HomeMy WebLinkAboutAgreement A-13-575-2 with Promesa Behavioral Health, Inc..pdf
COUNTY OF FRESNO
Fresno, CA
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AMENDMENT II TO AGREEMENT
THIS AMENDMENT is made and entered into this __________ day of ____________, 2017,
by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
hereinafter referred to as "COUNTY", and PROMESA BEHAVIORAL HEALTH, INC., a California
corporation, whose address is 7120 N. Marks Ave, Suite #110, hereinafter referred to as
“CONTRACTOR” (collectively the “parties”).
WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
No. 13-575, effective September 17, 2013, as amended by Amendment I, identified as County
Agreement No. 13-575-1 effective May 24, 2016, hereafter referred to collectively as the Agreement;
and
WHEREAS, PROVIDER has agreed to provide outpatient alcohol and substance use disorder
treatment services to Fresno County minors between the ages of 12 and 17 years old; and
WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and
restate the Agreement in its entirety.
NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
1. That Paragraph Four (4) – Compensation, in the Agreement, on Page Three (3), beginning
with Line Thirteen (13) and ending on Page Five (5), Line Twenty-One (21) be deleted in in its entirety
and the following inserted in its place:
“4. COMPENSATION
A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
receive compensation for provision of Outpatient Substance Use Disorder treatment services performed
by CONTRACTOR in accordance with the published State Maximum Allowable Drug Medi-Cal rates
for Fiscal Year 2017-18, or when applicable, the rate(s) subsequently approved by California
Department of Health Care Services for the then current twelve-month period during which the
Agreement is in effect. For each twelve (12) month period of July 1, 2013 through June 30, 2017, in no
event shall the total compensation for actual services performed under this Agreement be in excess of
Eighty Thousand and No/100 Dollars ($80,000). For the twelve month period of July 1, 2017 through
COUNTY OF FRESNO
Fresno, CA
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June 30, 2018, in no event shall the total compensation for actual services performed under this
Agreement be in excess of Five Thousand and No/100 Dollars ($5,000.00).
It is understood that all expenses incidental to CONTRACTOR’s performance of
services under this agreement shall be borne by CONTRACTOR.
B. The contract maximum amount as identified in this Agreement may be
reduced based upon State, Federal, and local funding availability. In the event of such action,
COUNTY’s DBH Director or her designee, shall notify the CONTRACTOR in writing of the reduction
in the maximum amount within 30 days of notification of same from the funding source.
In the event funding for these services is delayed by the State Controller,
COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment shall not
exceed the amount of funding delayed by the State Controller to the COUNTY. The period of time of
the deferral by COUNTY shall not exceed the period of time of the State Controller’s delay of payment
to the COUNTY plus forty-five days.
C. Payments –CONTRACTOR shall complete the year end cost report in
accordance to Section 16 of this Agreement at the end of each fiscal year to reflect actual cost and
reimbursement for services provided. Within forty-five (45) days of the reconciliation by COUNTY,
CONTRACTOR shall make payment to COUNTY or COUNTY shall reimburse CONTRACTOR as
appropriate.
Payment by COUNTY shall be in arrears, based on CONTRACTOR’s monthly
invoices submitted for services provided during the preceding month, within forty-five (45) days after
receipt and verification of CONTRACTOR’s monthly invoices by COUNTY’s DBH Substance Use
Disorder Services.
For services rendered herein, CONTRACTOR shall assure that an on-going quality
assurance component is in place and is occurring. CONTRACTOR shall assure that clinical records for
each participant are of such detail and length that a review of said record will verify that appropriate
services were provided. If the record is unclear, incomplete, and/or indicates that appropriate services
were not provided, COUNTY reserves the right to withhold payment for the applicable unit(s) of
service. If CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall
COUNTY OF FRESNO
Fresno, CA
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be relieved of its obligation for further compensation. CONTRACTOR’s and COUNTY’s obligations
under this section shall survive the termination or expiration of this Agreement with respect to services
provided during the Term of this Agreement without regard to the cause of termination of this
Agreement.
D. Public Information - CONTRACTOR shall disclose its funding source in all
public information, however, this requirement of disclosure of funding source shall not be required in
spot radio or television advertising.
E. Lobbying Activity - CONTRACTOR shall not directly or indirectly use any
of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to
support or defeat legislation pending before the Congress of the United States or the Legislature of the
State of California.
F. Political Activity - CONTRACTOR shall not directly or indirectly use any
of the funds under this Agreement for any political activity or to further the election or defeat of any
candidate for public office.
G. Funding Sources – Any direct or indirect service provided by
CONTRACTOR as part of its overall alcohol and SUD program may be partially supported by revenues
or in-kind contributions generated by CONTRACTOR. Said direct and indirect services provided under
this Agreement may be partially supported by private or agency contributions. It shall be the obligation
of CONTRACTOR to determine and claim all revenue possible from private pay sources and third party
payers. CONTRACTOR shall not use any funds under this Agreement for services covered by Drug
Medi-Cal or other health insurance for eligible beneficiaries. CONTRACTOR shall claim all Drug
Medi-Cal covered services for eligible beneficiaries through the Drug Medi-Cal claiming process.
