HomeMy WebLinkAboutAgreement A-18-577 with Fresno Unified School District.pdfAgreement No. 18-577
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 9th day of October 2018 , by and
3 between the COUNTY OF FRESNO , a Political Subdivision of the State of California , hereinafter
4 referred to as "COUNTY", and FRESNO UNIFIED SCHOOL DISTRICT, whose address is 2309 Tulare
5 Street, Fresno , CA 93721 , hereinafter referred to as "FRESNO UNIFIED". Reference in this Agreement
6 to party or parties shall be understood to refer to COUNTY and FRESNO UNIFIED unless otherwise
7 specified .
8 WIT N ES SETH:
9 WHEREAS , COUNTY, through its Department of Behavioral Health Substance Use Disorder
10 (DBH-SUD) Services has determ ined there is a need for FRESNO UNIFIED students to receive
11 prevention and treatment services ; and
12 WHEREAS , COUNTY, through multiple COUNTY departments , provides beneficial prevention
13 services to FRESNO UNIFIED students ; and
14 WHEREAS , COUNTY is authorized to contract with privately operated agencies for the
15 provision of prevention and treatment services ; and
16 WHEREAS , the purpose of this Agreement is to allow COUNTY and COUNTY-contracted
17 providers (here inafter "Contractors") access to FRESNO UNIFIED school s ites for implementation of
18 prevention and treatment services .
19 NOW, THEREFORE , in consideration of their mutual covenants and conditions , the parties
20 hereto agree as follows :
21 1. SERVICES
22 Th is document formal izes an Agreement between COUNTY and FRESNO UNIFIED to
23 ensure Fresno Un ified students benefit from prevention and treatment serv ices on school s ites . The
24 COUNTY, through its DBH Director or designee , or FRESNO UNIFIED , may request to convene for
25 review and revision of this Agreement as policies and regulat ions change .
26 A. OBLIGATIONS OF FRESNO UNIFIED
27 To facilitate collaboration between the school s ites and the on-site COUNTY staff
28 and/or COUNTY Contractors , access and workspace will be provided by the school sites with in
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FRESNO UNIFIED on an as-needed basis to conduct prevention and treatment services. FRESNO
UNIFIED will provide access to school sites, as well as confidential therapy room/space ensuring
treatment services can be conducted in the manner that fulfills County, State and Federal requirements.
The school sites must also maintain compliance with the Health Insurance Portability and Accountability
Act (HIPAA) as detailed in Section 10 of this Agreement. Specifically, it is the intent and purpose of this
policy that no one on the school campus can hear what is being said in such therapy rooms/spaces and
that school staff will not access such spaces during treatment sessions.
B. OBLIGATIONS OF COUNTY
COUNTY will agree to provide services through its Contractors. Services will
include:
(1) Prevention Services
Prevention includes the promotion of constructive lifestyles and norms
that discourage destructive behaviors. Prevention is achieved through
the application of multiple strategies; is an ongoing process that must
relate to each emerging generation. The term “prevention” is reserved for
those interventions that occur before the initial onset of a disorder.
(2) Treatment Services
Treatment includes substance abuse treatment programs serving
adolescent clients at middle and Jr. High Schools, high schools, and
alternative education schools. Services include Intake Addiction
Severity Index, Treatment Planning, Group Counseling, Individual
Crisis Counseling Sessions, Collateral Sessions, and Discharges.
Scheduling of services will be coordinated between the approved Service
Provider(s) and the designated school site coordinator. COUNTY and FRESNO UNIFIED shall have
the right to discontinue or refuse services of any of a Contractor’s individual staff members or
volunteers who have not or are not satisfactorily performing services, without being obligated to
terminate the Agreement. COUNTY and FRESNO UNIFIED shall have the authority to determine
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whether a particular individual staff member or volunteer of a Contractor is satisfactorily performing
services and such determination shall be binding upon the parties hereto.
COUNTY shall require that all Contractors’ individual staff members or volunteers
that provide direct services to minors complete a Live Scan fingerprint and background check.
COUNTY shall maintain a list, hereinafter EXHIBIT A, attached hereto and by
this reference incorporated herein, of Contractors approved by COUNTY to provide services under this
Agreement. COUNTY’s DBH Director or her designee, or FRESNO UNIFIED, may request to convene
for review and revision of EXHIBIT A. FRESNO UNIFIED will be notified and provided an updated
Exhibit A as changes and/or modifications occur. COUNTY’s DBH Director or her designee shall have
authority to modify Exhibit A from time to time, as necessary.
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 written approval of both parties no later than thirty (30) days prior to the first day of the
next twelve (12) month extension period. The Director of Behavioral Health or his or her designee is
authorized to execute such written approval on behalf of COUNTY based on FRESNO UNIFIED’S
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 SCHOOL DISTRICT(S) 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
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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 SCHOOL
DISTRICT(S). 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 SCHOOL DISTRICT the
repayment to COUNTY of any funds disbursed to SCHOOL DISTRICT under this Agreement, which in
the judgment of COUNTY were not expended in accordance with the terms of this Agreement.
