HomeMy WebLinkAboutAgreement A-18-256 Substance Abuse Treatment Svc's..pdfCOUNTY OF FRESNO
Fresno, CA
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AGREEMENT
This Agreement is made and entered into this ______ day of _____________ 2018, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
referred to as “COUNTY”, and each contractor listed in Exhibit A, attached hereto and incorporated
herein by this reference, collectively hereinafter referred to as "CONTRACTORS", and such
additional contractors as may, from time to time during the term of this Agreement, be added by
COUNTY.
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Social Services (DSS) has a need for
substance use disorder treatment services for CalWORKs and Child Welfare clients; and
WHEREAS, CONTRACTORS represent they are qualified to provide substance abuse disorder
treatment services needed by COUNTY, and are willing to provide them subject to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1.SERVICES
A. CONTRACTORS shall perform all services and fulfill all responsibilities as
identified in Exhibit B, Summary of Services, attached hereto and incorporated herein by this
reference.
B.Additionally, CONTRACTORS shall provide all services in accordance with the
State of California’s Social Services Manual of Policies and Procedures, Eligibility and Assistance
Standards, incorporated herein by this reference.
C.COUNTY shall be held responsible for services as set forth in the Summary of
Services, identified in Exhibit B, under COUNTY RESPONSIBILITIES.
D.CONTRACTORS may be added to this Agreement in accordance with
Paragraph Eleven (11) of the Agreement and shall follow all of the COUNTY’s application
requirements.
E.All requests for services under this Agreement shall be at the sole discretion of
8th May
Agreement No. 18-256
COUNTY OF FRESNO
Fresno, CA
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COUNTY. COUNTY cannot guarantee any number of referrals to any particular agency.
2.TERM
The term of this Agreement shall be for a period of three (3) years, commencing on July
1, 2018 through and including June 30, 2021. This agreement may be extended for two (2) additional
consecutive twelve (12) month periods upon the approval of both parties no later than thirty (30) days
prior to the first day of the next twelve month extension period. The Director of the Department of
Social Services or designee is authorized to execute such written approval on behalf of COUNTY
based on CONTRACTORS’ satisfactory performance.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided thereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated at any time by giving CONTRACTORS thirty (30) days advance written notice.
B.Breach of Contract - COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
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 of this Agreement or any default which may then exist on the part of CONTRACTORS.
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 CONTRACTORS the repayment to
COUNTY of any funds disbursed to CONTRACTORS under this Agreement, which in the judgment
of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTORS
shall promptly refund any such funds upon demand or, at COUNTY’s option, such repayment shall be
deducted from future payments owing to CONTRACTORS under this Agreement.
C.Without Cause - Under circumstances other than those set forth above, this
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Agreement may be terminated by COUNTY or COUNTY’s DSS Director, or designee, upon giving
thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. Written notice
of termination given by a CONTRACTOR to the COUNTY shall only be effective as to the
Agreement in relation to that CONTRACTOR and shall have no effect on the Agreement with respect
to all other CONTRACTORS. Likewise, written notice of termination given by the COUNTY or
COUNTY’s DSS Director, or designee, shall only be effective as to the Agreement in relation to the
CONTRACTOR to whom the notice is addressed and shall have no effect on the Agreement with
respect to all other CONTRACTORS.
4.COMPENSATION
For claims submitted for services rendered under this Agreement, COUNTY agrees to
pay CONTRACTORS and CONTRACTORS agree to receive compensation for costs associated with
the delivery of Substance Abuse Treatment services provided by the CONTRACTORS in accordance
with the rates set forth in Exhibit C, attached hereto and incorporated herein by this reference. In no
event shall the actual services performed under this Agreement by all CONTRACTORS collectively
be in excess of Three Million Four Hundred Thousand and No/100 Dollars ($3,400,000) for any
Twelve (12) month period of this Agreement. It is understood that all expenses incidental to
CONTRACTOR’s performance of services under this Agreement shall be borne by the
CONTRACTORS. In no event shall the total cumulative compensation for actual services performed
under this Agreement be in excess of Seventeen Million and No/100 Dollars ($17,000,000).
Payments by COUNTY shall be in arrears, for services rendered during the preceding month,
within forty-five (45) days after receipt, verification, and approval of CONTRACTORS’ invoices by
COUNTY. If CONTRACTORS should fail to comply with any provision of the Agreement,
COUNTY shall be relieved of its obligation for further compensation.
5.INVOICING
CONTRACTORS shall invoice COUNTY in arrears by the tenth (10th) of each month
for actual services rendered in the previous month to: DSSInvoices@co.fresno.ca.us. A service plan
and/or progress report shall accompany the invoice, reflecting services supported by the invoiced
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amount. All invoices and supporting documentation must be in a format acceptable to COUNTY’S
DSS. No reimbursement for services shall be made until invoices, service plans and/or progress
reports are received by COUNTY’S DSS. CONTRACTORS who are Drug Medi-Cal certified are
required to bill Medi-Cal eligible services for referred clients.
At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or substance, COUNTY’s DSS Director or designee shall have the right
to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
days prior notice to CONTRACTORS. CONTRACTORS agree to continue to provide services for a
period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety
(90) day period, the invoice(s) is still not corrected to COUNTY’s DSS satisfaction, COUNTY’s DSS
Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days
after the expiration of each term of this Agreement or termination of this Agreement, at the discretion
of COUNTY’s DSS Director or designee, COUNTY’s DSS shall have the right to deny payment of
any additional invoices received.
6.INDEPENDENT CONTRACTORS
In performance of the work, duties, and obligations assumed by CONTRACTORS under
this Agreement, it is mutually understood and agreed that CONTRACTORS, including any and all of
CONTRACTORS’ officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
right to control or supervise or direct the manner or method by which CONTRACTORS shall perform
their work and function. However, COUNTY shall retain the right to administer this Agreement so as
to verify that CONTRACTORS are performing their obligations in accordance with the terms and
conditions thereof. CONTRACTORS and COUNTY shall comply with all applicable provisions of
law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters
which are directly or indirectly the subject of this Agreement.
Because of its status as an independent contractor, CONTRACTORS shall have
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absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTORS shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, CONTRACTORS shall be solely
responsible and save COUNTY harmless from all matters relating to payment of CONTRACTORS'
employees, including compliance with Social Security, withholding, and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTORS
may be providing services to others unrelated to COUNTY or to this Agreement.
7.MODIFICATION
A.Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B.CONTRACTORS further understand that this Agreement is subject to any
restrictions, limitations or enactments of all legislative bodies which affect the provisions, term, or
funding of this Agreement in any manner.
8.NON-ASSIGNMENT
Neither party shall assign, transfer or subcontract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the other party.
9.HOLD-HARMLESS
CONTRACTORS agree to indemnify, save, hold harmless, and at COUNTY's request,
defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by CONTRACTORS, their
officers, agents, or employees under this Agreement, and from any and all costs and expenses,
including attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting
to any person, firm, or corporation who may be injured or damaged by the performance, or failure to
perform, of CONTRACTORS, their officers, agents, or employees under this Agreement. In addition,
CONTRACTORS agree to indemnify COUNTY for Federal, State of California and / or local audit
exceptions resulting from noncompliance herein on the part of the CONTRACTORS.
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10.INSURANCE
Without limiting COUNTY's right to obtain indemnification from CONTRACTORS or
any third parties, CONTRACTORS, at their sole expense, shall maintain in full force and effect the
following insurance policies throughout the term of this Agreement:
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 of Two 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.