COUNTY will only reimburse CONTRACTOR for services rendered that are not covered by Drug
Medi-Cal, other insurance or other revenue sources.
Any revenues generated by CONTRACTOR in excess of the amounts budgeted in
this Agreement, may be utilized to expand/enhance the services during COUNTY’s fiscal years in which
revenues are collected or in the following COUNTY fiscal year. Additional revenues will be considered
separate and distinct from COUNTY’s payment to CONTRACTOR. The manner and means of service
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Fresno, CA
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expansion/enhancement shall be subject to the prior written approval of COUNTY’s DBH Director or
her designee. CONTRACTOR shall disclose all sources of revenue to COUNTY. Under no
circumstances will COUNTY funded staff time be used for fund-raising purposes.
H. Cost of Living Adjustment – CONTRACTOR shall not utilize any funds
provided under this Agreement for cost of living adjustments to CONTRACTOR’s employee
compensation in excess of what is approved in the budget submitted with the RFP response.”
2. That Paragraph Twenty-Seven (27) – Compliance With Laws/Policies – in the Agreement,
on Page Thirty (30), beginning with Line Six (6) and ending on Page Thirty-One (31), Line Seven (7)
be deleted in its entirety and the following inserted in its place:
27. COMPLIANCE WITH LAWS/POLICIES
CONTRACTOR shall comply with all applicable rules and regulations set forth in
Titles 9 and 22 of the California Code of Regulations, and California Health and Safety Code section
11750 et seq. CONTRACTOR shall comply with any other Federal and State laws or guidelines
applicable to CONTRACTOR performance under this Agreement or any local ordinances, regulations,
or policies applicable. Such provisions include, but are not restricted to:
A. CONTRACTOR shall provide that each client's ability to pay for services
is determined by the use of the method approved by COUNTY.
B. CONTRACTOR shall establish and use COUNTY’s approved method of
determining and collecting fees from clients.
C. CONTRACTOR shall furnish client records in accordance with the
applicable Federal and State regulations, and with the Alcohol and/or Other Drug Program Certification
Standards set forth by the California Department of Health Care Services, including in such records a
treatment plan for each client, and evidence of each service rendered.
D. CONTRACTOR shall submit accurate, complete and timely claims and
cost reports, reporting only allowable costs.
E. CONTRACTOR shall comply with statistical reporting and
program evaluation systems as provided in State of California regulations and in this Agreement.
F. CONTRACTOR shall comply with the State of California,
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Fresno, CA
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Department of Alcohol and Drug Programs Services Parolee Services Network (PSN).
3. That Paragraph Forty-Three (43) – Trafficking In Persons Provisions – Private Entity -,
which was added to the Agreement by Amendment I at Page Forty (40), Line Twenty-Four (24) be
deleted in its entirety and the following inserted in its place, and insert Paragraphs Forty-Four (44),
Forty-Five (45) and Forty-Six (46) to read as follows:
“43. TRAFFICKING IN PERSONS PROVISIONS – PRIVATE ENTITY
CONTRACTOR shall conform to all Federal statutes and regulations prohibiting
trafficking in persons, as well as trafficking-related activities, including, but not limited to the trafficking
of persons provisions in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) as
amended by Section 1702.
CONTRACTOR, CONTRACTOR’s employees, subrecipients, and subrecipients’
employees may not:
A. Engage in severe forms of trafficking in persons during the period of time
that the award is in effect;
B. Procure a commercial sex act during the period of time that the award is in
effect; or
C. Use forced labor in the performance of the award or subawards under the
award.
This agreement may be unilaterally terminated, without penalty, if
CONTRACTOR or a subrecipient that is a private entity is determined to have violated a prohibition of
the TVPA or has an employee who is determined by the DBH Director or designee to have violated a
prohibition of the TVPA through conduct that is either associated with performance under the award or
imputed to the CONTRACTOR or their subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines
to Agencies on Government-wide Debarment and Suspension (Nonprocurement).
CONTRACTOR must inform the DBH Director or her designee immediately of
any information received from any source alleging a violation of a prohibition of the TVPA.
CONTRACTOR must sign a certification annually acknowledging the Trafficking
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Fresno, CA
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Victims Protection Act of 2000 requirements, attached hereto as Exhibit H: TVPA 2000 Certification,
incorporated herein by reference and made part of this Agreement and must require all employees to
complete annual TVPA training.
44. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
CONTRACTOR shall adhere to the State-County Contract requirement that no
funds shall be used to carry out any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug unless the DHCS chooses to implement a demonstration
syringe services program for intravenous drug users.
45. UNLAWFUL USE OF DRUGS AND ALCOHOL
CONTRACTOR shall ensure that information provided to clients contains a
clearly written statement that there shall be no unlawful use of drugs or alcohol associated with
CONTRACTOR. Additionally CONTRACTOR shall ensure that no aspect of the program includes any
message in materials, curricula, teachings, or promotion of the responsible use, if the use is unlawful, of
drugs or alcohol pursuant to Health and Safety Code (HSC) 11999-11999.3. CONTRACTOR shall
maintain that any unlawful use of drugs and alcohol is illegal and dangerous.