SCHOOL DISTRICT(S) shall promptly refund any such funds upon demand or, at COUNTY’s option;
such repayment shall be deducted from future payments owing to SCHOOL DISTRICT under this
Agreement.
C. Without Cause – Under circumstances other than those set forth above, this
Agreement may be terminated by either FRESNO UNIFIED or COUNTY or COUNTY’s DBH Director or
designee upon the giving of sixty (60) days advance written notice of an intention to terminate.
4. COMPENSATION
The services and obligations conducted pursuant to the terms and conditions of this
Agreement shall be performed without the payment of any monetary consideration by any of the
parties, one to the other. FRESNO UNIFIED is providing the use of its school sites to COUNTY in
exchange for the services provided to FRESNO UNIFIED students as described in this agreement.
5. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by FRESNO UNIFIED
under this Agreement, it is mutually understood and agreed that FRESNO UNIFIED, including any and
all of FRESNO UNIFIED’s 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 FRESNO UNIFIED shall
perform its work and function. However, COUNTY shall retain the right to administer this Agreement so
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as to verify that FRESNO UNIFIED is performing its obligations in accordance with the terms and
conditions thereof.
Because of its status as an independent contractor, FRESNO UNIFIED shall have
absolutely no right to employment rights and benefits available to COUNTY employees. FRESNO
UNIFIED shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-
required employee benefits. In addition, FRESNO UNIFIED shall be solely responsible and save
COUNTY harmless from all matters relating to payment of FRESNO UNIFIED’S employees, including
compliance with Social Security, withholding, and all other regulations governing such matters.
Likewise, COUNTY shall be solely responsible and save FRESNO UNIFIED harmless from all matters
relating to payment of COUNTY’S employees, including compliance with Social Security, withholding,
and all other regulations governing such matters.
6. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent
of all parties without, in any way, affecting the remainder.
7. NON-ASSIGNMENT
No party shall assign, transfer or subcontract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other parties.
8. HOLD HARMLESS
SCHOOL DISTRICT agrees to indemnify, save, hold harmless, and at COUNTY's
request, defend the 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 SCHOOL DISTRICT, 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 SCHOOL DISTRICT, their officers, agents or employees under this Agreement.
SCHOOL DISTRICT agrees to indemnify COUNTY for Federal, State of California
and/or local audit exceptions resulting from noncompliance herein on the part of the SCHOOL
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DISTRICT.
COUNTY agrees to indemnify, save, hold harmless, and at SCHOOL DISTRICT
request, defend the SCHOOL DISTRICT, 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 the SCHOOL DISTRICT in connection with the performance, or failure to perform, by
COUNTY, the Contractors listed on Exhibit A, and their officers, agents, representatives, volunteers, 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 COUNTY, its
officers, agents, or employees under this Agreement.
9. INSURANCE
Without limiting each party’s right to obtain indemnification from the other, and without
limiting each party’s right to obtain indemnification from its contractor(s) or any third parties, each party,
at its sole expense, shall maintain in full force and effect the following insurance policies or a program
of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers
Agreement (JPA) throughout the term of this Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). 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 of not less than One Million
Dollars ($1,000.000) per accident and for property damages. Coverage should include owned and non-
owned vehicles used in connection with this Agreement.
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D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code. SCHOOL DISTRICT 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 SCHOOL DISTRICT's 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 SCHOOL DISTRICT signs this Agreement,
SCHOOL DISTRICT shall provide certificates of insurance and endorsements as stated above for all of
the foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health,
3133 N. Millbrook Avenue, Fresno, California, 93703, Attention: Contracts Division, 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 SCHOOL DISTRICT’s 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 SCHOOL DISTRICT fails 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
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California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of
A FSC VIII or better.
10. 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.
11. NON-DISCRIMIATION
During the performance of this Agreement, FRESNO UNIFIED shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
race, religion, color, national origin, ancestry, physical disability, medical condition, marital status,
sexual orientation, age or gender, pursuant to all applicable State of California and Federal statutes and
regulations.
12. AUDITS AND INSPECTIONS
FRESNO UNIFIED shall at any time during business hours, and as often as the
COUNTY may deem necessary, make available to the COUNTY for examination all of its records and
data with respect to the matters covered by this Agreement. FRESNO UNIFIED shall, upon request by
the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure
FRESNO UNIFIED's compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), FRESNO
UNIFIED shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under contract (Government Code section 8546.7).