B.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.
C.Professional Liability
If CONTRACTORS employ 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.
D.Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
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California Labor Code.
CONTRACTORS 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 CONTRACTORS' policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTORS sign this Agreement,
CONTRACTORS shall provide certificates of insurance and endorsements as stated above for all of
the foregoing policies, as required herein, to the County of Fresno, DSS, PO BOX 1912, Fresno,
California, 93718-1912, Attention: Contracts, stating that such insurance coverages have been
obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
responsible for any premiums on the policies; that such Commercial General Liability insurance
names 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; that 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 CONTRACTORS’ policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given
to COUNTY.
In the event CONTRACTORS fail to keep in effect at all times insurance coverage as
herein provided, COUNTY may, in addition to other remedies it may have, suspend, or terminate this
Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
of A FSC VII or better.
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11.ADDITIONS/DELETIONS OF CONTRACTORS
COUNTY’S DSS Director, or designee, reserves the right at any time during the term of
this Agreement to add new CONTRACTOR(S) to those listed in Exhibit A. It is understood any such
additions will not affect compensation paid to any other CONTRACTOR, and therefore such additions
may be made by COUNTY without notice to or approval of the other CONTRACTOR(S) under this
Agreement. These same provisions shall apply to the deletion of any CONTRACTOR(S) contained in
Exhibit A, except that deletions shall be by written mutual agreement between the COUNTY and the
identified CONTRACTOR to be deleted, or shall be in accordance with the provisions of Section
Three (3) of this Agreement.
12.SUBCONTRACTS
CONTRACTORS shall obtain written approval from COUNTY or COUNTY’S DSS
Director or designee before subcontracting any of the services delivered under this Agreement.
CONTRACTORS shall ensure that any subcontractor will be subject to all applicable provisions of
this Agreement, and all applicable State and Federal regulations. CONTRACTORS shall be held
primarily responsible by COUNTY for the performance of any subcontractor unless otherwise
expressly agreed to in writing by COUNTY. The use of subcontractors by CONTRACTORS shall
not entitle CONTRACTORS to any additional compensation than is provided for under this
Agreement.
13.CONFLICT OF INTEREST
No officer, agent, or employee of COUNTY who exercises any function or
responsibility for planning and carrying out the services provided under this Agreement shall have any
direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY
shall be employed by CONTRACTORS to fulfill any contractual obligations with COUNTY.
CONTRACTORS shall also comply with all Federal, State of California, and local conflict of interest
laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this
Agreement and any officer, agent, or employee of COUNTY.
14.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTORS is operating as a corporation (a
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for-profit or non-profit corporation) or if during the term of this agreement, the CONTRACTORS changes
its status to operate as a corporation.
Members of the CONTRACTORS’ Board of Directors shall disclose any self-dealing
transactions that they are a party to while the CONTRACTORS are providing goods or performing
services under this Agreement. A self-dealing transaction shall mean a transaction to which the
CONTRACTORS are a party and in which one or more of its directors has a material financial interest.
Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to
by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D
and by this references incorporated herein, and submitting it to the COUNTY prior to commencing
with the self-dealing transaction or immediately thereafter.
15.NON-DISCRIMINATION
During the performance of this Agreement CONTRACTORS shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
regulations.
16.RECRUITMENT OF EMPLOYEES AND SERVICES TO CLIENTS
CONTRACTORS shall ensure that its employment recruitment efforts, including
administrative and professional staff positions, are carried out so as to adequately reflect the cultural and
ethnic diversity of the population of Fresno County. CONTRACTORS shall use their best efforts to serve
all cultural and ethnic groups residing in Fresno County. CONTRACTORS’ employment efforts will be
monitored by COUNTY at periodic intervals.
17.LIMITED ENGLISH PROFICIENCY
CONTRACTORS shall provide interpreting and translation services to persons
participating in CONTRACTORS’ services who have limited or no English language proficiency,
including services to persons who are deaf or blind. Interpreter and translation services shall be provided
as necessary to allow such participants meaningful access to the programs, services and benefits provided
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by CONTRACTORS. Interpreter and translation services, including translation of CONTRACTORS’
“vital documents” (those documents that contain information that is critical for accessing
CONTRACTORS’ services or are required by law) shall be provided to participants at no cost to the
participant. CONTRACTORS shall ensure that any employees, agents, subcontractor, or partners who
interpret or translate for a program participant, or who directly communicate with a program participant in
a language other than English, demonstrate proficiency in the participant’s language and can effectively
communicate any specialized terms and concepts peculiar to CONTRACTOR’S services.
18.CONFIDENTIALITY
All services performed by CONTRACTOR under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating to
confidentiality including, but not limited to: California Welfare and Institutions Code Sections 10850 and
14100.2; the CDSS Manual of Policies and Procedures, Division 19-0000; and the California Department
of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H. In addition, all
services performed by CONTRACTOR under this Agreement shall also be in conformance with the Medi-
Cal Data Privacy and Security Agreement between the California DHCS and the County of Fresno
(hereinafter referred to as “the Medi-Cal Data Agreement”) that is then in effect, which is by this reference
incorporated herein. The current Medi-Cal Data Agreement is available upon request or can be viewed at:
http://www.co.fresno.ca.us/MediCalPrivacy/. The purpose of this section is to assure that all applications
and records concerning program recipients shall be kept confidential and shall not be opened to
examination, publicized, disclosed, or used for any purpose not directly connected with the administration
of the program. CONTRACTOR shall inform all of its employees, agents, officers, and subcontractors of
this provision; and that any person knowingly and intentionally violating this provision is guilty of a
misdemeanor.
19.DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent
disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
contractual relationship with COUNTY for the purpose of providing services under this Agreement
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must employ adequate data security measures to protect the confidential information provided to
CONTRACTORS by COUNTY, including but not limited to the following:
A.Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
COUNTY networks via personally owned mobile, wireless or handheld devices, except when
authorized by COUNTY for telecommuting and then only if virus protection software currency
agreements are in place, and if a secure connection is used.
B.Contractor-Owned Computers or Computer Peripherals may not brought into
COUNTY for use, including and not limited to mobile storage devices, without prior authorization
from COUNTY’s Chief Information Officer or her designee. Data must be stored on a secure server
approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
another type of secure connection of this type if any data is approved to be transferred.
C.County-Owned Computer Equipment – CONTRACTORS or anyone having an
employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
non-COUNTY premises without prior authorization from COUNTY’s Chief Information Officer or her
designee.
D. CONTRACTORS may not store COUNTY’s private, confidential or sensitive
data on any hard-disk drive.
E.CONTRACTORS are responsible to employ strict controls to insure the integrity
and security of COUNTY’s confidential information and to prevent unauthorized access to data
maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally and externally.
F.Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
BIT or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTORS are responsible to immediately notify COUNTY of any
breaches or potential breaches of security related to COUNTY’s confidential information, data
maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally or externally.
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H.The requirements in this Data Security provision shall apply to
CONTRACTOR’s subcontractor, if any.
20.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders or requirements
issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in
33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these
laws and regulations, CONTRACTORS shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been
listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of
any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to
be utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
Violating Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above
laws
21.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, CONTRACTORS will be referred to as the “grantee”. By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False
certification or violation of the certification shall be grounds for suspension of payments, suspension or
termination of grants, or government wide suspension or debarment. CONTRACTORS shall also comply
with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
8350 et seq.)
