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Agreement No . 18-666
MASTER AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of December , 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 Exh i bit A "List of Contractors ", attached
hereto and by this reference incorporated herein , and collectively here inafter referred to as
"CONTRACTORS ", and such add itional CONTRACTOR(S) as may, from t ime to time during the term
of this Agreement , be added by COUNTY. Reference in this Agreement to "parties " shall be
understood to refer to COUNTY and each indiv idual CONTRACTOR , unless otherwise specified .
WIT N ES SETH:
WHEREAS , COUNTY, through its Department of Behavioral Health (DBH), is in need of
qualified agencies to provide recruiting services for temporary staffing of Licensed Marriage and
Fam ily Therapists (LMFT), Licensed Clinical Social Workers (LCSW), Licensed Professional Clinical
Counselors (LPCC), Licensed Vocational Nurses (LVN), Registered Nurses (RN), and Nurse
Practitioners (NP) according to the terms and conditions of this Agreement ; and
WHEREAS , CONTRACTOR(S) are qualified and willing to provide said services pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE , in cons ideration of their mutual covenants and conditions , the parties
hereto agree as follows :
1. OBLIGATIONS OF THE CONTRACTOR(S)
A. CONTRACTOR(S) shall perform all services and fulfill all responsibil ities
identified in COUNTY'S RFSQ No . 18-053 dated June 25 , 2018 and CONTRACTOR(S) responses to
said RFSQ No . 18-053 , all incorporated by reference and herein made part of this Agreement.
CONTRACTOR(S) shall perform all services as described in Exhibit B attached hereto and with this
reference incorporated here i n, at the rates set forth in Exhibit C-1 , et seq ., attached hereto and
incorporated herein by this reference .
In the event of any inconsistency among these documents, the inconsistency
shall be resolved by giving precedence in the following order of priority to : (1) this Agreement,
including all amendments thereto but excluding COUNTY's RFSQ No. 18-053 and CONTRACTOR(S)
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Responses to COUNTY’s RFSQ No. 18-053; 2) to COUNTY’s RFSQ No. 18-053; and 3) to
CONTRACTOR(S) Responses to COUNTY’s RFSQ No. 18-053. A copy of COUNTY’s RFSQ No.
18-053, and CONTRACTOR(S)’ Responses thereto, shall be retained and made available during the
term of this Agreement by COUNTY’s Purchasing Department.
B. Each CONTRACTOR warrants that it possesses all licenses and certificates
required by local, State of California and/or Federal laws and regulations for the conduct of its
business and shall operate its business in accordance with all applicable laws and regulations. Each
CONTRACTOR further warrants that all of its personnel performing services under this Agreement
shall be licensed and certified where required, to lawfully perform their duties and shall maintain such
licensure and certifications throughout the term of this Agreement.
CONTRACTOR(S) shall maintain copies of all licenses and certifications noted
above and shall allow COUNTY to review these documents upon request. CONTRACTOR(S) shall
provide qualified individuals that reside in Fresno County to provide services.
C. Each CONTRACTOR performing services under this Agreement shall execute a
“Services & Compensation” which will become part of this Agreement, as Exhibit C-1 et. seq. Each
“Services & Compensation” shall specify the services to be provided by the individual CONTRACTOR
and the specific services, and rates, COUNTY requires of each CONTRACTOR. Once the
CONTRACTOR(S) has signed, dated and returned the “Services & Compensation” to COUNTY,
COUNTY’s DBH Director, or designee, shall review the “Services & Compensation”. Upon the
execution of the “Services & Compensation” by COUNTY’s DBH Director, or designee, as described
herein, the CONTRACTOR(S) shall be added to this Agreement.
2. TERM
This Agreement shall become effective retroactive to the 1st day of November, 2018 and
shall terminate on the 30th day of June, 2021. CONTRACTOR(S) added to this Agreement after
Novermber 1, 2018, shall become part of the Agreement effective upon the date the executed
“Services & Rates” is received and approved by the COUNTY’s DBH Director, or designee, as set
forth in Section 1, Paragraph C of this Agreement.
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Effective July 1, 2021, this Agreement, subject to satisfactory performance and subject
to available funding each year, shall be extended for two (2) additional twelve (12) month periods
upon the same terms and conditions herein set forth, unless written notice of non-renewal is given no
later than thirty (30) days prior to the close of the current Agreement term by COUNTY’s DBH
Director, or designee, or one (1) or more CONTRACTOR(S). A CONTRACTOR(S)’ written notice of
non-renewal shall only apply to that CONTRACTOR(S)’ involvement in this Agreement.
The June 30th termination date specified herin shall be the termination date for all
CONTRACTORS, regardless of when CONTRACTOR(S) is added to this Agreement. Any 12-month
renewal period of this Agreement for any CONTRACTOR(S) already providing services under this
Agreement shall commence on July 1, 2022 and 2023, as appropriate.
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 CONTRACTOR(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 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 CONTRACTOR(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 the CONTRACTOR(S) the repayment
to the COUNTY of any funds disbursed to CONTRACTOR(S) under this Agreement, which in the
judgment of COUNTY were not expended in accordance with the terms of this Agreement. Each
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CONTRACTOR(S) shall promptly refund any such funds upon demand or, at the COUNTY’s option
such repayment shall be deducted from future payments owing to that CONTRACTOR(S) under this
Agreement. COUNTY shall provide notice to the CONTRACTOR(S) of such breach or default prior to
taking any action to suspend payments or terminate the Agreement.
