS
5 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
6 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
7 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
8 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
9 agents or employees under this Agreement, and from any and all costs and expenses, including
1 0 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
11 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
12 of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
13 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
14 exceptions resulting from noncompliance herein on the part ofthe CONTRACTOR.
15 10. INSURANCE
16 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
1 7 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
18 following insurance policies throughout the term of this Agreement:
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A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate ofTwo Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
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B.
c.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
Professional Liability
If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N., •
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1 ,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
CONTRACTOR agrees that it shall maintain, at its sole expense, in full force
and effect for a period of three (3) years following the termination of this
Agreement, one or more policies of professional liability insurance with limits of
coverage as specified herein.
D. Sexual Abuse I Molestation Liability Insurance
E.
Sexual Abuse I Molestation Liability Insurance (including but not limited to
corporal punishment liability, sexual abuse and molestation liability, and child
abduction liability) with limits of not less than One Million Dollars
($1 ,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual
aggregate. This policy shall be issued on a per occurrence basis.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
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1 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
2 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of
3 the foregoing policies, as required herein, to DSSinsurance@co.fresno.ca.us or mail to the County of
4 Fresno, DSS, PO BOX 1912, Fresno, California, 93718-1912, Attention: Contracts, stating that such
5 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers,
6 agents and employees will not be responsible for any premiums on the policies; that such Commercial
7 General Liability insurance names the County of Fresno, its officers, agents and employees,
8 individually and collectively, as additional insured, but only ihsofar as the operations under this
9 Agreement are concerned; that such coverage for additional insured shall apply as primary insurance
10 and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and
11 employees, shall be excess only and not contributing with insurance provided under
12 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
13 minimum of thirty (30) days advance, written notice given to COUNTY.
14 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
15 herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
1 6 Agreement upon the occurrence of such event.
1 7 All policies shall be with admitted insurers licensed to do business in the State of
18 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
19 of A FSC VII or better.
20 11. CONFIDENTIALITY AND MEDI-CAL PRIVACY
21 All services performed by CONTRACTOR under this Agreement shall be in strict
2 2 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
2 3 to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
24 10850 and 14100.2; the CDSS Manual ofPolicies and Procedures, Division 19-0000; the California
2 5 Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H;
2 6 and the Medi-Cal Data Privacy and Security Agreement between the California DHCS and the County
2 7 of Fresno, Agreement No. A-14-075, by this reference incorporated herein, to assure that all
2 8 applications and records concerning program recipients shall be kept confidential and shall not be
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1 opened to examination, publicized, disclosed, or used for any purpose not directly connected with
2 administration of the program. Agreement No. A-14-075 is available upon request or can be viewed
3 at: http://www.co.fresno.ca.us/MediCalPrivacy/. CONTRACTOR shall inform all of its employees,
4 agents, officers, subcontractors, Board of Directors members or partners of this provision; and that any
5 person knowingly and intentionally violating this provision is guilty of a misdemeanor.
6 12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
7 A. The parties to this Agreement shall be in strict conformance with all applicable
8 Federal and State of California laws and regulations, including but not limited to Sections 5328,
9 10850, and 14100.2 et seq. ofthe Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of
10 Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code, Sections
11 11977 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance
12 Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of
13 Title 42, United States Code (USC) and its implementing regulations, including, but not limited to
14 Title 45, CFR, Sections 142, 160, 162, and 164, The Health Information Technology for Economic
15 and Clinical Health Act (HITECH) regarding the confidentiality and security of patient information,
16 and the Genetic Information Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of
1 7 genetic information.
18 Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
19 Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions,
2 0 activities or services for or on behalf of COUNTY, as specified in this Agreement, provided that such
21 use or disclosure shall not violate the Health Insurance Portability and Accountability Act (HIPAA),
22 42 USC 1320d et seq. The uses and disclosures ofPHI may not be more expansive than those
2 3 applicable to COUNTY, as the "Covered Entity" under the HIPAA Privacy Rule ( 45 CFR 164.500 et
2 4 seq.), except as authorized for management, administrative or legal responsibilities of the Business
2 5 Associate.
26 B. CONTRACTOR, including its subcontractors and employees, shall protect, from
2 7 unauthorized access, use, or disclosure of names and other identifying information, including genetic
2 8 information, concerning persons receiving services pursuant to this Agreement, except where
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1 permitted in order to carry out data aggregation purposes for health care operations [ 45 CFR Sections
2 I64.504 (e)(2)(i), I64.504 (3)(2)(ii)(A), and I64.504 (e)(4)(i)] This pertains to any and all persons
3 receiving services pursuant to a COUNTY funded program. This requirement applies to electronic
4 PHI. CONTRACTOR shall not use such identifYing information or genetic information for any
5 purpose other than carrying out CONTRACTOR's obligations under this Agreement.
6 C. CONTRACTOR, including its subcontractors and employees, shall not disclose any
7 such identifYing information or genetic information to any person or entity, except as otherwise
8 specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part I 64 or other law,
9 required by the Secretary, or authorized by the client/patient in writing. In using or disclosing PHI
10 that is permitted by this Agreement or authorized by law, CONTRACTOR shall make reasonable
11 efforts to limit PHI to the minimum necessary to accomplish intended purpose of use, disclosure or
12 request.
13 D. For purposes of the above sections, identifying information shall include, but not
14 be limited to name, identifying number, symbol, or other identifying particular assigned to the
15 individual, such as finger or voice print, or photograph.
16 E. For purposes of the above sections, genetic information shall include genetic
1 7 tests of family members of an individual or individual, manifestation of disease or disorder of family
18 members of an individual, or any request for or receipt of, genetic services by individual or family
19 members. Family member means a dependent or any person who is first, second, third, or fourth
2 0 degree relative.
21 F. CONTRACTOR shall provide access, at the request of COUNTY, and in the
22 time and manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
2 3 Section 164.50 I), to an individual or to COUNTY in order to meet the requirements of 45 CFR
2 4 Section 164.524 regarding access by individuals to their PHI. With respect to individual requests,
2 5 access shall be provided within thirty (30) days from request. Access may be extended if
2 6 CONTRACTOR cannot provide access and provides individual with the reasons for the delay and the
2 7 date when access may be granted. PHI shall be provided in the form and format requested by the
2 8 individual or COUNTY.
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1 CONTRACTOR shall make any amendment(s) to PHI in a designated record set at the
2 request of COUNTY or individual, and in the time and manner designated by COUNTY in accordance
3 with 45 CFR Section 164.526.
4 CONTRACTOR shall provide to COUNTY or to an individual, in a time and manner
5 designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to permit
6 COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
7 accordance with 45 CFR Section 164.528.
8 G. CONTRACTOR shall report to COUNTY, in writing, any knowledge or
9 reasonable belief that there has been unauthorized access, viewing, use, disclosure, security incident,
1 0 or breach of unsecured PHI not permitted by this Agreement of which it becomes aware, immediately
11 and without reasonable delay and in no case later than two (2) business days of discovery. Immediate
12 notification shall be made to COUNTY's Information Security Officer and Privacy Officer and
13 COUNTY's DPH HIPAA Representative, within two (2) business days of discovery. The notification
14 shall include, to the extent possible, the identification of each individual whose unsecured PHI has
15 been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or breached.
16 CONTRACTOR shall take prompt corrective action to cure any deficiencies and any action pertaining
17 to such unauthorized disclosure required by applicable Federal and State Laws and regulations.
18 CONTRACTOR shall investigate such breach and is responsible for all notifications required by law
19 and regulation or deemed necessary by COUNTY and shall provide a written report ofthe
2 0 investigation and reporting required to COUNTY's Information Security Officer and Privacy Officer
21 and COUNTY's DPH HIPAA Representative. This written investigation and description of any
2 2 reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the
2 3 breach to the addresses below:
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County ofFresno
Dept. of Public Health
HIP AA Representative
(559) 600-6439
P.O. Box 11867
Fresno, CA 93775
County of Fresno
Dept. of Public Health
Privacy Officer
(559) 600-6405
P.O. Box 11867
Fresno, CA 93775
County ofFresno
Information Technology
Services
Information Security Officer
(559) 600-5800
2048 N. Fine Street
Fresno, CA 93727
H. CONTRACTOR shall make its internal practices, books, and records relating to
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1 the use and disclosure of PHI received from COUNTY, or created or received by CONTRACTOR on
2 behalf of COUNTY, in compliance with HIP AA' s Privacy Rule, including, but not limited to the
3 requirements set forth in Title 45, CFR, Sections 160 and 164. CONTRACTOR shall make its
4 internal practices, books, and records relating to the use and disclosure of PHI received from
5 COUNTY, or created or received by CONTRACTOR on behalf of COUNTY, available to the United
6 States Department of Health and Human Services (Secretary) upon demand. CONTRACTOR shall
7 cooperate with the compliance and investigation reviews conducted by the Secretary. PHI access to
8 the Secretary must be provided during CONTRACTOR's normal busines"s hours, however, upon
9 exigent circumstances access at any time must be granted. Upon the Secretary's compliance or
10 investigation review, if PHI is unavailable to CONTRACTOR and in possession of a Subcontractor, it
11 must certify efforts to obtain the information to the Secretary.