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22.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INTELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
A.COUNTY and CONTRACTORS recognize that Federal assistance funds will be
used under the terms of this Agreement. For purposes of this paragraph, CONTRACTORS will be
referred to as the “prospective recipients”.
B.This certification is required by the regulation implementing Executive Order
12549, Debarment and Suspension, 29 CFR Part 98m section 98.510, Participant’s responsibilities.
1) The prospective recipients of Federal assistance funds certified by entering into
this Agreement, that neither they nor their principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2) The prospective recipients of funds agree by entering into this Agreement, that it
shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency with which this transaction originated.
3) Where the prospective recipients of Federal assistance funds are unable to certify
to any of the statements in this certification, such prospective participant shall attach an explanation to this
Agreement.
4) The prospective recipients shall provide immediate written notice to COUNTY if
at any time prospective recipients learn that their certification in Paragraph Twenty Two (22) of this
Agreement was erroneous when submitted or has become erroneous by reason of changed circumstances.
5) The prospective recipients further agree that by entering into this Agreement, they
will include a clause identical to Paragraph Twenty Two (22) of this Agreement and titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transactions”, in all lower tier covered transactions and in all solicitations for lower tier covered
transaction.
6) The certification in Paragraph Twenty Two (22) of this Agreement is a material
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representation of fact upon which COUNTY relied in entering into this Agreement.
23.STATE ENERGY CONSERVATION
CONTRACTORS must comply with the mandatory standard and policies relating to
energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
United States (US) Code sections 6321, et. seq.
24.FRATERNIZATION
CONTRACTORS shall establish procedures addressing fraternization between
CONTRACTORS’ staff and clients. Such procedures will include provisions for informing
CONTRACTORS’ staff and clients regarding fraternization guidelines.
25.INTERPRETATION OF LAWS AND REGULATIONS
COUNTY reserves the right to make final interpretations or clarifications on issues relating
to Federal and State laws and regulations, to ensure compliance.
26.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
COUNTY, its officers, consultants, subcontractors, agents and employees shall comply
with all applicable State, Federal and local laws and regulations governing projects that utilize Federal
Funds.
27.RECORDS
A.Record Establishment and Maintenance
CONTRACTORS shall establish and maintain records in accordance with those
requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
CONTRACTORS shall retain all fiscal books, account records and client files for services performed
under this Agreement for at least three (3) years from date of final payment under this Agreement or until
all State and Federal audits are completed for that fiscal year, whichever is later.
B.Cost Documentation
1) CONTRACTORS shall submit to COUNTY within fifteen (15) calendar days
following the end of each month, all fiscal and program reports for that month. CONTRACTORS shall
also furnish to COUNTY such statements, records, data and information as COUNTY may request
pertaining to matters covered by this Agreement. In the event that CONTRACTORS fail to provide
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reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
compliance is established.
2) All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and
they shall be clearly identified and readily accessible. The support documentation must indicate the line
budget account number to which the cost is charged.
3) COUNTY shall notify CONTRACTORS in writing within thirty (30) days of any
potential State or Federal audit exception discovered during an examination. Where findings indicate that
program requirements are not being met and State or Federal participation in this program may be
imperiled in the event that corrections are not accomplished by CONTRACTORS within thirty (30) days
of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY’S intent to
terminate this Agreement.
C.Service Documentation
CONTRACTORS agree to maintain records to verify services under this
Agreement including names and addresses of clients served, the dates of service and a description of
services provided on each occasion. These records and any other documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
D.Use of Data
CONTTRACTORS shall grant to COUNTY and the United States Department
Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to
publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any manner and for
any purpose whatsoever and to authorize others to do so, all subject data now or hereafter covered by
copyright. However, with respect to subject data not originated in the performance of this Agreement,
such license shall be only to the extent that CONTRACTORS have the right to grant such licenses without
becoming liable to pay any compensation to others because of such grants. CONTRACTORS shall exert
all reasonable effort to advise COUNTY at time of delivery of subject data furnished under this
Agreement, of all possible invasions of the right of privacy therein contained, and of all portions of such
subject data copied from work not composed or produced in the performance of this Agreement and not
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licensed under this provision.
As used in this clause, the term “Subject Data” means writing, sound recordings,
pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms,
diagrams, work flow charts, equipment descriptions, data files and data processing of computer programs,
and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or
developed under this Agreement. The term does not include financial reports, cost analyses and similar
information incidental to contract administration.
CONTRACTORS shall report to COUNTY promptly and in written detail, each
notice of claim of copyright infringement received by CONTRACTORS with respect to all subject data
delivered under this Agreement. CONTRACTORS shall not affix any restrictive markings upon any data.
If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate or ignore
such markings.
COUNTY shall have access to any report, preliminary findings or data assembled
by CONTTRACTORS under this Agreement. In addition, CONTRACTORS must receive written
permission from COUNTY prior to publication of any materials developed under this Agreement and file
with COUNTY a copy of all educational and training materials, curricula, audio/visual aids, printed
material and periodicals, assembled pursuant to this Agreement prior to publication.
28.SINGLE AUDIT CLAUSE
As a subrecipient of Federal financial assistance, CONTTRACTORS agree to provide
copies of their audit reports, performed in accordance with the requirements of the Single Audit Act of
1984 (31 USC section 7502) and subject to the terms of Office of Management and Budget (OMB)
Circulars (A-110, A-122 and A-133), to the County of Fresno. Such audits shall be delivered to
COUNTY’S DSS, for review not later than nine (9) months after the close of the subrecipients’ fiscal year
in which the funds supplied through this Agreement are expended and/or received for this program. The
audits must include a statement of findings or a statement that there were no findings. If there were
negative findings, CONTRACTORS must include a corrective action plan signed by an authorized
individual. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks,
or, at COUNTY’S option, contracting with a qualified accountant to perform this audit. All audit costs
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related to this Agreement are the sole responsibility of CONTRACTORS who agree to take corrective
actions to eliminate any material noncompliance or weakness found as a result of such audits. Audit work
performed by COUNTY under this paragraph shall be billed at COUNTY cost as determined by
COUNTY’S Auditor-Controller/Treasurer-Tax Collector.
29.TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
(1) (1) (I) of the Social Security Act, (42 U.S.C § 1395x, subd. (v)(1)[I]), until the expiration of four (4)
years after the furnishing of services under this Agreement, CONTRACTORS shall make available, upon
written request to the Secretary of the United States Department of Health and Human Services, or upon
request to the Comptroller General of the United States General Accounting Office, or any of their duly
authorized representatives, a copy of this Agreement and such books, documents, and records as are
necessary to certify the nature and extent of the costs of these services provided by CONTRACTOR under
this Agreement. CONTRACTORS further agree that in the event CONTRACTORS carries out any of
their duties under this Agreement through a subcontract, with a value or cost of Ten Thousand and No/100
Dollars ($10,000) or more over a twelve (12) month period, with a related organization, such Agreement
shall contain a clause to the effect that until the expiration of four (4) years after the furnishing of such
services pursuant to such subcontract, the related organizations shall make available, upon written request
to the Secretary of the United Sates General Accounting Office, or any of their duly authorized
representatives, a copy of such subcontract and such books, documents, and records of such organization
as are necessary to verify the nature and extent of such costs.
and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
30.CHILD ABUSE REPORTING
CONTRACTORS shall utilize a procedure acceptable to COUNTY to ensure that all of
CONTRACTOR’S employees, volunteers, consultants, subcontractor or agents performing services under
this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies
set forth in Penal Code Section 11165.9. This procedure shall include having all of CONTRACTORS’
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employees, volunteers, consultants, subcontractor or agents performing services under this Agreement sign
a statement that he or she knows of and will comply with the reporting requirements set forth in Penal
Code Section 11166. The statement to be utilized by CONTRACTORS is set forth in Exhibit E, attached
hereto and by this reference incorporated herein.
