HomeMy WebLinkAboutAgreement A-13-283-1 with DHCS 12-89362-A01.pdfSTATE OF CALI FORNIA Agreement No . 13-283-1
STANDARD AGREEMENT AMENDMENT
STD 213A DH CS (Rev 03/18) -
Agreement Number Am e ndment Number
[gl Check here if additional pages are added : 1 Page(s) 12-89362 A01
Registrati on Nu m ber:
1. This Agreement is entered into between the State Agency and Contractor named below:
State Agency's Name (Also known' as DH CS , C DHS , DHS or t he State)
Department of Health Care Serv ices
Contractor's Nam e (Als o referred to as Contracto r)
Department of Behavioral Health (Fresno County)
2. The term of this Agreement is: May 1, 2013
through June 30 , 2017
3. The maximum amount of this $8 ,113 ,337,000
Agreement after this amendment is : Eight Billion , One Hund red Th irteen Mill ion , Th ree Hundred T hi rty-S even Thousand Dollars .
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein :
I. The effective date of this amendment is June 30 , 2017 .
II. Whereas , the Centers for Medicare and Med icaid Serv ices (CMS) promulgated rev isions to the managed care
regulations applicable to Prepaid Inpatient Health Plans (PIHPs) in the Federal Register , Vol. 81 , No . 88 ,
May 6, 2016 ;
Whereas , Contractor is a PIHP ;
Whereas , some of the revised managed care plan regulations applicable to PIHPs became effective
July 1, 2017 ;
Whereas , the CMS requires all PIHPs to enter into a contract , which contains revised managed care
regulations applicable to PIHPs , with their respective state Medicaid agency effective July 1, 2017 as a
condition of payment of federal financial participation (42 C.F.R. 438.802(a));
All other terms and conditions shall remain the same .
IN WITNESS WHEREOF, this A reement has been executed b the arties hereto .
CONTRACTOR
Contracto r's Name (If other than an individual, state whether a corporation, partnership , etc.)
Department of Behavioral Health (Fresno County)
Address
4441 E. Kings Canyon
Fresno , Ca 93702
A ge ncy Nam e
STATE OF CALIFORNIA
Department of Health Care Services
By (Authorized Signature)
Printed Name and Titl e of Perso n Sig ning
Address
Da te Sig ned (D o not type)
q-\\-\
Date Sig ned (Do not type)
1501 Capitol Avenue , Suite 71.2048 , MS 1400 , P.O. Box 997 413 ,
(Continued on next page)
CALIFORNIA
Department of General Services
Use Only
C8J Exempt per : W&I Code §14703
Sacramento, CA 95899-7413 A TTEST: .::::::::::::::::::::::::::::::::::::::::::::::::::::::::::=::::::::::::::::::::::::::::::::::===================== BERNICE E. SEIDEL
Cl e rk of th e Board of Su pervis ors
County of Fresn o , St ate ot Califo rnia
By ~ ~°'f)
Department of Behavioral Health (Fresno County)
12-89362 A01
Page 2 of 2
Whereas , Agreement 17-94581 contains the required revised managed care regulations
applicable to PIHPs and is effective as of July 1, 2017 ;
Whereas , this Agreement is currently effective until June 30, 2018;
Whereas, the parties wish to avoid having a period where this Agreement and Agreement
17-94581 are simultaneously effective;
Therefore, the parties wish to have this Agreement expire effective June 30 , 2017.
Ill. This Agreement is amended to expire effective June 30 , 2017.
IV . All other terms and conditions shall remain the same.
CCC-307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contra c tor/Bidder Firm Nam e (Printed)
Department of B ehavioral H ealth (Fresno Coun ty)
ATTEST:
Federal ID Number
94-6000512
BERNICE E. SEIDEL
Clerk of the Board of Supervisors 1:=--1=~=1-=~================ County of Fresno, State of California
and Title of P erson Signing By ~ AS{),;y-\ ~sh{)\,
Sal Quintero, Chairperson of the Board of Sup ervisors Deputy ~
Date Executed
~-\\-\~
Executed in the County of
Fresno
CONTRACTOR CERTIFICATION CLAUSES
1. ST A TEMENT OF COMPLIANCE: Contractor has , unless exempted, complied with
the nondiscrimination program requirements . (Gov . Code§ 12990 (a-f) and CCR, Title 2 ,
Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b . Establish a Drug-Free Awareness Program to inform employee s about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace ;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will :
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification , or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION : Contractor certifies
that no more than one ( 1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm 's offices in the State , with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services , and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286 .1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories , or the procurement of equipment, materials , or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel , garments or corresponding accessories, equipment, materials , or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises ifreasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor 's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100 ,000 executed or amended after
January 1, 2007 , the contractor certifies that contractor is in compliance with Public
Contract Code section 10295 .3 .
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California .
I. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification .
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub . Contract Code §10411):
1 ). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations , transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve -month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs , such action by Contractor shall
render this Agreement void . (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission , payment for
preparatory time and payment for per diem . (Pub. Contract Code§ 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT : Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U .S .C. 12101 et seq .)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations , the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled .
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax .
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7 . AIR OR WATER POLLUTION VIOLATION : Under the State laws , the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally detennined to be in violation of provisions of federal law relating to air or water
pollution.
8 . PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
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CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010 , if a bidder or proposer executes or renews a
contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies
compliance with the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed
after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act
(Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code); and
2. EMPLOYER DISCRIMINATORY POLICIES : For contracts over $100,000 executed or
renewed after January 1, 2017 , if a Contractor has an internal policy against a sovereign nation
or peoples recognized by the United States government, the Contractor certifies that such
policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or
the Fair Employment and Housing Act (Section 12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws Federal ID Number
of the State of California that the foregoing is true and correct.
Proposer/Bidder Firm Name (Printed) 94-6000512
Department of Behavioral Health (Fresno County)
By (Authorize ~ture)
?ref
Printed Name and Title of Person Signing
Sa/ Quintero, Chairperson of the Board of Supervisors
Date Executed Executed in the County and State of
q-l\-\~
ATTEST:
BERNICE E . SEIDEL
Clerk of the Board of Supervisors
County of Fresno , State of California
By ~~~O'f
Deputy
Fresno, California