12 I. Safeguards
13 CONTRACTOR shall implement administrative, physical, and technical
14 safeguards as required by the HIP AA Security Rule, Subpart C of 45 CFR 164, that reasonably and
15 appropriately protect the confidentiality, integrity, and availability of PHI, including electronic PHI,
16 that it creates, receives, maintains or transmits on behalf of COUNTY and to prevent unauthorized
1 7 access, viewing, use, disclosure, or breach of PHI other than as provided for by this Agreement.
18 CONTRACTOR shall conduct an accurate and thorough assessment of the potential risks and
19 vulnerabilities to the confidential, integrity and availability of electronic PHI. CONTRACTOR shall
2 0 develop and maintain a written information privacy and security program that includes administrative,
21 technical and physical safeguards appropriate to the size and complexity of CONTRACTOR's
22 operations and the nature and scope of its activities. Upon COUNTY's request, CONTRACTOR shall
2 3 provide COUNTY with information concerning such safeguards.
2 4 CONTRACTOR shall implement strong access controls and other security safeguards
2 5 and precautions in order to restrict logical and physical access to confidential, personal (e.g., PHI) or
2 6 sensitive data to authorized users only. Said safeguards and precautions shall include the following
2 7 administrative and technical password controls for all systems used to process or store confidential,
2 8 personal, or sensitive data:
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I. Passwords must not be: 1
2 a. Shared or written down where they are accessible or recognizable by
3 anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
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b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a.
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c.
Eight (8) characters or more in length;
Changea every ninety (90) days;
Changed immediately if revealed or compromised; and
10 d. Composed of characters from at least three (3) of the following four ( 4)
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1 Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
16 CONTRACTOR shall implement the following security controls on each workstation
17 or portable computing device (e.g., laptop computer) containing confidential, personal, or sensitive
18 data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
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21 3. Patch management process including installation of all operating system/software
2 2 vendor security patches.
2 3 CONTRACTOR shall utilize a commercial encryption solution that has received FIPS
2 4 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable electronic
2 5 media (including, but not limited to, compact disks and thumb drives) and on portable computing
2 6 devices (including, but not limited to, laptop and notebook computers).
2 7 CONTRACTOR shall not transmit confidential, personal, or sensitive data via e-mail
2 8 or other internet transport protocol unless the data is encrypted by a solution that has been validated by
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1 the National Institute of Standards and Technology (NIST) as conforming to the Advanced Encryption
2 Standard (AES) Algorithm. CONTRACTOR must apply appropriate sanctions against its employees
3 who fail to comply with these safeguards. CONTRACTOR must adopt procedures for terminating
4 access to PHI when employment of employee ends.
5 J. Mitigation of Harmful Effects
6 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that
7 is suspected or known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or
8 breach of PHI by CONTRACTOR or its subcontractors in violation of the requirements ofthese
9 provisions. CONTRACTOR must document suspected or known harmful effects and the outcome.
10 K. CONTRACTOR's Subcontractors
11 CONTRACTOR shall ensure that any of its contractors, including
12 subcontractors, if applicable, to whom CONTRACTOR provides PHI received from or created or
13 received by CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and
14 conditions that apply to CONTRACTOR with respect to such PHI and to incorporate, when
15 applicable, the relevant provisions of these provisions into each subcontract or sub-award to such
16 agents or subcontractors.
17 L. Employee Training and Discipline
18 CONTRACTOR shall train and use reasonable measures to ensure compliance
19 with the requirements of these provisions by employees who assist in the performance of functions or
2 0 activities on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such
21 employees who intentionally violate any provisions of these provisions, including termination of
2 2 employment.
23 M. Termination for Cause
2 4 Upon COUNTY's knowledge of a material breach of these provisions by
2 5 CONTRACTOR, COUNTY shall either:
26 I. Provide an opportunity for CONTRACTOR to cure the breach or end the
2 7 violation and terminate this Agreement if CONTRACTOR does not cure the breach or end the
2 8 violation within the time specified by COUNTY; or
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1 2. Immediately terminate this Agreement if CONTRACTOR has breached a
2 material term ofthese provisions and cure is not possible.
3 3. If neither cure nor termination is feasible, COUNTY's Privacy Officer shall
4 report the violation to the Secretary of the U.S. Department of Health and Human Services.
5 N. Judicial or Administrative Proceedings
6 COUNTY may terminate this Agreement in accordance with the terms and
7 conditions ofthis Agreement as written hereinabove, if: (1) CONTRACTOR is found guilty in a
8 criminal proceeding for a violation of the HIP AA Privacy or Security Laws or the HITECH Act; or (2)
9 a finding or stipulation that CONTRACTOR has violated a privacy or security standard or
1 0 requirement of the HITECH Act, HIP AA or other security or privacy laws in an administrative or civil
11 proceeding in which CONTRACTOR is a party.
12 0. Effect ofTermination
13 Upon termination or expiration ofthis Agreement for any reason,
14 CONTRACTOR shall return or destroy all PHI received from COUNTY (or created or received by
15 CONTRACTOR on behalf of COUNTY) that CONTRACTOR still maintains in any form, and shall
16 retain no copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to extend
1 7 the protections of these provisions to such information, and limit further use of such PHI to those
18 purposes that make the return or destruction of such PHI infeasible. This provision shall apply to PHI
19 that is in the possession of subcontractors or agents, if applicable, of CONTRACTOR. If
2 0 CONTRACTOR destroys the PHI data, a certification of date and time of destruction shall be
21 provided to COUNTY by CONTRACTOR.
22 P. Disclaimer
2 3 COUNTY makes no warranty or representation that compliance by
2 4 CONTRACTOR with these provisions, the HITECH Act, HIP AA or the HIP AA regulations will be
2 5 adequate or satisfactory for CONTRACTOR's own purposes or that any information in
2 6 CONTRACTOR's possession or control, or transmitted or received by CONTRACTOR, is or will be
2 7 secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR is solely
2 8 responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
-16 -COUNTY OF FRESNO
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1 Q. Amendment
2 The parties acknowledge that Federal and State laws relating to electronic data
3 security and privacy are rapidly evolving and that amendment of these provisions may be required to
4 provide for procedures to ensure compliance with such developments. The parties specifically agree
5 to take such action as is necessary to amend this agreement in order to implement the standards and
6 requirements of HIP AA, the HIP AA regulations, the HITECH Act and other applicable laws relating
7 to the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days
8 written notice in the event that CONTRACTOR does not enter into an amendment providing
9 assurances regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to
1 0 satisfy the standards and requirements of HIP AA, the HIP AA regulations and the HITECH Act.
11 R. No Third-Party Beneficiaries
12 Nothing express or implied in the terms and conditions of these provisions is
13 intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
14 CONTRACTOR and their respective successors or assignees, any rights, remedies, obligations or
15 liabilities whatsoever.
16 S. Interpretation
17 The terms and conditions in these provisions shall be interpreted as broadly as
18 necessary to implement and comply with HIP AA, the HIP AA regulations and applicable State laws.
19 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved
2 0 in favor of a meaning that complies and is consistent with HIPAA and the HIP AA regulations.
21 T. Regulatory References
2 2 A reference in the terms and conditions of these provisions to a section in the
2 3 HIP AA regulations means the section as in effect or as amended.
24 U. Survival
2 5 The respective rights and obligations of CONTRACTOR as stated in this Section
2 6 shall survive the termination or expiration of this Agreement.
27 V. No Waiver of Obligations
28 No change, waiver or discharge of any liability or obligation hereunder on any
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1
2
3
one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
or shall prohibit enforcement of any obligation on any other occasion.
13. DATA SECURITY
4 For the purpose of preventing the potential loss, misappropriation or inadvertent
5 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
6 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
7 contractual relationship with COUNTY for the purpose of providing services under this Agreement
8 must employ adequate data security measures to protect the confidential information provided to
9 CONTRACTOR by COUNTY, including but not limited to the following:
10 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
11 COUNTY networks via personally owned mobile, wireless or handheld devices, except when
12 authorized by COUNTY for telecommuting and then only if virus protection software currency
13 agreements are in place, and if a secure connection is used.
14 B. Contractor-Owned Computers or Computer Peripherals may not brought into
15 COUNTY for use, including and not limited to mobile storage devices, without prior authorization
16 from COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server
17 approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
18 another type of secure connection of this type if any data is approved to be transferred.