31.CHARITABLE CHOICE
CONTRACTORS may not discriminate in their program delivery against a client or
potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to
actively participate in a religious practice. Any specifically religious activity or service made available to
individuals by the CONTTRACTORS must be voluntary as well as separate in time and location from
County funded activities and services. CONTRACTORS shall inform County as to whether they are faith-
based. If CONTRACTORS identify as faith-based, they must submit to DSS a copy of their policy on
referring individuals to alternate treatment CONTRACTOR, and include a copy of this policy in their
client admission forms. The policy must inform individuals that they may be referred to an alternative
provider if they object to the religious nature of the program, and include a notice to DSS. Adherence to
this policy will be monitored during annual site reviews, and a review of client files. If CONTRACTORS
identify as faith-based, by July 1 of each year CONTRACTORS will be required to report to DSS the
number of individuals who requested referrals to alternate providers based on religious objection.
32.PERSONNEL DISCLOSURE
CONTRACTORS shall make available to COUNTY a current list of all personnel
providing services hereunder. Changes to this list will be immediately provided to COUNTY in writing.
The list shall provide the following information:
A.All full or part-time staff positions by title whose direct services are required to
provide the programs described herein;
B.A brief description of the functions of each such position and hours each person in
such position works each week or, for part-time positions, each day or month, as appropriate;
C.The education and experience levels required for each position; and
D.The names of persons filling the identified positions.
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33.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for CONTRACTORS’ advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above,
publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
raise public awareness about the availability of such specific services when approved in advance by the
Director or designee and at a cost as provided by CONTRACTORS in writing for such items as
written/printed materials, the sue of media (i.e., radio, television, newspapers) and any other related
expense(s).
34.AUDITS AND INSPECTIONS
CONTRACTORS shall at any time during business hours, and as often as COUNTY
may deem necessary, make available to COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. CONTRACTORS shall, upon request by COUNTY,
permit COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTORS’
compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTORS shall be subject to the examination and audit of the State of California Auditor
General for a period of three (3) years after final payment under contract (California Government Code
section 8546.7).
In addition, CONTRACTORS shall cooperate and participate with COUNTY’s fiscal
review process and comply with all final determinations rendered by the COUNTY’s fiscal review
process. If COUNTY reaches an adverse decision regarding CONTRACTORS’ services to consumers,
it may result in the disallowance of payment for services rendered; or in additional controls to the
delivery of services, or in the termination of this Agreement, at the discretion of COUNTY’s DSS
Director or designee. If as a result of COUNTY’s fiscal review process a disallowance is discovered
due to CONTRACTORS’ deficiency, CONTRACTORS shall be financially liable for the amount
previously paid by COUNTY to CONTRACTORS and this disallowance will be adjusted from
CONTRACTORS’ future payments, at the discretion of COUNTY’s DSS Director or designee. In
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addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes,
decisions and actions.
35.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY CONTRACTORS
Director, County of Fresno SEE EXHIBIT A
Department of Social Services
P.O. Box 1912
Fresno, CA 93718-1912
All notices between the COUNTY and CONTRACTOR provided for or permitted under
this Agreement must be in writing and delivered either by personal service, by first-class United States
mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice
delivered by personal service is effective upon service to the recipient. A notice delivered by first-class
United States mail is effective three COUNTY business days after deposit in the United States mail,
postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service
is effective one COUNTY business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A
notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if
such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to
be effective at the next beginning of a COUNTY business day), provided that the sender maintains a
machine record of the completed transmission. For all claims arising out of or related to this Agreement,
nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures
provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810).
36.CHANGE OF LEADERSHIP/MANAGEMENT
In the event of any change in the status of CONTRACTORS’ leadership or management,
CONTTRACTORS shall provide written notice to COUNTY within thirty (30) days from the date of
change. Such notification shall include any new leader or manager’s name, address and qualifications.
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“Leadership or management” shall include any employee, member, or owner of CONTRACTOR who
either a) directs individuals providing services pursuant to this Agreement, b) exercises control over the
manner in which services are provided, or c) has authority over CONTRACTOR’S finances.
37.LICENSES
CONTRACTORS shall throughout the term of this Agreement maintain all necessary
licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of services
hereunder and required by the laws and regulations of the United State, State of California, COUNTY, and
any other applicable governmental agencies. CONTRACTORS shall notify COUNTY immediately in
writing of its inability to obtain or maintain all necessary licenses, permits, approvals, certificates, waivers
and exemptions, irrespective of the pendency of any appeal related thereto. Additionally,
CONTRACTORS shall comply with all other applicable rules or regulations, as may now exist or be
hereinafter changed.
38.SEPARATE AGREEMENT
It is mutually understood by the parties that this Agreement does not, in any way, create a
joint venture among the individual CONTRACTORS. By execution of the Agreement, CONTRACTORS
understand that a separate Agreement is formed between each individual CONTRACTOR and COUNTY.
CONTRACTORS further understand that COUNTY utilizes services of other CONTRACTORS and that
no single CONTRACTOR is guaranteed any specific amount of compensation during each twelve (12)
month period of this Agreement.
39.HEALTH CLEARANCE REQUIREMENTS
CONTRACTORS providing services under this Agreement shall be in compliance with
COUNTY’s health clearance requirements, as determined by DSS. It shall be the responsibility of
CONTRACTORS to insure their own safety. Prior to services being performed under this Agreement,
CONTRACTORS must provide COUNTY’s DSS proof the CONTRACTORS meet COUNTY’s health
clearance requirements, as determined by DSS. CONTRACTORS shall provide any other health clearance
requirements as may be mandated during the term of this Agreement by COUNTY due to licensing
regulations and/or requirements.
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40.AVAILABILITY
COUNTY’s DSS may or may not require the services of CONTRACTORS during each
term of this Agreement. COUNTY’s DSS recognizes that due to other employment, CONTRACTORS
may or may not be available to perform services at times requested by COUNTY’s DSS.
41.GOVERNING LAW
The parties agree, that for the purposes of venue, performance under this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
42.ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire agreement between the
CONTRACTORS and the COUNTY with respect to the subject matter hereof and supersedes all previous
agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
3 COUNTY OF FRESNO
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: cf\~ ~•t!s
Deputy-
FOR ACCOUTING USE ONLY:
