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HomeMy WebLinkAboutAgreement A-18-256 Substance Abuse Treatment Svc's..pdfCOUNTY OF FRESNO Fresno, CA -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// COUNTY OF FRESNO Fresno, CA -6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. COUNTY OF FRESNO Fresno, CA -8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. COUNTY OF FRESNO Fresno, CA -12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.) /// /// /// COUNTY OF FRESNO Fresno, CA -13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -14 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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’ COUNTY OF FRESNO Fresno, CA -18 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// COUNTY OF FRESNO Fresno, CA -19 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY OF FRESNO Fresno, CA -20 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. COUNTY OF FRESNO Fresno, CA -21 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “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. /// COUNTY OF FRESNO Fresno, CA -22 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 25 26 27 28 -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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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