19 C. County-Owned Computer Equipment-CONTRACTOR or anyone having an
2 0 employment relationship with COUNTY may not use COUNTY computers or computer peripherals
21 on non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or
2 2 her designee.
23 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive
2 4 data on any hard-disk drive.
25 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
2 6 and security of COUNTY's confidential information and to prevent unauthorized access to data
2 7 maintained in computer files, program documentation, data processing systems, data files and data
2 8 processing equipment which stores or processes COUNTY data internally and externally.
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1 F. Confidential client information transmitted to one party by the other by means of
2 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
3 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
4 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
5 or potential breaches of security related to COUNTY's confidential information, data maintained in
6 computer files, program documentation, data processing systems, data files and data processing
7 equipment which stores or processes COUNTY data internally or externally.
8 In the event of a breach of security related to COUNTY's confidential client
9 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
1 0 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
11 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
12 responsible for all costs incurred as a result of providing the required notification. When no longer
13 needed, all Medi-Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and
14 Security Agreement between the California DHCS and the County of Fresno, Agreement No. A-14-
15 075, whether stored in print or electronic format, must be destroyed or disposed of through
16 confidential means, as described in Agreement A-14-075. Agreement No. A-14-075, is available upon
17 request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/.
18 I. The requirements in this Data Security provision shall apply to
19 CONTRACTOR's subcontractors, if any.
20 14. NON-DISCRIMINATION
21 CONTRACTOR hereby agrees that in the performance ofthis Agreement, it will
2 2 comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the
2 3 Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food
2 4 Stamp Act of 1977, as amended and in particular Section 272.6; Title II of the Americans with
2 5 Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California
26 Government Code Section 11135-11139.5, as amended; the Fair Labor Standards Act; California
2 7 Government Code Section 4450; Title 22, California Code of Regulations Section 98000 -98413; the
2 8 Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section
-19 -C:OUN'IY OF FRESNO
Fresno, CA
1 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and
2 state laws, as well as their implementing regulations [including, but not limited to, 45 Code of Federal
3 Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that
4 employment practices and the administration of public assistance and social services programs are
5 nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex,
6 gender, gender identity, gender expression, sexual orientation, color, physical disability, mental
7 disability, medical condition, national origin, race, ancestry, marital status, religion, or religious creed
8 be excluded from participation in or be denied the benefits of, or be otherwise subject to
9 discrimination under any program or activity receiving federal or state financial assistance.
10 CONTRACTOR agrees that it will immediately take any measures necessary to effectuate the terms of
11 this Non-Discrimination provision.
12 CONTRACTOR gives the above agreement in consideration of and for the purpose of
13 obtaining any and all federal and state assistance. CONTRACTOR hereby agrees that administrative
14 methods/procedures which have the effect of subjecting individuals to discrimination or defeating the
15 objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures
16 (MPP) Chapter 21 , will be prohibited.
1 7 CONTRACTOR agrees to compile data, maintain records and submit reports as
18 required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
19 authorized COUNTY, CDSS and/or federal government personnel, during normal working hours, to
2 0 review such records, books and accounts as needed to ascertain compliance. If there are any
21 violations of this Non-Discrimination Section, CDSS shall have the right to invoke fiscal sanctions or
22 other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government
2 3 Code Section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal
2 4 agency for further compliance action and enforcement of this Section. Furthermore, if an allegation of
2 5 discrimination occurs, COUNTY may withhold all further funds, until CONTRACTOR can show
2 6 clear and convincing evidence to the satisfaction of COUNTY that funds provided under this
2 7 Agreement were not used in connection with the alleged discrimination.
28 A. Employment Opportunity-CONTRACTOR shall comply with the COUNTY
-20 -COUNTY OF FRESNO
hesno, C/1
1 policy and the Equal Employment Opportunity Commission guidelines, which forbid discrimination
2 against any person on the grounds of ethnic group identification, age, sex, gender, gender identity,
3 gender expression, sexual orientation, color, physical disability, mental disability, medical condition,
4 national origin, race, ancestry, marital status, religion, or religious creed in employment practices.
5 Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading,
6 demotion, transfer, rates of pay or other forms of compensation, use of facilities and other terms and
7 conditions of employment.
8 B. Nepotism-Except by consent of the COUNTY'S DSS Director, or designee," no
9 person shall be employed by CONTRACTOR who is related by blood or marriage to, or who is a
1 0 member of the Board of Directors or an officer of CONTRACTOR.
11 C. The requirements stated above are binding on CONTRACTOR directly or
12 through contract, license, or other provider services, as long as it receives federal or state assistance.
13 15. CHARITABLE CHOICE
14 CONTRACTOR may not discriminate in its program delivery against a client or
15 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
16 refusal to actively participate in a religious practice. Any specifically religious activity or service made
1 7 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
18 from County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it
19 is faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy
2 0 on referring individuals to an alternate treatment provider, and include a copy of this policy in its
21 client admission forms. The policy must inform individuals that they may be referred to an alternative
2 2 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
2 3 to this policy will be monitored during annual site reviews, and a review of client files. If
2 4 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
2 5 report to DSS the number of individuals who requested referrals to alternate providers based on
2 6 religious objection.
27 16.
28
PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under
-21 -COUNTY OF l'RESNO
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1 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
2 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
3 Notwithstanding the above, publicity of the services described in Section One ( 1) of this Agreement
4 shall be allowed as necessary to raise public awareness about the availability of such specific services
5 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
6 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
7 related expense(s).
8 17. DISCLOSURE OF SELF -DEALING TRANSACTIONS
9 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
1 0 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
11 status to operate as a corporation.
12 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
13 transactions that they are a party to while CONTRACTOR is providing goods or performing services
14 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
15 is a party and in which one or more of its directors has a material financial interest. Members of the
16 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
1 7 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
18 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
19 dealing transaction or immediately thereafter.
20 18. PERSONNEL DISCLOSURE
21 CONTRACTOR shall make available to COUNTY a list of all CONTRACTOR
2 2 personnel providing services hereunder. Changes to this list will be immediately provided to
2 3 COUNTY's DSS in writing. The list shall provide the following information:
24 A. All full or part-time staff positions by title whose direct services are required to
2 5 provide the program services described herein;
26 B. A brief description of the functions of each such position and hours each person
2 7 in such position works each week or, for part-time positions, each day or month, as appropriate;
28 C. The education and experience levels required for each position; and
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1 D. The names of persons filling the identified positions and languages staff is able
2 to provide services in.
3 19. CLEAN AIR AND WATER
4 In the event the funding under this Agreement exceeds One Hundred Thousand and
5 Nol100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders or
6 requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water
7 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated
8 thereunder. Under these laws· and regulations, CONTRACTOR shall assure:
9 A. No facility shall be utilized in the performance of the Agreement that has been
1 0 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
11 B. COUNTY shall be notified prior to execution ofthis Agreement of the receipt
12 of any communication from the Director, Office ofFederal Activities, U.S. EPA indicating that a
13 facility to be utilized in the performance of this Agreement is under consideration to be listed on the
14 EPA list of Violating Facilities;
15 C. COUNTY and U.S. EPA shall be notified about any known violation of the
16 above laws and regulations; and
17 D. This assurance shall be included in every nonexempt subgrant, contract, or
18 subcontract.
19 20. DRUG-FREE WORKPLACE REQUIREMENTS
2 0 CONTRACTOR hereby provides the certification that is required by regulations
21 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F, requiring the
2 2 maintenance of a drug-free workplace. False certification or violation of the certification shall be
2 3 grounds for suspension of payments, suspension or termination of grants, or government wide
2 4 suspension or debarment. CONTRACTOR shall also comply with the requirements of the Drug-Free
25 Workplace Act of 1990 (California Government Code section 8350 et seq.)
2 6 Ill
27 Ill
2 8 Ill
-23 -C:OUN'IY OF FRESNO
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1 21.
2
3
4
DEBARMENT-CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER
TIER COVERED TRANSACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
5 used under the terms of this Agreement. CONTRACTOR, hereby certifies, as required by the
6 regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98,
7 section 98.510, Participant's responsibilities. The regulations were published as Part VII of the May
8 26, 1988 Federal Register (pages 19160-19211), the following:
9 1) Neither it nor its principals are presently debarred, suspended, proposed
1 0 for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
11 any Federal department or agency.
12 2) Shall not knowingly enter into any lower tier covered transaction with a
13 person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in
14 this covered transaction, unless unauthorized by the Federal department or agency with which this
15 transaction originated.
16 3) Where CONTRACTOR is unable to certify to any of the statements in
1 7 this certification, CONTRACTOR shall attach an explanation to this Agreement.