Fund/Subclass: 0001/10000
Organization: 56107001/56107441
Account/Program: 7870
2 4 PLEASE SEE ADDITIONAL
SIGNATURE PAGES ATTACHED
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-23 -COUN1Y OF FRESNO
Fresno, CA
1414 W Kearney Blvd
Fresno, CA 93706
1651 L St
Fresno, CA 93721
1945 N. Helm, Suite 101
Fresno, CA 93727
625 E. Keats AvenueFresno, CA 93710-7000
DSS Contracted Substance Abuse Treatment Vendors Exhibit A
Page 1 of 5
Department of Social Services
Contracted Substance Abuse Treatment Vendors
1. ASI Counseling & Professional Services, INC.
Attention: Rogelio Sanchez, MSW
2005 N. Wishon Ave.
Fresno Ca 93704
Phone: (559) 241-0131
Email: asifresno@sbcglobal.net
Website: http://www.asiway.ca
Services provided:
○ Outpatient
2. Central California Recovery, Inc.
Attention: Dale White, President
1204 W Shaw Ave #102
Fresno, CA 93711
Phone: (559) 681-1947
(559) 273-2942
Email: assessment_training_research@yahoo.com
Website: not available
Services provided:
○ Outpatient
3. Comprehensive Addiction Programs
Attention: Joseph Hebert, Executive Director
2445 W. Whites Bridge Avenue
Fresno, CA 93706
Phone: (559) 264-5096
Email: jhebert@caprehab.org
Website: http://caprehab.org
Services provided:
○ Men’s Residential
○ Women’s Residential
○ Continuing Care
○ Non-medical Residential Detoxification
○ Sober Living
4. Delta Care, Inc.
Attention: Rita Enunwa, Executive Director
4705 N. Sonora Avenue, Suite 113
Fresno, CA 93722
Phone: (559) 276-7558
Email: deltacareinc@yahoo.com
Website: not available
DSS Contracted Substance Abuse Treatment Vendors Exhibit A
Page 2 of 5
Services provided:
○ Outpatient
○ Day Habilitative (Intensive Outpatient)
○ Continuing Care
5. Fresno County Hispanic Commission
Attention: Domingo Zapata
1803 Broadway Avenue
Fresno, CA 93721
Phone: (559) 268-6480
Email:
Website: www.hispaniccommission.org/
Services provided:
○ Men’s Residential
6. Kings View Corporation
Attention: Darrell Hamilton, Regional Director
7170 N. Financial Drive Suite 110.
Fresno, CA 93720
Phone: (559) 875-6300
Email: dhamilton@kingsview.org
Services provided:
o Outpatient
7. MedMark Treatment Centers-Fresno West, Inc.
Attention: David E. White, President
1720 Lakepoint Drive, Suite 117
Lewisville, TX 75057
Phone: (214) 379-3301
Email: dwhite@medmark.com
Services provided:
○ Medical Detoxification (Outpatient)
○ Narcotic Replacement Therapy
8. Mental Health Systems, Inc.
Attention: Kimberly Bond, M.F.T., President and Chief Executive Officer
9465 Farnham Street
San Diego, CA 92123
Phone: (858) 573-2600
Email: kbond@mhsinc.org
Website: http://Mhsinc.org
Services provided:
○ Women’s Residential
○ Residential with Children
DSS Contracted Substance Abuse Treatment Vendors Exhibit A
Page 3 of 5
9. Panacea Services, Inc.
Attention: Phillip Cowings, Chief Executive Officer
3152 N. Millbrook, Suite D/E
Fresno, CA 93703
Phone: (559) 241-0364
Email: panaceacdat@yahoo.com
Website: not available
Services provided:
○ Outpatient
○ Day Habilitative (Intensive Outpatient)
○ Men’s Residential
○ Women’s Residential
○ Continuing Care
○ Sober Living
10. Promesa Behavioral Health
Attention: Lisa Weigant, Chief Executive Officer
7120 N Marks Ave. Suite 110
Fresno, Ca 93711
Phone: (559) 439-5437
Email: lweigant@promesabehavioral.org
Website: http://promesabehavioral.org
Services provided:
○ Outpatient
○ Continuing Care
11. Sierra Tribal Consortium, Inc.
Attention: Yolanda Herrera, Executive Director
610 McKinley Avenue
Fresno, CA 93728
(559) 445-2691
Email: stcdirector@sierratribal.com
Services provided:
○ Outpatient
○ Continuing Care
○ Men’s Residential
○ Women’s Residential
○ Residential with Children
○ Non-medical Detoxification
12. Spirit of Woman of California, Inc.
Attention: Audrey Riley, Executive Director
327 West Belmont Ave.
Fresno, CA 93728
Phone: (559) 233-4353
Email: mailto:sofwadmin@earthlink.net
DSS Contracted Substance Abuse Treatment Vendors Exhibit A
Page 4 of 5
Website: http://spiritofwomanfresno.org
Services provided:
○ Residential with Children
○ Women’s Residential
○ Continuing Care
○ Sober Living
○ Sober Living with Children
13. Temperance Living Homes Alcohol and Drug Recovery Program
Attention: Brenda Smith, Co-Owner
4026 E. Gettysburg
Fresno, CA 93726
Phone: (559) 347-4819
Email: bsmith@s-mandassociates.biz
Website: not available
Services provided:
○ Men’s Residential
○ Women’s Residential
○ Residential with Children
○ Continuing Care
○ Sober Living
○ Sober Living with Children
○ Adolescent programs: Yes, Youth Residential with a capacity of 4 individuals
14. The Light-House Recovery Program
Attention: Pete Untalon, Chairman of the Board
P.O. Box 16461
Fresno, CA 93755
Phone: (559) 222-4824
Email: Thelight-house@sbcglobal.net
Website: http://thelight-house.net
Services provided:
○ Sober Living
○ Sober Living with Children
15. Transitions Children’s Services
Attention: Brian Van Anne, MSW, Chief Executive Officer
1945 N. Helm Ave., Suite 101
Fresno, CA 93727
Phone: (559) 222-5437
Email: bvananne@transitionschildrensservices.org
Website: http://transitionschildrensservices.org
Services provided:
○ Continuing Care
○ Children and Adolescent program: Yes, ages 0-17
DSS Contracted Substance Abuse Treatment Vendors Exhibit A
Page 5 of 5
16. Turning Point of Central California, Inc.
Attention: J. Jeff Fly, Chief Executive Officer
P.O. Box 7447
Visalia, CA 93290-7447
Phone: (559) 732-8086
Email: tpoccred1@aol.com
Website: http://tpocc.org
Services provided:
○ Men’s Residential
○ Women’s Residential
○ Sober Living
17. Universal Health Network and Systems, Inc.
Attention: Oliver Ezenwugo, MA, MFTI, Executive Program Director
625 E. Keats Avenue
Fresno, CA 93710-7000
Phone: (559) 252-5150
Email: healthnetwork@netzero.net
Website: http://universalhealthnetwork.org
Services provided:
○ Men’s Residential
○ Women’s Residential
○ Outpatient
○ Continuing Care
○ Day Habilitative (Intensive Outpatient)