13. NOTICES
The persons having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY SCHOOL DISTRICT
Director, Fresno County Superintendent
Department of Behavioral Health Fresno Unified School District
3133 N. Millbrook Ave. 2309 Tulare Street
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Fresno, CA 93703 Fresno, CA 93721
Any and all notices between FRESNO UNIFIED and the COUNTY, provided for or
permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
United States Mail, postage prepaid, addressed to such party.
14. GOVERNING LAW
The parties agree that for the purpose of venue for any action arising out of or related to
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.
15. ENTIRE AGREEMENT
This Agreement, including all Exhibits constitutes between FRESNO UNIFIED and
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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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FRESNO UNIFIED SCHOOL DISTRICT
Robert G. Nelson, Ed.D., Superintendent 1
7 Print Name: ffe b~f ~ · .,¼/4 11-1 •
8
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1 O APPROVED AS TO FORM:
:: By : ~{2#.-
14
15 Title: E...x~cu\:i\c(c. !)\re.dm:c
Andrew De La Torre
16 Benefits and Risk Management
17
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19 Mailing Address:
FRESNO UNIFIED SCHOOL DISTRICT
20
2309 Tulare Street
21 Fresno, CA 93721
Contact: Superintendent
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FOR ACCOUNTING USE ONLY:
ORG No.: 56302081
26 Account No.: 7295
Requisition No.:
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COUNTY OF FRESNO
hairperson of the Board of
~-1'1' the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
By: ,Sk A ~~-Sbo:p
Deputy
Exhibit A
Page 1 of 2
LEGEND:
P - PREVENTION PROGRAM
T - TREATMENT PROGRAM
* - DRUG MED-CAL PROGRAM
Service Provider Name Program Services
Central California Recovery, Inc. (T)*
1100 W. Shaw Ave., #102 Outpatient Substance Use
Fresno, CA 93711 Disorder treatment services
(559) 681-1947
Delta Care, Inc. (T)*
4705 N. Sonora Ave., #113 Outpatient Substance Use
Fresno, CA 93722 Disorder treatment services
(559) 276-7558
Fresno New Connections, Inc. (T)*
4411 N. Cedar Ave., #108 Outpatient Substance Use
Fresno, CA 93726 Disorder treatment services
(559) 248-1548
Kings View Behavioral Health Systems (T)*
1822 Jensen Ave., 102 Outpatient Substance Use
Fresno, CA 93657 Disorder treatment services
(559) 875-6300
Mental Health Systems, Inc. (T)*
3122 N. Millbrook Ave., Ste B Outpatient Substance Use
Fresno, CA 93703 Disorder treatment services
(559) 225-9117
Panacea Services, Inc. (T)*
3152 N. Millbrook Ave., Ste D Outpatient Substance Use
Fresno, CA 93703 Disorder treatment services
(559) 241-0364
4928 E. Clinton Ave., #108 Outpatient Substance Use
Fresno, CA 93727 Disorder treatment services
(559) 241-0364
Pathways to Recovery (T)*
515 S. Cedar Ave.Outpatient Substance Use
Fresno, CA 93702 Disorder treatment services
(559) 600-6069
Promesa Behavioral Health, Inc. (T)*
7120 N. Marks Ave., Ste 110 Outpatient Substance Use
Fresno, CA 93710 Disorder treatment services
(559) 981-5534
Prodigy Healthcare, Inc. (T)*
311 E. Merced St.Outpatient Substance Use
Fowler, CA 93625 Disorder treatment services
(559) 892-9452
Transitions Children's Services
1945 N. Helm Ave., Suite 101 Outpatient Substance Use
Fresno, CA 93727 Disorder treatment services
(559) 222-5437
Exhibit A
Page 2 of 2
LEGEND:
P - PREVENTION PROGRAM
T - TREATMENT PROGRAM
* - DRUG MED-CAL PROGRAM
Service Provider Name Program Services
WestCare California, Inc. (T)*
611 E. Belmont Ave.Outpatient Substance Use
Fresno, CA 93701 Disorder treatment services
(559) 981-5534
California Health Collaborative (P)
1680 W. Shaw Ave PATH Project Marijuana Prevention
Fresno, CA 93711 Lock-It Up Project Prescription Drug Prevention
(559) 244-4526 Substance Abuse Prevention
Youth Leadership Institute (P)
1749 L St.Alcohol Initiative Youth-Driven Underage &
Fresno, CA 93721 Friday Night Live/Club Live/Kids Live Bing Drinking Prevention
(559) 255-3300 Programs
LPC Consulting Services (P)
1451 River Park Dr., Suite 100 Prevention Services
Sacramento, CA 95815 Evaluator
(916) 448-8026
Department of Public Health (P)Tobacco Prevention
1221 Fulton Mall Nutrition & Physical Activity Presentation & Materials
Fresno, CA 93721 Communicable Disease Prevention Services
(559) 600-3200 Chronic Disease Prevention
Oral Health
Local Dental Pilot Project