18 4) Provide immediate written notice to COUNTY if at any time.
19 CONTRACTOR learns that its certification in Paragraph Twenty-Two (22) of this Agreement was
2 0 erroneous when submitted or has become erroneous by reason of changed circumstances.
21 5) Include a clause identical to Paragraph Twenty-Two (22) of this
2 2 Agreement and titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
2 3 Exclusion-Lower Tier Covered Transactions", in all lower tier covered transactions and in all
2 4 solicitations for lower tier covered transaction.
25 6) This assurance shall be included in every nonexempt subgrant, contract,
2 6 or subcontract that CONTRACTOR enters into relating to this Agreement.
27 7) The certification in Paragraph Twenty-Two (22) of this Agreement is a
2 8 material representation of fact upon which COUNTY relied in entering into this Agreement.
-24 -COUNTY OF FRESNO
Fresno, CA
1 22. ACKNOWLEDGEMENT
2 CONTRACTOR shall acknowledge in all public relations activities, materials and
3 publications that COUNTY is a funding source for services to be provided through this Agreement.
4 23. POLITICAL ACTIVITY
5 None of the funds, materials, property or services provided directly or indirectly under
6 this Agreement shall be used for any political activity, or to further the election or defeat of any
7 candidate for public office.
8 24. LOBBYING ACTIVITY
9 None of the funds provided under this Agreement shall be used for publicity,
10 lobbying or propaganda purposes designed to support or defeat legislation pending in the Congress of
11 the United States of America or the Legislature of the State of California.
12 25. STATE ENERGY CONSERVATION
13 CONTRACTOR must comply with the mandatory standard and policies relating to
14 energy efficiency which are contained in the State Energy Conservation Plan issued in compliance
15 with 42 United States (US) Code sections 6321, et. seq.
16 26. GRIEVANCES
1 7 CONTRACTOR shall establish procedures for handling client complaints and/or
18 grievances. Such procedures will include provisions for informing clients of their rights to a State
19 Hearing to resolve such issues.
20 27. FRATERNIZATION
21 CONTRACTOR shall establish procedures addressing fraternization between
2 2 CONTRACTOR's staff and clients. Such procedures will include provisions for informing
23 CONTRACTOR's staff and clients regarding fraternization guidelines.
24 28. INTERPRETATION OF LAWS AND REGULATIONS
2 5 COUNTY reserves the right to make final interpretations or clarifications on issues
2 6 relating to Federal and State laws and regulations applicable to this Agreement, to ensure
2 7 compliance.
2 8 Ill
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Fre>no, C1\
1 29. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
2 COUNTY, its officers, consultants, subcontractors, agents and employees shall comply
3 with all applicable State, Federal and local laws and regulations governing projects that utilize
4 Federal Funds.
5
6
30. RECORDS
A. Record Establishment and Maintenance
7 CONTRACTOR shall establish and maintain records in accordance with those
8 requirements prescribed by COUNTY and communicated in writing to CONTRACTOR with respect
9 to all matters covered by this Agreement. CONTRACTOR shall retain all fiscal books, account
10 records and client files for services performed under this Agreement for four (4) years from date of
11 final payment under this Agreement or until all State and Federal audits are completed for that fiscal
12 year, whichever is later.
13
14
B. Cost Documentation
1) CONTRACTOR shall submit to COUNTY within ten (10) calendar
15 days following the end of the prior month all fiscal and program reports. CONTRACTOR shall also
16 furnish to COUNTY such statements, records, data and information as COUNTY may request
17 pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide
18 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments
1 9 until compliance is established.
20 2) All costs shall be supported by properly executed payrolls, time records,
21 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
2 2 Agreement and they shall be clearly identified and readily accessible. The support documentation
2 3 must indicate the line budget account number to which the cost is charged.
24 3) COUNTY shall notify CONTRACTOR in writing within thirty (30)
2 5 days of any potential State or Federal audit exception discovered during an examination. Where
2 6 findings indicate that program requirements are not being met by CONTRACTOR and State or
2 7 Federal participation in this program may be imperiled in the event that corrections are not
2 8 accomplished by CONTRACTOR within thirty (30) days of receipt of such notice from COUNTY,
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1 written notification of the findings shall constitute COUNTY's intent to terminate this Agreement.
2 C. Service Documentation
3 CONTRACTOR agrees to maintain records to verify services under this
4 Agreement including names and addresses of clients served, the date of service and a description of
5 services provided on each occasion. These records and any other document pertaining in whole or in
6 part to this Agreement, shall be clearly identified and readily accessible.
7 D. Use of Data
8 CONTRACTOR shall gfant to COUNTY and the United States Department
9 Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the
1 0 world to publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, and/or disclose in
11 any manner and for any purpose whatsoever and to authorize others to do so, all subject data now or
12 hereafter covered by copyright. CONTRACTOR shall exert all reasonable effort to advise COUNTY
13 at time of delivery of subject data furnished under this Agreement, of all possible invasions of the
14 right of privacy therein contained, and of all portions of such subject data copied from work not
15 composed or produced in the performance of this Agreement and not licensed under this provision.
16 As used in this clause, the term "Subject Data" means writing, sound
17 recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals,
18 forms, diagrams, work flow charts, equipment descriptions, data files and data processing of
19 computer programs, and works of any similar nature (whether or not copyrighted or copyrightable)
2 0 which are first produced or developed under this Agreement by or for CONTRACTOR. The term
21 does not include financial reports, cost analyses and similar information incidental to contract
2 2 administration.
2 3 CONTRACTOR shall report to COUNTY promptly and in written detail, each
2 4 notice of claim of copyright infringement received by CONTRACTOR with respect to all subject
2 5 data delivered under this Agreement. CONTRACTOR shall not affix any restrictive
2 6 markings upon any data. If markings are affixed, COUNTY shall have the right at any time to
2 7 modify, remove, obliterate or ignore such markings.
2 8 COUNTY shall have access to any report, preliminary findings or data
-27 -COUNTY OF I'RESNO
Frc~no, CA
1 assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive
2 written permission from COUNTY prior to publication of any materials developed under this
3 Agreement and file with COUNTY a copy of all educational and training materials, curricula,
4 audio/visual aids, printed material and periodicals, assembled pursuant to this Agreement prior to
5 publication.
6 31. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
7 To the extent necessary to prevent disallowance of reimbursement under section
8 186l(v)(l)(l) ofthe Social Security Act (42 U.S.C. § 1395x(v)(l)[I]), until the expiration offour (4)
9 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
10 upon written request to the Secretary of the United States Department of Health and Human Services,
11 or upon request to the Comptroller General ofthe United States General Accounting Office, or any of
12 their duly authorized representatives, a copy of this Agreement and such books, documents and
13 records as are necessary to certify the nature and extent of the costs of these services provided by
14 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
15 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
16 or cost of Ten Thousand and Noll 00 Dollars ($1 0,000.00) or more over a twelve ( 12) month period,
17 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
18 of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
19 organizations shall make available, upon written request to the Secretary of the United States
2 0 Department of Health and Human Services, or upon request to the Comptroller General of the United
21 States General Accounting Office, or any of their duly authorized representatives, a copy of such
2 2 subcontract and such books, documents and records of such organization as are necessary to verify the
2 3 nature and extent of such costs.
24 32. SINGLE AUDIT CLAUSE
2 5 CONTRACTOR agrees to provide a copy of its audit report, performed in accordance
2 6 with the requirements of the Single Audit Act of 1984 (31 USC section 7502) and subject to the terms
27 of Office ofManagement and Budget (OMB) Circulars (A-110, A-122 and A-133), to COUNTY.
2 8 Such audit shall be delivered to COUNTY's DSS, for review not later than nine (9) months after the
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1 close of the CONTRACTOR's fiscal year in which the funds supplied through this Agreement are
2 expended and/or received for this program. The audit must include a statement of findings or a
3 statement that there were no findings. If there were negative findings, CONTRACTOR must include a
4 corrective action plan signed by an authorized individual. Failure to comply with the Single Audit Act
5 may result in COUNTY performing the necessary audit tasks, or, at COUNTY's option, contracting
6 with a qualified accountant to perform this audit. All audit costs related to this Agreement are the sole
7 responsibility of CONTRACTOR who agrees to take corrective action to eliminate any material
8 noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY
9 under this paragraph shall be performed only after written notice to CONTRACTOR and billed to
10 CONTRACTOR at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax
11 Collector.
12 33. AUDITS AND INSPECTIONS
13 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
14 deem necessary, make available to COUNTY for examination all of its records and data with respect
15 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
16 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
1 7 compliance with the terms of this Agreement.