18. WestCare California, Inc.
Attention: Maurice Lee, Senior Vice President
P.O. Box 12107
Fresno, CA 93776
Phone: (559) 237-3420
Email: Maurice.lee@westcare.com
Website: http://westcare.com
Services provided:
○ Outpatient
○ Men’s Residential
○ Women’s Residential
○ Residential with Children
○ Continuing Care
○ Non-medical Detoxification
○ Sober Living
○ Sober Living with Children
Exhibit C
Page 1 of 1
FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23
1.Non-Medical Residential Detoxification Services (up to 21 days)92.51$ 97.14$ 101.99$ 107.09$ 112.45$
2.Medical Detoxification Services (up to 14 days)486.90$ 511.24$ 536.80$ 563.64$ 591.82$
3.Outpatient Treatment 67.31$ 70.67$ 74.21$ 77.92$ 81.82$
4.Day Habilitative Treatment (Intensive Outpatient)67.31$ 70.67$ 74.21$ 77.92$ 81.82$
5.Men's Residential 92.51$ 97.14$ 101.99$ 107.09$ 112.45$
6.Women's Residential 92.51$ 97.14$ 101.99$ 107.09$ 112.45$
7.Residential with Children 98.60$ 103.53$ 108.70$ 114.14$ 119.84$
8.Continuing Care Services 67.31$ 70.67$ 74.21$ 77.92$ 81.82$
9.Sober Living 31.65$ 33.23$ 34.89$ 36.64$ 38.47$
10.Sober Living with Children 37.73$ 39.62$ 41.60$ 43.68$ 45.87$
11.Narcotic Replacement Therapy 13.91$ 14.61$ 15.34$ 16.10$ 16.91$
Substance Abuse Treatment Services Maximum Rates by Modality
County shall reimburse contractors for actual services rendered up to the following maximum rates as identified below for each
type of substance abuse treatment service:
Maximum Rate Per DayService Type
Exhibit B
Page 1 of 8
SUMMARY OF SERVICES
Services: Substance Abuse Treatment
Contract Period: July 1, 2018 – June 30, 2023
___ ___
SUMMARY OF SERVICES: The County of Fresno Department of Social Services (DSS) has
established this master agreement with qualified substance abuse providers for the following services:
• Non-Medical Residential Detoxification (Social Model Residential Detoxification)
• Medical Detoxification
• Outpatient Treatment
• Day Habilitative Treatment (Intensive Outpatient)
• Men’s Residential Treatment
• Women’s Residential Treatment
• Residential with Children Treatment
• Sober Living
• Sober Living with Children
• Continuing Care
• Narcotic Replacement Therapy
DSS’s goal is to assist clients with their recovery which will provide a step towards self-sufficiency
and improve the safety, permanency and well-being of families involved with Child Welfare Services.
Each year, DSS spends approximately $3.5 million dollars on the above substance abuse services.
Service type definitions are provided in the Appendix of this Revised Exhibit B.
DSS will only assign referrals to contractors listed on this master agreement. Referrals will be made on
a fee-for-service with no guarantee of referrals to any contractor. Contractors are fully responsible for
the cost of their program. DSS will pay up to the maximum rates listed in Exhibit C. The rates paid by
DSS for substance abuse treatment services shall be all-inclusive, meaning no additional fees will be
paid by DSS for books, class materials, workshops, drug tests, classes, supervised visits, food,
transportation, etc.
Providers will provide a full continuum of care and abide by Title 42 CFR Part 2 – Confidentiality of
Alcohol and Drug Abuse Patient Data regulations.
TARGETED POPULATION: The target population for this program is CalWORKs and Child
Welfare clients referred from the Department who have been identified as needing substance abuse
treatment services.
SCHEDULE OF PARTICIPATION: Treatment duration will be determined by the County’s
Substance Abuse Specialists.
Exhibit B
Page 2 of 8
I. THE CONTRACTOR SHALL PROVIDE THE FOLLOWING SERVICES:
A. Contractors shall provide substance abuse treatment services to DSS clients based on the service
plan provided by the County Substance Abuse Specialist. Contractors shall accept updated
service plans prepared by DSS staff.
B. Services provided under this agreement will be delivered at a site(s) located in Fresno County for
alcohol and other drug abusing/dependent male and female residents of Fresno County. Services
shall comply with the State of California Alcohol and/or Other Drug Certification Standards
located at: http://www.dhcs.ca.gov/provgovpart/Pages/Licensing_and_Certification.aspx.
C. The length of time from treatment referral to intake will be 2-3 business days from the time of
the referral or the same day when the needs of the clients permits.
D. Providers must notify the DSS case manager or designated staff by email or phone within one (1)
business day of a client’s missed appointment.
E. Contractors shall provide each client with an Addiction Severity Index (ASI) assessment and an
individualized treatment plan and email an encrypted copy to the County CalWORKs case
manager at SWSASreferrals@co.fresno.ca.us or Child Welfare Social Worker
CWSReferrals@co.fresno.ca.us. Symptoms should be monitored and progress towards the
client’s treatment goals should be documented. In cases where there is a lack of satisfactory
progress, a staffing with the County CalWORKs case manager or Child Welfare Social Worker
may need to be requested.
F. Contractors must notify County staff of any client absences within 24 hours by email unless the
absence is due to a court hearing. Notifications should be emailed to
CWSReferrals@co.fresno.ca.us and SWSASreferrals@co.fresno.ca.us.
G. All DSS cases: Two (2) consecutive client absences or a third (3rd) unexcused absence will
require the provider to request a staffing with the County staff that made the referral and the
liaison. The staffing must be requested within one (1) business day of the third (3rd) absence.
Child Welfare staffings: refer to attendance and or suspected drug use and email DSS at
CWSReferrals@co.fresno.ca.us. CalWORKs staffings: refer to attendance and or suspected drug
use and email the REACH mailbox at SWSASreferrals@co.fresno.ca.us.
H. Residential Treatment, Outpatient, Day Habilitative and Continuing Care for Child Welfare
clients:: must provide two (2) random urinalysis tests per month. Program participants must be
monitored when providing a sample. The DSS Child Welfare Social Worker and/or Substance
Abuse Specialist must be notified of all positive drug tests. If a positive test is found, the client is
to be transported to Avertest located at 2113 Merced St., Fresno CA to be retested.
I. Outpatient, Day Habilitative and Continuing Care for Child Welfare clients: if the provider
suspects drug use, they must contact DSS and the client will be referred to Avertest for drug
testing.
J. Outpatient, Day Habilitative and Continuing Care for CalWORKs and Child Welfare clients:
Contractors shall provide a minimum of two (2) random urinalysis tests per month.
K. Drug testing provided by the Contractor will be included as part of treatment at no additional
cost to DSS.
L. Treatment staff should be certified or working towards certification by the State of California.
Treatment staff working towards certification should have their case work reviewed by certified
staff.
M. Contractor shall assign a primary case manager and complete an individualized treatment plan
for each client within 14 calendar days from intake. DSS staff will review the treatment plan and
provide feedback to the Contractor as needed.
N. Arrange and coordinate comprehensive services to support the client’s participation in treatment.
Monitor and evaluate the client’s progress and changes in service needs. Report client progress
Exhibit B
Page 3 of 8
or lack of progress on a monthly basis to the assigned DSS case manager. Include monthly
progress reports with the DSS service plans when billing. If program is not billing DSS, send the
progress report to the DSS case manager and CWSReferrals@co.fresno.ca.us. Invoices must
include exact dates of service in order to be paid. Collaborate with DSS staff to ensure that the
client’s treatment plan is not in conflict with other activities in the Welfare-to-Work (WTW) plan
and still meets the client’s treatment goals. Facilitate collaboration and joint case conferencing
between supportive service providers including mental health, alcohol & other drug treatment
service providers as well as with WTW staff.
O. Return phone calls to DSS case manager on the same business day and no later than two (2)
business days.
P. Walk-in clients referred to the contractor shall have a screening completed with an appropriate
service plan. DSS Child Welfare SAS will provide a referral for an ASI. On late afternoons
including Fridays, contractor shall have staff available to assist the client until needs are met (e.g.
counseling, crisis intervention, emergency housing, etc.). DSS staff must approve services for
walk-in clients and in some cases the client may be transferred to a different treatment program
depending on the County’s assessment and needs of the client.
Q. Contractor must include in the ASI, patient placement criteria utilizing ASAM (American
Society of Addiction Medicine) standards and submit with Billing invoice.