CONTRACTOR must sign the certification attached hereto as Exhibit I: Unlawful
Use of Drugs and Alcohol Certification, incorporated herein by reference and made part of this
Agreement agreeing to uphold the obligations of HSC 11999 – 11999.3.
COUNTY shall enforce the requirement of “No Unlawful Use” set forth by DHCS
and requires CONTRACTOR to enforce the requirement as well.
46. CONFIDENTIALITY OATH
CONTRACTOR shall ensure that all of its employees sign a written confidentiality
oath, attached hereto as Exhibit J: Oath of Confidentiality, before they begin employment with
CONTRACTOR and shall renew said document annually thereafter. CONTRACTOR shall retain each
employee’s written confidentiality oath for COUNTY and DHCS inspection for a period of six (6) years
following the termination of this agreement.”
4. That Paragraph Forty-Four (44) – Entire Agreement - shall be renumbered to read as
Paragraph Forty-Seven (47) “ENTIRE AGREEMENT”:
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Fresno, CA
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5. That Exhibit B, Scope of Work, be deleted and replaced with Revised Exhibit B, attached
hereto and incorporated herein by this reference. All references in the Agreement to “Exhibit B” shall
be deleted and replaced with “Revised Exhibit B”.
6. That Exhibit A, Service Site Locations, and Exhibit C be deleted in their entirety. All
references in the Agreement to “Exhibit A” and “Exhibit C” shall be deleted.
7. COUNTY and PROVIDER agree that this Amendment II is sufficient to amend the
Agreement; and that upon execution of this Amendment II, the Agreement, Amendment I and
Amendment II together shall be considered the Agreement.
8. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions, and promises contained in the Agreement and not amended herein shall remain in
full force and effect. This Amendment II shall be effective July 1, 2017.
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1 IN WITNESS WHEREOF, the parties hereto hav e ex ecuted this Amendment II to Agreement No.
2 13-575 as of the day and year first hereinabove wri tten .
3
4 ATTEST:
5
6 PROVIDER:
7 PRO MESA BEHAVIORAL HEALTH, INC. COUNTY OF FRESNO
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Print Name:/_V/;c!l_l!£1. iJ.,R ;Jf;r~t~otL6 L
Title: ~c:4rtt;;
Chairman of the Board, or
President, or any Vice President
.5j1Sj:ze;7
PrintName: b\~ttnAA. 9~{
Title : LO'l v~ \ lerL
Secretary of Corporation,
any Assistant Secretary, or
ChiefFinancial Officer, or
Assistant Treasurer
Mailing Address:
7120 N . Marks Ave, Suite 110
Fresno , CA 93711
Contact: Chief Executive Officer
Ill
Ill
B y__,_JL--=-· ~~--
Brian Pacheco, Chairman
Board of Supervisors
Date : LS? -<bO -\J
BERNICE E. SEIDEL, Clerk
Board of Superviso rs
B y ~.t~::b\<.:>hC>f>
b-epu3lf
Date : \_ o -d...D -I)
-8 -COUNTY OF FRESN O
Fresno , CA
Youth Treatment Services
.PROGRAM DESCRIPTION,
REVISED EXHIBIT B-SCOPE
OF WORK
Page 2 of 5
The Promesa Behavioral Health Youth Treatment program is a minimum 90-day Outpatient
Substance Use Disorder treatment program that implements a variety of evidence-based treatment
strategies that are culturally and linguistically sensitive, and gender specific. Services are delivered in
individual and group therapy sessions at various locations within Fresno County.
SCHEDULE OF SERVICES.
CONTRACTOR staff shall be available to provide Outpatient Substance Use Disorder and Co
occurring treatment services Mondays through Fridays. CONTRACTOR shall enroll clients into an
appropriate level of treatment within 72 hours of initial assessment.
TARGET POPULATION
The target population that will participate in or more of the programs is:
1)Between the ages of 12 to 17 years old;
2)residents of Fresno County;
3)meeting the DSM IV-TR criteria for placement in the appropriate program.
STAFFING REQUIREMENTS.
1.CONTRACTOR shall implement each program through guidance and oversight of the
project, including operations, strategic planning/development, and direct services, provided
by the Program Director, Senior AOD Counselor, and a Medical Director.
2.Clinical Treatment Staff: The Program Senior AOD Counselor and the AOD Counselors
work as part of a Multi-disciplinary Casework team that is under the direction of the Program
Director. Direct services are delivered by AOD Counselors. According to CCR Title 9, by
October 1, 2005 or within six months of the date of hire, whichever is later, all non-licensed
or non-certified individuals providing counseling services in an AOD program are required to
register to obtain certification as an AOD counselor by one of the certifying organizations
specified in the regulation. Further, registrants shall complete certification as an AOO
counselor within five years of the date of registration. In addition, according to CCR Title 9,
by April 2010, at least 30% of staff providing counseling services in AOD programs shall be
licensed or certified.
3.The Outpatient treatment staff will be available on-site 6 hours a day, 5 days a week.
Participants may access crisis intervention through the main facility telephone number (559)
981-5534.