18 Ifthis Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
19 CONTRACTOR shall be subject to the examination and audit ofthe State of California Auditor
2 0 General for a period of three (3) years after final payment under contract (California Government
21 Code section 8546. 7).
22 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
2 3 review process and comply with all final determinations rendered by the COUNTY's fiscal review
24 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
2 5 consumers, it may result in the disallowance of payment for services rendered; or in additional
2 6 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
2 7 COUNTY's DSS Director or designee. If as a result of COUNTY's fiscal review process a
2 8 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
-29 -COUNTY CW I'RESNO
l'rc$no, C;\
1 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
2 adjusted from CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or
3 designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
4 outcomes, decisions and actions.
5 34. NOTICES
6 The persons having authority to give and receive notices under this Agreement and their
7 addresses include the following:
8
9
10
11
12 35.
COUNTY
Director, County of Fresno
Department of Social Services
PO BOX 1912
Fresno, CA 93718-1912
CONTRACTOR
Director
Marjaree Mason Center
1600 M. Street
Fresno, CA 93710
CHANGE OF LEADERSHIP I MANAGEMENT
13 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
14 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
15 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
16 Mail, postage prepaid, addressed to such party.
17 In the event of any change in the status of CONTRACTOR'S leadership or
18 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
19 the date of change. Such notification shall include any new leader or manager's name, address and
2 0 qualifications. "Leadership or management" shall include any employee, member, or owner of
21 CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
2 2 exercises control over the manner in which services are provided, or c) has authority over
2 3 CONTRACTOR's finances.
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36. GOVERNING LAW
The parties agree, that for the purposes of venue, performance under this Agreement is
to be in Fresno County, California.
The rights and obligations ofthe parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
-30 -COUN'IY OF J<RESNO
Fresno, C1\
1 37. ENTIRE AGREEMENT
2 This Agreement, including all Exhibits, COUNTY and CONTRACTOR's response
3 thereto, constitutes the entire agreement between CONTRACTOR and COUNTY with respect to the
4 subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments,
5 writings, advertisements, publications and understandings of any nature whatsoever unless expressly
6 included in this Agreement.
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-31 -COUNTY OF FRESNO
Fresno, C\
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
ATTEST:
CONTRACTOR: COUNTY OF FRESNO
5 MARJAREE SON CENTER, INC
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PrintName:~~~~~~~~yW~-
Title: ~JM;h~v ]\
Chairman of the Board, or
President, or any Vice President
Print Name: M<i<'LY.S ~t'\'\A
Title: Q,c;;-.cctbc o~ btvil\L-=c
Secretary (of Corporation), or
any Assistant Secretary, or
ChiefFinancial Officer, or
any Assistant Treasurer
Mailing Address:
Marj aree Mason Center
1600 M. Street
Fresno, CA 93721
Phone No.: (559) 237-4706
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-32 -COUNTY OF FRESNO
Fresno, CA
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
AP OVED AS TO ACCOUNT G F M:
VICKI CROW, C.P.A., AUDITO -C ROLLER/
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass: 0001110000
Organization: 561 07001
Account/Program: 7870/0
DEN:vcu
-33 -COUNTY OF FRESNO
Fn:sno, CA
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
SUMMARY OF SERVICES
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2018 ($1,690,509)
July 1, 2018-June 30,2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
I. SUMMARY OF SERVICES
Exhibit A
Page 1 of 10
The Marjaree Mason Center (MMC) shall provide and coordinate Domestic Violence Services for
participants referred by the County Department of Social Services, CaiWORKs and Child Welfare
Services Divisions. Services shall include a full range of assessments and interventions to meet the
unique needs of victims and their families. MMC shall provide specialized domestic violence training
for Department staff to improve recognition of the signs and symptoms of domestic violence
throughout the community, and increase knowledge of the interventions and resources available to
combat the issue. Services shall cover the entire geographic area of the County of Fresno, which can
be accessed at the following link: http://www.co.fresno.ca.usNiewDocument.aspx?id=20601.
II. CONTRACTOR's RESPONSIBILITIES
As the only emergency domestic violence shelter in the County of Fresno, MMC shall coordinate
Domestic Violence Services for clients participating in the California Work Opportunity and
Responsibility to Kids (CaiWORKs) or involved in the Child Welfare System. Contractor will establish
an additional services provision site for referred DSS Family Stabilization Program (FSP) participants
who are nonresidential. The use of safe house shelters (three locations) shall be made available with
core supportive services include, such as counseling, legal assistance, and crisis support. Shelter
services include but are not limited to food, clothing, case management, assistance with childcare
and life skills classes. MMC shall provide appropriate translator for clients on an as-needed basis with
no cost to the client.
MMCs Children's Enrichment Center Program (included in the Safe House residential operation and
in the new FSP delivery site for nonresidential) serves children either staying at MMC's Emergency
Safe House or those who are nonresidential. MMC staff shall conduct assessments to determine the
families overall housing, mental health and substance abuse status and needs, and collaborate with
DSS staff to ensure the coordination of services. Relative to the CaiWORKs program; MMC and DSS
shall develop a plan specific to each family's needs.
A. INITIAL ASSESSMENT
1. MMC Crisis lntake/Hotline Staff and Residential intake is available 7 days a week, 24-
hours of day, including weekends and holidays.
2. FS Referral for Non-Residential services (MMC FS Case Manager/Clinical Assessment)
Initial Assessments Include:
Exhibit A
Page 2 of 10
3. Screen for Perinatal Mood and Anxiety Disorders (PMAD), utilizing the Patient Health
Questionnaire (PHQ9) Survey (for clients pregnant or parenting a child 0-2 years of age)
4. Assess the current needs for emergency services for the family
5. Complete the intake process, as appropriate
6. Provide information of MMCs clinical services
7. Coordinate with DSS for services, as appropriate
8. Contact Law Enforcement, as appropriate
9. Provide emergency medical services
10. Provide crisis stabilization referral for clients with Mental Health issues
11. Provide shelter for safety of the family
12. Assess for Alcoholic and Drugs Abuse (AOD) and address issues or concerns
13.Assist in obtaining a Restraining Order, if necessary for the safety of the family
14. Provide families with counseling sessions as needed (average of 5 counseling sessions
per family)
B. SAFE HOUSE INTAKE (Residential Intake)-
1 . MMC Client Services Advocate shall provide the following services for families who are in
need of Safe House Services:
a) Complete Intake Form
b) Verify Homelessness -Residential FSP referrals are required to be Homeless
(mandatory criteria for residential at MMC Safe Houses)
a. DSS staff shall complete the required HUD form upon completing the referral
c) Conduct a drug test
d) Complete intake forms for each child)
e) Document the family's domestic violence history
f) Provide immediate food, clothing and housing needs
g) Provide domestic violence counseling as needed
h) Document medications and obtain medical history
i) Collect family photos and documents, including but not limited to birth certificates,
custody and restraining orders.
j) Abuser information and Photo
k) Assign the Family a room
I) Provide a Program Orientation
2. Intake and a needs assessment shall be conducted by MMC for each child and referred
to the following services as appropriate:
a) Children's Services Coordinator
b) Clinical Director
c) MMC Family Stabilization (FS) Case Manager
3. The MMC FS Case Manager shall:
a) Assess the need for emergency legal, health and safety concerns of the family
b) Complete the HMIS -Fresno Madera Continuum of Care (FMCoC) and HUD
mandated form
c) Attach the HMIS to the intake form for data entry and crisis case issues resolution.
C. ASESSMENT & ORIENTATION -RESIDENTIAL
1. For DSS families receiving Residential services, families shall:
a. Complete Shelter Orientation -an overview of rules and program expectations.
b. Review the MMC handbook with MMC staff.
Exhibit A
Page 3 of 10
c. Complete necessary intake packet including a needs assessments on children including
but not limited to the Ages & Stages Questionnaire (ASQ/ASQ-SE) for children.
d. Complete clinical tests (Brief Symptom Inventory (BSI) or similar assessment tool.
e. Complete the children's assessment through MMC staff's observation in the Children's
Enrichment Center (EC).
f. Complete the EC orientation ongoing assessment.
g. Complete the Screen for Child Anxiety Related (SCARED) or assessment tool to
identify the child's emotional disorders. Other assessment tools may be used depending
upon the child's age .•
h. Allow for the observation of behavior of the child and the interaction with the parent and
others.
2. MMC Clinical staff shall identify therapeutic and educational strategies for families and
incorporate in the Case Services Plan, in coordination with DSS Family Stabilization
designated staff.