R. Communicate treatment plan goals with the DSS staff by email or in person on a monthly basis
or as often as requested. Review DSS client/family case synopsis when providing services in
order to holistically manage each case and provide individualized prevention, intervention and
treatment. Serve as an expert to DSS staff regarding ways of addressing family, social,
economic and environmental factors. Perinatal treatment programs must evaluate for pre-partum
and post-partum depression (e.g. Edinburgh Postpartum Depression Scale) in their evaluation
process for pregnant clients or for new mothers until their child’s first birthday when necessary.
S. In most cases, contractors will provide DSS with data related to client referrals, progress and
completion of program within three (3) business days from the date of request. Client progress,
outcomes and client satisfaction surveys will be collected on an ongoing basis by the contractor
so that the collective data can be pulled regularly for purposes of reporting to DSS. Contractors
shall provide clients with client satisfaction surveys at 45-day intervals and share these with DSS
staff upon request.
T. Contractors shall also report any State of California certification or license status changes to DSS
within three (3) business days. Contractors will provide DSS with copies of compliance reviews
received by the State of California and County of Fresno.
U. Contractors shall meet with DSS to resolve any treatment issues as needed.
V. Contractors shall provide high quality services to clients and refer clients to additional services
as needed in order to provide a continuum of care. Referrals to additional services will be made
in cooperation with DSS staff.
II. COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. Assess DSS clients for substance abuse treatment needs and make appropriate referrals to the
contractor.
B. Communicate the goals of the case plan to the contractor.
C. Monitor the client’s progress and provide assistance to the client as needed.
D. Provide program support to the contractor by assigning a program liaison (e.g. Job Specialist,
Social Worker or Substance Abuse Specialist) to work with the client and the contractor.
E. Meet with the contractor when needed to resolve any issues.
Exhibit B
Page 4 of 8
Appendix – Service Type Definitions
(1) Outpatient Services: A nonresidential alcohol and/or other drug service in which a participant is
provided a minimum of two (2) counseling sessions (either individual or group counseling
sessions) per 30-day period. Program services to include but not limited to assessment,
individualized case management and counseling education. Non-medical detoxification services
may be provided. Outpatient treatment gives the individual an opportunity to interact in a real
world environment while benefiting from a peer-oriented, structured therapeutic program.
Outpatient services are designed to provide an alcohol and drug free environment with structure
and supervision to further a participant's ability to improve his/her level of functioning.
Contractors will comply with the department’s coordinated case plan to ensure that the client is
meeting both the Child Welfare and CalWORKs requirements for Welfare-to-Work, Voluntary
Family Maintenance or Family Reunification. Length of treatment will be 90-180 days.
(2) Day Habilitative (Intensive Outpatient): Day Habilitative is sometimes referred to as Intensive
Outpatient. Day Habilitative is a nonresidential alcohol and/or other drug service that is
provided to participants at least three (3) hours per day and at least three (3) days per week. Day
Habilitative treatment is designed to provide an alcohol and drug free environment with structure
and supervision to further a participant’s ability to improve his/her level of functioning. Day
Habilitative services include counseling and rehabilitation services. Detoxification services may
be provided. Clients participate in scheduled, formalized services. Length of treatment will be
90-180 days.
(3) Men’s Residential: Services are provided to residents at a program which is maintained and
operated to provide 24-hour, residential, nonmedical, alcoholism or other drug addiction
recovery or treatment services. Program services to include but not limited to, addressing
addiction and related issues, managing stressors, developing meaningful links to needed services,
and ultimately building a foundation for lasting recovery. Services must include: individual,
group and family therapy, case management, treatment planning and counseling. Detoxification
services may be provided. Contractors will comply with the department’s coordinated case plan
to ensure that the client is meeting both the Child Welfare and CalWORKs requirements for
Welfare-to-Work, Voluntary Family Maintenance or Family Reunification. Length of treatment
will be 90-180 days.
(4) Women’s Residential: Services are provided to residents at a program which is maintained and
operated to provide 24-hour, residential, nonmedical, alcoholism or other drug addiction
recovery or treatment services. Program services to include but not limited to, addressing
addiction and related issues, managing stressors, developing meaningful links to needed services,
and ultimately building a foundation for lasting recovery. Services should be gender-specific
and include: individual, group and family therapy, case management, treatment planning and
counseling. Detoxification services may be provided. Contractors will comply with the
department’s coordinated case plan to ensure that the client is meeting both the Child Welfare
and CalWORKs requirements for Welfare-to-Work, Voluntary Family Maintenance or Family
Reunification. Length of treatment will be 90-180 days.
(5) Residential with Children: Services are provided to residents and their children at a program
which is maintained and operated to provide 24-hour, residential, nonmedical, alcoholism or
other drug addiction recovery or treatment services. Program services to include but not limited
to, addressing addiction and related issues, managing stressors, developing meaningful links to
needed services, and ultimately building a foundation for lasting recovery. Services should be
Exhibit B
Page 5 of 8
gender-specific and include: individual, group and family therapy, case management, treatment
planning, counseling, perinatal services and parenting skills. Contractors will be responsible for
providing therapeutic childcare, assisting with meals, transportation, medication, and attending
to the needs of children in residence with the parent being treated. Detoxification services may
be provided. Contractors will comply with the department’s coordinated case plan to ensure that
the client is meeting both the Child Welfare and CalWORKs requirements for Welfare-to-Work,
Voluntary Family Maintenance or Family Reunification. Length of treatment will be 90-180
days.
(6) Continuing Care Services: Program services to include but not limited to assessment,
individualized case management and counseling education. The continuing care phase of
treatment refers to treatment that occurs after the patient completes the rehabilitation phase of
treatment. Services usually include weekly two (2) hour group therapy sessions where clients
discuss daily life in recovery from substance abuse. Contractors will comply with the
department’s coordinated case plan to ensure that the client is meeting both the Child Welfare
and CalWORKs requirements for Welfare-to-Work, Voluntary Family Maintenance or Family
Reunification. Length of treatment will be 90-180 days.
(7) Medical Detoxification Services: The services are provided to assist participants during the
process in which alcohol and/or other drugs are metabolized in the body to eliminate their toxic
physiological and psychological effects. These services should be provided in a medical
residential or nonresidential setting. Detoxification services should cover the following
substances: alcohol, benzodiazepines (i.e. Valium, Xanax) and opiate based drugs including
heroin and prescription painkillers such as Oxycontin, Vicodin, Hydrocodone, etc. (up to 14
days).
(8) Non-medical Residential Detoxification Services (Social Model Residential Detoxification
Services): The services are provided to assist participants during the process in which alcohol
and/or other drugs are metabolized in the body to eliminate their toxic physiological and
psychological effects. These services are provided in a non-medical residential setting (up to 21
days). Mild detoxification medications may be used, but not prescribed on site. Social Model
Recovery (12 step) is the typical intervention.
(9) Narcotic Replacement Therapy: Narcotic Replacement Therapy (i.e. Suboxone treatment,
Methadone treatment) reduces and/or eliminates the use of illicit opiates and allows patients to
improve their health and social productivity. The principal effects of narcotic replacement
therapy are to relieve narcotic craving, suppress the abstinence syndrome, and block the euphoric
effects associated with opiates.
(10) Sober Living: Sober Living Facilities offer a housing alternative to individuals who are recovering
from alcohol and or drug addiction. Sober Living Facilities are intended for cooperative living of
individuals who are recovering from alcoholism or drug addiction. Resident responsibility for the
environment sets it apart from formal recovery programs.
Attention should be given to the health and safety of all residents and children, therefore the home
should meet fire and health standards listed below.