D. ASESSMENT & ORIENTATION -NON-RESIDENTIAL
1. For DSS families receiving other Domestic Violence services, families shall:
a. Complete necessary intake packet, including a needs assessment on children including
but not limited to the Ages & Stages Questionnaire (ASQ/ASQ-SE) for children.
b. Be scheduled for clinical tests (Brief Symptom Inventory (BSI) or similar assessment
tool.
c. Be scheduled for the children's assessment through MMC clinical staff's observation,
and parent interview.
d. Complete the Screen for Child Anxiety Related (SCARED) or assessment tool to
identify the child's emotional disorders. Other assessment tools may be used depending
upon the child's age.
e. Allow for the observation of behavior of the child and the interaction with the parent and
others.
2. MMC Clinical staff shall identify therapeutic and educational strategies for families and
incorporate in the Case Services Plan, in coordination with DSS I MMC FS Case
Manager.
E. CASE PLAN -Completed within the first week
The MMC Case Manager shall conduct a family case plan meeting; incorporating input from
MMCs Clinical staff, Children's Services Coordinator, Legal staff, and DSS Staff to initiate and
formulate and address the family's immediate Domestic Violence, legal, safety, therapeutic,
education and specific child service needs.
The Case Plan meeting shall include:
1. Development and discussion of the Case Plan with the family
2. Identify priorities, steps toward securing healthy living and housing
3. Assessment of family's need for supportive legal services (Restraining Orders and court
attendance)
4. Coordinate and identify with DSS Staff family safety issues (safety planning)
Exhibit A
Page 4 of 10
5. Parental supports, as appropriate, including but not limited to how to care for child's needs,
parent coaching; and offer parenting classes.
6. Referrals for perinatal services to community partners
7. Determine the family's needs for available community services and provide referrals to
needed services
8. Review of information including but not limited to family strengths, issues, basic family
needs, health, legal, safety, housing, and staff's family observations
A Case Plan and intake shall be developed with all referrals and the family shall be included in
the process. As appropriate DSS staff shall also provide input for the case plan, and all parties
shall agree upon the Case Plan and sign the plan. The Case Plan shall be sent to DSS
designated DSS staff by MMC staff and the family. The Case Plan shall be updated and
• reviewed on a scheduled basis with the family. Any modifications or issues with the initial case
plan shall be sent to DSS and MMC staff. MMCs FS Case Manager shall provide DSS
progress reports on a regular basis and as requested by DSS designated staff.
F. FAMILY STAFFING
1. The Family Staffing shall be scheduled as needed or in lieu of the Case Plan meeting
depending on the complexity of the family's situation and shall include DSS staff, and in
some cases outside agencies and I or family members.
2. Families identified as a high safety risk, may be invited to stay in the MMC Safe House; or
shall be provided with high level therapeutic, legal, child education development
concerns/needs.
3. The Family Staffing may involve Mental Health (MH), health, education, intervention and
voluntary family maintenance plans:
4. The Family Staffing shall be conducted initially (if needed) and prior to returning to exiting
the program to ensure necessary supports are in place for the family to be safe.
5. Family members are involved in the group meeting as the Case Plan may be modified or
new strategies for supports, intervention and assistance may be added to the plan.
6. Family Staffing shall also occur if family is not participating in the program, to determine on-
going involvement.
G. REFERALS TO OTHER AGENCIES:
Mental Health or Alcohol and Other Drugs Abuse (AOD) Treatment Programs
Based upon the MMC assessment referrals shall be made to Mental Health and Substance
Abuse Outpatient or Residential Care programs, as appropriate. MMC and DSS shall
coordinate to ensure families have access to the appropriate services. DSS shall assist with
placement of families in substance abuse treatment programs and arrangement of mental
health counseling.
Exhibit A
Page 5 of 10
H. TRANSITIONAL HOUSING-(FRESNO, REEDLEY & CLOVIS-31 days to 18-months)
MMC Transitional Housing or other available Transitional Housing Program (THP) shall be
provided as appropriate and based on availability. If the family qualifies for MMC Transitional
Housing, MMC staff shall develop a long-term care plan, incorporating the services and
supports included in the original case plan and shall also include the children's interventions;
independent living curriculum and incorporate self-sufficiency planning. Early Head Start and
Head Start for children shall also be included in the long-term plan for children who are not yet
school age, as appropriate and available.
I. PERMANENT HOUSING
The long term objective for the family is to obtain and maintain safe, permanent housing and
gain self-sufficiency through Rapid Re-Housing assisted, low income housing; Housing
Authority programs including Section 8, other permanent housing or with family members with
the Case Plan and needed support available.
Once the family exits MMC residential emergency or transitional housing; MMC and DSS shall
transition the case to DSS; unless the family is placed with MMC Welcome Home-Tenant
based Rental Assistance (permanent housing) project. In this case, an MMC Welcome Home
Case Manager will assume coordination of services with the family and DSS.
J. TERMINATION FROM FSP
Family program participation may end voluntarily or the family may be referred back to the
DSS if they are not participating in accordance to the family's Case Plan with services and/or
required meetings. DSS will be notified of client or family concerns that may warrant that
designated DSS FS staff to visit the home for follow-up. In these cases a coordinated I
consultation will occur whether on-going services should continue.
Failure to attend two (2) subsequent scheduled counseling sessions will be cause for
closing/terminating clinical services. Upon one (1) absence, MMC shall notify DSS FSP
designated staff to ensure DSS is able to intervene prior to the second absence.
K. TRAINING
1. MMC shall provide introductory level training on Domestic Violence and an overview of the
family dynamics affected by Domestic Violence. This training shall be conducted to a
maximum of 700 DSS staff, in 4 hour segments.
2. MMC shall also provide State Certified 40-hour Domestic Violence training to 10
designated DSS staff between April -June 2015; and an additional 25 for each FY of the
Agreement, as outlined in State Evidence Code § 1037-1037.8. Training shall identify the
complexity of domestic violence, dynamics of families experiencing domestic violence and
increase DSS staff knowledge, understanding, and awareness of the issues faced by the
families, allowing an integrated approach in the facilitation of services.
3. The State Certified training shall include but is not limited to:
Exhibit A
Page 6 of 10
a) Introduction to Domestic Violence: An Overview of Dynamics: Explore facts about
domestic violence, and how they differ from common societal attitudes. As well as
understanding the prevalence and dynamics of domestic violence on adult victims,
children and the community.
b) Domestic Violence Effects on Children: Addresses the impact on children's
emotional, social and behavioral condition.
c) Understanding Batterer Dynamics: Addresses the typology of abusive behavior.
d) Substance Abuse (SA) and Domestic Violence: Address common beliefs of SA
being a causal factor of the abuse. In addition, gaining an understanding of
substance use effect on the brain functioning and the impact on the family.
e) kNOw MORE, Teens and Domestic Violence: Address working with teen survivors of
relationship abuse, responding to and providing appropriate interventions and
referrals.
f) Law Enforcement Response to Domestic Violence: A vital component in
understanding the victim's process into the legal systems. It will increase one's
knowledge of law enforcement's response to domestic violence.
g) Survivor Stories: The journey of victims of domestic violence from several cultural
perspectives, including the diverse culture of each family.
h) MMC Services and Crisis: Overview of services MMC can provide to families
impacted by domestic violence. The training will also explore a client's journey
through hotline services and crisis drop-in services.
i) LGBT Community and Domestic Violence: Addresses the historical lack of focus on
this population, and building awareness and broadening perspectives and
therapeutic planning.
j) Human Trafficking: Gain an understanding of the definition of human trafficking and
the dynamics where the use of force, fraud, or coercion is used to control other
people for the purpose of engaging in commercial sex or forcing them to provide
labor services against their will. Tactics such as violence, threats, deception, debt
bondage, and other manipulative tactics are used to trap victims in horrific situations
every day in America. All trafficking victims share one essential experience -the
loss of freedom.
k) Legal Options: Process for applying for a Restraining Order as well as an
introduction to the Family Court process for the client and victim advocacy.
L. MMC FAMILY STABILIZATION PROGRAM STAFFING
1. Case Management Services Summary:
Exhibit A
Page 7 of 10
In the rural communities, the (2.0 FTE) MMC FS Case Managers shall collaborate with
DSS staff, and provide support for families who are need of that advocacy, outreach and
transportation assistance throughout the geographic area of the County of Fresno, as
referenced in Section A of this Exhibit A.
a. The MMC FS Case Manager advocate shall work directly with DSS staff to coordinate
of services, interventions and possibly safe housing for families. Weekly updates of
DSS families shall be provided to DSS Staff.
b. The MMC FS Case Managers are responsible for:
2. Transport clients to and from aftpointments as needed. The MMC Case Manager shall
provide shelter-based Case Management advocacy and would work directly with assigned
DSS staff to coordinate services, interventions and housing for families, and provide weekly
updates on DSS families and their progress.
3. Families referred through the Family Stabilization Program within the MMC Safe House,
shall have the same MMC Case Manager to work with and coordinate service delivery.
4. For Residential FSP families, the MMC Case Manager is also responsible for: .
5. Monitoring the participants' (parents and/or children) progress and residential programs
involvement; and
6. To document and monitor the families' participation/progress in the EC activities with the
Children's Coordinator.
7. The (1.0 FTE) MMC FS Lead Case Manager shall:
a. Receive and review all referral documents and/or communications from DSS staff for
possible non-residential advocacy services.
b. Assign cases to the appropriate worker/provide immediate service needs, if any.
c. Carry a reduced case load, no more than 70% of MMCs average case load
d. Coordinating contact with the participant, as referred by DSS and scheduling an Intake
Assessment/Orientation appointment with MMC, if appropriate.
e. Provide DSS staff with weekly/regular updates of families' participation
f. Provide DSS staff with recommended Case Plan changes
g. Notify DSS of when participants are experiencing difficulty with Case Plan activities
h. Assess and/or contact DSS staff for supportive services
1. Attend DSS meetings on the Family Stabilization program in-services & planning
sessions
8. MMC Case Management Staffing includes:
a. FTE MMC Lead Case Manager to Carry Cases & Coordinate the MMC FS Project
b. FTE MMC Rural and Non Residential FS Case Managers who will provide 100% case
carrying services.
c. 0.5 -FTE Client Services Advocate (residential) for services needs of clients during
non-business hours, evenings and weekends -specifically when the NEW MMC FS
Services Site is closed and referrals are sent to the MMC Administration building for
Exhibit A
Page 8 of 10
assessment completion and or follow-up; hotline/24-7 reception of referral/assessment
package completion.
M. MMC Clinical Services Summary
MMC will provide clinical services to children and families that are referred by DSS, clients
that reside in metro and rural cities within the County of Fresno.
Clinical services shall include individual counseling, assessments, group sessions on
Safety/Support; family and children's groups (art therapy and family group activities); also
included are the Life skills Services groups which include a 12-week relationship
communications, handling issues of anger or high emotion in a productive manner; and the
Choices Program-as options available for clinical services -provided as identified in the case
plan services need.
MMC will also partner with Exceptional Parents Unlimited Children's Center, Central Valley
Regional Center, Comprehensive Youth Services and others community providers to refer
Family Stabilization participants for services within Fresno County's metro and rural areas.
MMC Clinical Staffing:
1. 1.5 -FTE Licensed Marriage, Family Therapist (LMFT) or Licensed Clinical Social
Worker (LCSW) and/or interns for counseling service for families referred from the
Family Stabilization Program; and MMC shall provide
2. 1.0 -FTE Family Skills Specialist staff to ensure that the children's groups,
assessments, and access to all other children's services (short of staying in the
Enrichment Center) are available to nonresidential children referrals. Counseling
sessions shall be provided for families as based on a fee for service as described in
Exhibit 8, Budget Summary.
MMC Legal Services Staffing
1.0 FTE Victim Advocate Position MMC will provide legal advocacy services, onsite
educational and resource information to all referrals from DSS, as requested or identified
as being needed in the rural community sites & legal options classes. Legal services will
also assist with Restraining Orders; court transportation and attendance; outreach and
educational services to the Rural communities regarding Marjaree Mason Center
services and will be a point of access for services.
N. MMC FAMILY STABILIZATION DEVELOPMENT OF SERVICES SITE(S):
Marjaree Mason Center shall establish a new operational site for the Family Stabilization
Program serving DSS families close in proximity to the current MMC service site.
Ill. COUNTY RESPONSIBILITIES
DSS shall:
1. Provide MMC with DSS eligibility forms.
2. Educate MMC in Family Stabilization and the intensity of the services that need to be
provided.
Exhibit A
Page 9 of 10
3. Designate staff to work closely with MMC and provide training as required for working
through the Family Stabilization Program.
4. Meet with MMC staff on a weekly basis or as often as needed for service coordination
problem/issue resolution, information sharing, coordination of training, review, and
monitor of services.
5. Support the MMC staff in the provision of services and work with MMC staff for an
appropriate exit of a family from residential programs, when these services are not
appropriate or the client is non-participatory.
6. Assist MMC staff in accessing treatment program services for the FSP families for
residential services at Substance Abuse Program and Mental Health Services-through
county contracted agencies.
7. Ensure DSS is available to assist Monday through Friday during the hours of 8:00 a.m.
to 4:00p.m. If data outcomes determine the need for additional DSS FSP staff support,
DSS may establish an on-call staff member to assist MCC with FSP.
IV. MONTHLY REPORTS AND OUTCOMES
DSS shall consider CONTRACTOR performance levels when determining funding
recommendations for future Agreements. For each 12 month contract period, CONTRACTOR
shall provide client data that reflects numbers served; services provided; and outcomes at time
of case closure, in order to meet and support the ongoing development and measurement of
performance levels of this partnership.
MMC staff may meet with DSS staff as often as needed for service coordination, problem and
issue resolution, information sharing, training, and review and monitoring of services. MMC
shall provide DSS monthly activity reports on number of clients served. MMC and COUNTY
shall mutually agree on changes to data tracking as needed.
PERFORMANCE MEASURE EXPECTED LEVEL OF
PERFORMANCE
Referral Rate -The number of For April -June 30, 2015: DSS estimates
DSS families referred to MMC. identifying 70 families eligible for the FSP.
For July 1 -June 30: DSS estimates
identifying 590 families el!gible for FSP.
Actual Services Provided -MMC For April -June 30, 2015: DSS estimates a
shall track each individual family maximum of 15 families referred to
member for services provided by emergency shelters and 55 families for
MMC and referrals to community Domestic Violence services at MMC with a
partners maximum of 75 counseling sessions
(average of 5 counseling sessions per
family).
For July 1 -June 30: DSS estimates a
Measurement Parameters: MMC
shall provide data on the number of
referrals received from DSS, how
many families accepted services,
what services were received, how
many families discontinued the
program and the reasons why, and
how many families reached the goal
of stabilization to participate in DSS
required activities.
Exhibit A
Page 10 of 10
maximum of 300 families accepting services
for emergency shelter and I or Domestic
Violence services at MMC with a maximum
of 1,500 counseling sessions (average of 5
counseling sessions per family).
For April -June 30, 2015: MMC shall
provide a summary of referrals received,
total of families which accepted services,
how many individuals were serviced from
each family and a detailed report on types
of services rendered and outcomes/status
of families by July 31, 2015.
.
For July 1 -June 30: MMC shall provide a
summary of referrals received, total of
families which accepted services, how
many individuals were serviced from each
family and a detailed report on types of
services rendered and outcomes/status of
families by July 31, for each FY of this
Agreement.
V. REFERRAL TRACKING AND FOLLOW-UP:
MMC Lead CM shall provide a list of all new DSS referrals from the previous week to DSS
Program Manager or staff via secured email.
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
BUDGET SUMMARY
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2018 ($1 ,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
April -June 30, 2015
BUDGET CATEGORIES
SALARIES & BENEFITS
Personnel Salaries
Employee Benefits
Subtotal
SERVICE & SUPPLIES
Payroll Taxes
Insurance
Operational Expenses
Direct Client Services
Subtotal
TOTAL
ACCOUNT
NUMBER
0100
0200
0150
0250
0300
0350
Exhibit B
Page 1 of 10
AMOUNT
$62,605
$ 10,455
$ 73,060
$ 5,550
$ 9,396
$ 54,996
$ 6,250
$ 76,192
$149.252
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
BUDGET SUMMARY
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2018 ($1,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
July 1, 2015 -June 30, 2016
BUDGET CATEGORIES
SALARIES & BENEFITS
Personnel Salaries
Employee Benefits
Subtotal
SERVICE & SUPPLIES
Payroll Taxes
Insurance
Operational Expenses
Direct Client Services
Subtotal
TOTAL
ACCOUNT
NUMBER
0100
0200
0150
0250
0300
0350
Exhibit 8
Page 2 of 10
AMOUNT
$250,421
$ 41,820
$292.241
$ 22,195
$ 37,583
$ 81,700
$ 89.000
$230.478
$522.719
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
BUDGET SUMMARY
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2018 ($1 ,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019 -June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
Exhibit B
Page 3 of 10
July 1-June 30 (FY 2016/17, 2017/18, 2018/19, 2019/2020) for each 12 month period
ACCOUNT
BUDGET CATEGORIES NUMBER AMOUNT
SALARIES & BENEFITS
Personnel Salaries
Employee Benefits
Subtotal
SERVICE & SUPPLIES
Payroll Taxes
Insurance
Operational Expenses
Direct Client Services
Subtotal
TOTAL
0100
0200
0150
0250
0300
0350
$250,421
$ 41,820
$292.241
$ 22,195
$ 37,583
$ 81,700
$ 75.550
$217.028
$509.269
ORGANIZATION:
HUMAN RESOURCES
MARJAREE MASON CENTER, INC.