DSS will conduct a facility inspection at the time of the facilities’ initial application and at DSS’s
discretion thereafter to review the PHYSICAL ENVIRONMENT, SPACE, FIRE SAFETY and
HEALTH STANDARDS listed below. The MANAGERS RESPONSIBILITY, RESIDENT
Exhibit B
Page 6 of 8
RECORDS, HOUSE RULES and RESIDENCY REQUIREMENTS sections below are to be
written policies provided by the facility. Compliance and method of compliance with all
requirements listed for Sober Living Facilities will be determined by DSS at the discretion of DSS.
PHYSICAL ENVIRONMENT
1. Security: Entrance and exit must be controlled. This means that informal perimeter security and
monitoring of the front door are necessary. Human security (people circulating through the
facility) is preferable to electronic security.
2. Durability and quality of furnishings: Stable, safe quality fixtures, materials, appliances and
furniture should be used.
3. Upkeep and appearance: Repair, maintenance, cleanliness, and attractiveness are critical elements
of the house. The upkeep and appearance of the house are a metaphor for the lives of the residents.
This includes grounds and driveways surrounding the home. The complete resident shall be free
from pests and rodents; ie: bed bugs, lice, rats, mice.
4. Personalization and comfort: Residents should feel the place is safe. This means allowing room
for personal possessions, decorating one's own area, with a limited of amount of personal
belongings etc.
5. Respect for neighbors: Good neighbor policies assure that the home and its residents are accepted
as part of the community. This means that residents will be mindful of noise levels of
conversations, designated smoking areas, and walking on sidewalks and paths to destinations.
SPACE
1. Space should be adequate to accommodate each individual and child comfort, dignity and
respect.
2. Each home shall have a living room area with adequate space for participants to assemble for
social or other group activities.
3. Each home shall have a dining area suitably furnished (tables and chairs) for group or individual
meal service.
4. Sleeping rooms shall be adequate to provide a bed and private space for each resident and
approved children. These areas shall not be used for any other purposes.
5. Bathrooms shall be conveniently located and sufficient to provide adequate facilities for health,
hygiene and privacy for each resident and children.
6. Kitchen facilities shall provide cooking and storage space to meet the needs of the home and its
residents and children.
7. Limited personal storage should be provided for each resident.
FIRE SAFETY
The following minimum fire prevention requirements shall be followed:
Exhibit B
Page 7 of 8
1. There shall be no smoking in bedrooms;
2. Smoking is allowed outside only and smoking materials shall be disposed of safely;
3. There shall be no accumulation of clothing, newspapers, or cartons in the living/sleeping areas;
4. Stoves and cooking areas shall be kept clean of grease accumulation;
5. Smoke detectors fire extinguishers, and CO2 (Carbon Monoxide) detectors shall be installed;
6. Exit doors shall be clearly marked and readily available;
7. Fire drills from sleeping areas should be encouraged; documented and reviewed.
8. Buildings with 2nd floors shall have emergency fire ladders clearly marked.
HEALTH STANDARDS
The following minimum health maintenance measures shall be followed:
1. There shall be adequate space for food storage;
2. All food shall be stored in covered containers, or properly wrapped;
3. Perishable items shall be refrigerated and adequate refrigeration in good repair shall be available;
There shall be adequate hot water for dish washing; Bathroom space shall be adequate for number
of residents and children; Bathrooms shall provide personal privacy; Bathroom and kitchen
cleaning supplies shall be provided for the residents use.
FACILITY MANAGER’S RESPONSIBILITY
The Facility Manager shall be clearly identified to all residents and on the premises. This person
shall be responsible for the maintenance and safety of the building. The Facility Manager’s role
and authority must be clearly defined. The Facility Manager should be the keeper of the “good
neighbor” policy and liability insurance and copies should be available and visible in the home.
The Facility Manager will ensure a signed agreement with the resident rules and policies are
signed by each resident at the time of entry. Management shall not impose house rules or policies
that interfere with court ordered services or case plan services.
RESIDENT RECORDS
The Facility Manager in charge of the residence shall maintain formal records to allow
management to track residents and provide a sense of order. The following record keeping
standards are applicable to Sober Living Facilities:
Personal Data Form: The Personal Data Form shall contain biographical personal data that
provides an identification profile of the resident, length of sobriety, prior recovery experience,
source of referral and emergency contact.
Exhibit B
Page 8 of 8
Resident Log: The Resident Log is a continuing record of residents as they enter and exit
residency. The Resident Log includes referral into the home and circumstances of exit. These
records are to abide by confidentiality restrictions provided in this Agreement No. A-13-331.
Sign-in, Sign-out Sheets: For the safety of the residents and in case of emergency, the Facility
Manager must know the location of each resident. Sign-in and Sign-out sheets should be easily
accessible and in a prominent place in the home.
HOUSE RULES
The rules of the house must be clearly defined. Optional rules will depend on the needs of the
population to be served, should not be over burdensome, and must be consistent with residency
needs.
1. No drinking of alcohol or items containing alcohol or using illegal drugs at any time.
2. No alcohol or illegal drugs shall be brought onto the premises at any time.
3. Mandatory attendance at a weekly house meeting.
4. A policy on drug testing is available and equally applies to all residents and staff if utilized.
5. Prior to entry of personal items into the home, all personal items are to be decontaminated and free
of any pest infestations. Personal items may be limited depending on the rules of the Sober Living
Facility and shall be clearly defined in the house rules.
6. House rules may include curfew, smoking, chores and attendance at house meetings, and A.A.
/N.A. meetings.
7. Prescribed medications are to be documented not expired and locked.
8. There should be a policy for drug testing documented and reviewed at each intake.
RESIDENCY REQUIREMENTS
The residency requirements must be clearly defined and at a minimum should include:
a. A desire to live a clean and sober life style.
b. Completion of a formal alcohol or drug recovery program, or documented stability
in a self-help group.
c. A willingness to abide by all the house rules;
A signed residential agreement on file for each resident.
Additional information on the above service descriptions can be found at
http://www.dhcs.ca.gov/provgovpart/Pages/FacilityLicensing.aspx
Exhibit D
Page 1 of 2
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SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors 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 board members 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).
Exhibit D
Page 2 of 2
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(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):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Exhibit E
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the contractual
obligations between County of Fresno (COUNTY) and Fresno Economic Opportunities
Commission , related to provision of services, require that the undersigned report all known or
suspected child abuse or neglect to one or more of the agencies set forth in Penal Code (P.C.)
section(§) 11165.9.
For purposes of the undersigned's child abuse reporting requirements, "child abuse or
neglect" includes physical injury inflicted by other than accidental means upon a child by
another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in P.C. §11165.2,
willful cruelty or unjustifiable punishment as defined in P.C. §11165.3, and unlawful corporal
punishment or injury as defined in P.C. §11165.4.
A child abuse report shall be made whenever the undersigned, in his or her professional
capacity or within the scope of his or her employment, has knowledge of or observes a child
whom the undersigned knows or reasonably suspects has been the victim of child abuse or
neglect. (P.C §11166.) The child abuse report shall be made to any police department or
sheriff’s department (not including a school district police or security department), or to any
county welfare department, including Fresno County Department of Social Services' 24 Hour
CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a "reasonable suspicion" means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a
reasonable person in a like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. The pregnancy of a child does not, in and of
itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C. §11166(a)(l).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements. Further information and a copy of the law may be obtained from the
County of Fresno Department of Social Services Director or designee.
I have read and understand the above statement and agree to comply with the child abuse
reporting requirements.
SIGNATURE DATE