Exhibit B
Page 4 of 10
SERVICES: FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
CONTRACT PERIODS: April 21, 2015-June 30, 2018 ($1 ,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019 -June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
SALARIES: April-June 30, 2015
POSITION FTE MONTHLY
SALARY
Clinical Therapist 1.5 $ 6,377
Family Skills Specialist 1.0 $ 2,125
Case Manager 2.0 $ 5,243
Lead Case Manager 1.0 $ 3,465
Victim Advocate 1.0 $ 2,754
Client Services Advocate 0.5 $ 1,052
Subtotal ~21 ,016
EMPLOYEE BENEFITS
Subtotal:
Medical Insurance (16.70%)
TOTAL
(Personnel Salaries & Benefits)
SALARIES: July 1-June 30 (each 12 month period)
POSITION FTE MONTHLY
SALARY
Clinical Therapist 1.5 $ 6,378
Family Skills Specialist 1.0 $ 2,125
Case Manager 2.0 $ 5,093
Lead Case Manager 1.0 $ 3,467
Victim Advocate 1.0 $ 2,754
Client Services Advocate 0.5 $ 1,052
Subtotal $20,869
EMPLOYEE BENEFITS
TOTAL BENEFITS:
Medical Insurance (16.70%)
TOTAL (Personnel Salaries & Benefits)
April to June 2015
$19,133
$ 6,375
$15,278
$10,400
$ 8,263
$ 3,156
~62,605
$ 10,455
$ 10,455
$ 73.060
ANNUAL SALARY
$76,533
$25,501
$61,110
$41,600
$33,051
$12,626
~250,421
$41,820
$41,820
$292.241
BUDGET DETAIL
ORGANIZATION: MARJAREE MASON CENTER, INC.
SERVICES: FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
CONTRACT PERIODS: April21, 2015-June 30,2018 ($1,690,509)
July 1, 2018 -June 30, 2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
April 2015 -June 30, 2015
Number
0150
Category Descriptions
PAYROLL TAXES
Medicare
State Unemployment Insurance
Payroll Liability
0250 INSURANCE
Workers Compensation
0300 OPERATIONAL EXPENSES
Communications
Office Expenses
Equipment
Facilities
Travel (Actual Mileage Reimbursement)
0550 DIRECT CLIENT
Counseling Sessions (75 sessions @ $30 per session)
Interpreter Services
State Certified 40-hour DV Counselor Training
( 10 Staff@ $250 per person)
TOTAL
Sub-Total
$ 908
$ 760
$ 3,882
$ 9,396
$ 2,125
$ 675
$29,000
$22,196
$ 1,000
$ 2,250
$ 1,500
$ 2,500
Exhibit B
Page 5 of 10
Total
$ 5.550
$ 9.396
$54.996
~ 6,250
$76.192
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
BUDGET DETAIL
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April21, 2015-June 30,2018 ($1,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
July 1, 2015 to June 30, 2016
Number Category Descriptions
0150 PAYROLL TAXES
Medicare
Sub-Total
$ 3,631
$ 3,038
Exhibit 8
Page 6 of 10
Total
State Unemployment Insurance
Payroll Liability $ 15,526 $22.195
0250 INSURANCE
Workers Compensation $ 37,583 $ 37.583
0300 OPERATIONAL EXPENSES
Communications
Office Expenses
Equipment
Facilities
$ 4,500
$ 2,700
$ 9,700
$58,800
Travel (Actual Mileage Reimbursement) $ 6,000 $ 81.700
0550 DIRECT CLIENT
Counseling Sessions (1 ,500 sessions @ $30 per session) $ 45,000
Interpreter Services $ 24,300
State Certified 40-hour DV Counselor Training $ 6,250
(25 Staff @ $250 per person)
DV Training for a Maximum of 700 Staff (One Time Only) $13,500
(18 Sessions of DV Training@ $750 each)
TOTAL
$89,050
$230,528
ORGANIZATION:
SERVICES:
CONTRACT PERIODS:
BUDGET DETAIL
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2018 ($1 ,690,509)
July 1, 2018-June 30, 2019 ($ 509,269)
July 1, 2019-June 30, 2020 ($ 509,269)
MAXIMUM COMPENSATION: $2,709,047
Exhibit B
Page 7 of 10
. July 1 -June 30 (FY 2016/17, 2017/18, 2018/19, 2019/2020) for each 12 month period
Number Category Descriptions Sub-Total Total
0150 PAYROLL TAXES
Medicare $ 3,631
State Unemployment Insurance $ 3,038
Payroll Liability $ 15,526 $ 22,195
0250 INSURANCE
Workers Compensation $37,583 $37,583
0300 OPERATIONAL EXPENSES
Communications $ 4,500
Office Expenses $ 2,700
Equipment $ 9,700
Facilities $58,800
Travel (Actual Mileage Reimbursement) $ 6,000 $81.700
0550 DIRECT CLIENT
Counseling Sessions (1 ,500 sessions @ $30 per session) $45,000
Interpreter Services $24,300
State Certified 40-hour DV Counselor Training $ 6,250
(25 Staff@ $250 per person) ~75,550
TOTAL $217.028
Exhibit B
Page 8 of 10
DEPARTMENT OF SOCIAL SERVICES
SAMPLE MONTHLY FINANCIAL REPORT
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
REPORT MONTH:
CATEGORY
Personnel Salaries 0100
Employee Benefits 0200
SUBTOTALS:
CATEGORY
Payroll Taxes 0150
Insurance 0250
Operational Expenses 0300
Direct Client Services 0350
SUBTOTALS
TOTALS
REPORTED PREPARED BY:
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
April 21, 2015-June 30, 2015 ($149,242)
BUDGET
$ 62,605
$ 10,455
$ 73,060
BUDGET
$ 5,550
$ 9,396
$ 54,996
$ 6,250
$76.192
$149.252
% SPENTYTD:
EXPENSES
$
$
$
EXPENSES
$
$
$
$
$
$
YTD EXPENSES
$
$
$
YTD EXPENSES
$
$
$
$
$
$
DATE:
************************************************************************************************************************
APPROVED FOR PAYMENT: ________________ DATE: ____ _
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
REPORT MONTH:
CATEGORY
Personnel Salaries
Employee Benefits
SUBTOTALS:
CATEGORY
Payroll Taxes
Insurance
Operational Expenses
Direct Client Services
SUBTOTALS
TOTALS
DEPARTMENT OF SOCIAL SERVICES
SAMPLE MONTHLY FINANCIAL REPORT
MARJAREE MASON CENTER, INC.
Exhibit B
Page 9 of 10
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
0100
0200
0150
0250
0300
0350
July 1, 2015-June 30,2016 ($522,719)
BUDGET
$ 250,421
$ 41,820
$292.241
BUDGET
$ 22,195
$ 37,583
$ 81,700
$ 89,000
$230,478
$522,719
% SPENTYTD:
EXPENSES
$
$
$
EXPENSES
$
$
$
$
$
$
YTD EXPENSES
$
$
$
YTD EXPENSES
$
$
$
$
$
$
REPORTED PREPARED BY: _________________________________ DATE: ________ _
************************************************************************************************************************
APPROVED FOR PAYMENT: ______________________________ DATE: ______ _
Exhibit B
Page 10 of 10
DEPARTMENT OF SOCIAL SERVICES
SAMPLE MONTHLY FINANCIAL REPORT
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
REPORT MONTH:
CATEGORY
Personnel Salaries 0100
Employee Benefits 0200
SUBTOTALS:
CATEGORY
Payroll Taxes 0150
Insurance 0250
Operational Expenses 0300
Direct Client Services 0350
SUBTOTALS
TOTALS
REPORTED PREPARED BY:
MARJAREE MASON CENTER, INC.
FAMILY STABILIZATION PROGRAM
DOMESTIC VIOLENCE SERVICES & TRAINING
July 1, XXXX-June 30, XXXX ($509,269)
% SPENTYTD:
BUDGET· EXPENSES
$250,421 $
$ 41,820 $
$292.241 $
BUDGET EXPENSES
$ 22,195 $
$ 37,583 $
$ 81,700 $
$ 75,550 $
$217,028 $
$509.269 $
YTD EXPENSES
$
$
$
YTD EXPENSES
$
$
$
$
$
$
_________________________________ DATE: ________ _
************************************************************************************************************************
APPROVED FOR PAYMENT: _______________________________ DATE: ________ _
SELF-DEAUNG TRANSACTION DISCLOSURE FORM
Exhibit C
Page 1 of 2
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
Exhibit C
Page 2 of 2
(4} Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: l Date: l