In addition, each CONTRACTOR(S) shall have the right to terminate this Agreement
upon giving a written thirty (30) day notice to COUNTY, in the event COUNTY fails to comply with the
term of this Agreement or fails to perform its services as stated herin.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY’s DBH Director, or designee, or one (1) or more
CONTRACTOR(S) upon the giving of thirty (30) days advance written notice of an intention to
terminate.
4. COMPENSATION
COUNTY agrees to pay CONTRACTOR(S) and CONTRACTOR(S) agree to receive
compensation for successful placement of staff in accordance with this Agreement and Exhibit B, and
in accordance with the compensation rates identified by each CONTRACTOR(S) within their
respective “Services & Compensation”, as set forth herein as Exhibit C-1 et. seq.
A. The maximum amount of compensation to be paid to all CONTRACTORS
collectively for rate charges for the first 12-month period of the initial contract term, (November 1,
2018 through June 30, 2019) shall not exceed the amount of One Million, Seven Hundred Thirty-
Three Thousand, Three Hundred and Thirty-Three and No/100 Dollars ($1,733,333.00).
The maximum amount of compensation to be paid to all CONTRACTORS collectively for
rate charges for the second 12-month period of the initial contract term, (July 1, 2019 through June
30, 2020) shall not exceed the amount of Two Million, Six Hundred Thousand and No/100 Dollars
($2,600,000.00).
The maximum amount of compensation to be paid to all CONTRACTORS collectively for
rate charges for the third 12-month period of the initial contract term, (July 1, 2020 through June 30,
2021) shall not exceed the amount of Two Million, Six Hundred Thousand and No/100 Dollars
($2,600,000.00).
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The maximum amount of compensation to be paid to all CONTRACTORS collectively for
rate charges for the first 12-month period of the renewal contract term (July 1, 2021 through June 30,
2022), if the contract is renewed, shall not exceed the amount of Two Million, Six Hundred Thousand
and No/100 Dollars ($2,600,000.00).
The maximum amount of compensation to be paid to all CONTRACTORS collectively for
rate charges for the second 12-month period of the renewal contract term (July 1, 2022 through June
30, 2023), if the contract is renewed, shall not exceed the amount of Two Million, Six Hundred
Thousand and No/100 Dollars ($2,600,000.00).
In no event shall the total maximum amount for the services provided by
CONTRACTORS collectively under the terms and conditions of this Agreement for the entire five (5)
year term exceed Twelve Million, One Hundred Thirty-Three Thousand, Three Hundred Thirty-Three
and No/100 Dollars ($12,133,333.00).
It is acknowledged by all parties hereto that the rate(s) specified in each
CONTRACTOR(S)’ “Services & Compensation” may change during the term of this Agreement and
such rate changes must be approved by COUNTY’s DBH Director, or designee, upon receipt of a
written application for such a rate increase. Any such approved rate change shall become a part of
this Agreement. It is also acknowledged that as additional CONTRACTORS are added to this
Agreement, Exhibit C-1 et seq. shall be updated to include the specific “Services & Compensation”
which includes services and rates for each added CONTRACTOR, and shall be effective upon
approval and execution by COUNTY’s DBH Director, or designee.
Commencing April 1st of each term of this Agreement, each CONTRACTOR shall
provide to COUNTY’s DBH a new “Services & Compensation” with the updated rates of services for
the following 12-month term of the Agreement (beginning with the new fiscal year). Said updated
“Services & Compensation” shall be reviewed for approval by COUNTY’s DBH Director, or designee,
as set forth in Section 1, Paragraph D of this Agreement.
In the event CONTRACTOR(S) fails to comply with any provisions of this Agreement,
COUNTY shall withhold payment until such time as the non-compliance has been corrected.
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B. Payments shall be made by COUNTY to CONTRACTOR(S) in arrears, for
services provided during the preceding month, within forty-five (45) days after the date of receipt and
approval by COUNTY of the monthly invoicing as described in Section Five (5), INVOICING, herein.
C. Payments shall be made after receipt and verification of hours worked by each
staff person, as identified in Exhibit C-1 et. seq., and shall be documented to COUNTY on a monthly
basis by the tenth (10th) of the month following the month of said expenditures.
D. COUNTY shall not be obligated to make any payments under this
Agreement if the request for payment is received by COUNTY more than sixty (60) days after this
Agreement has terminated or expired.
All final claims, including actual cost per unit, shall be submitted by
CONTRACTOR(S) within sixty (60) days following the final month of service for which payment is
claimed. No action shall be taken by COUNTY on claims submitted beyond the sixty (60) day
closeout period. Any compensation which is not expended by CONTRACTOR(S) pursuant to the
terms and conditions of this Agreement shall automatically revert to COUNTY.
5. INVOICING
A. CONTRACTOR(S) shall invoice COUNTY in arrears by the tenth (10th) day of
each month for the prior month’s actual services rendered to DBHInvoices@fresnocountyca.gov and
a carbon copy to the assigned COUNTY DBH Mental Health Contracts Staff Analyst.
B. At the discretion of COUNTY’s DBH Director, or designee, if an invoice is
incorrect or is otherwise not in proper form or substance, COUNTY’s DBH 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 CONTRACTOR(S). CONTRACTOR(S) agrees 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 DBH’s satisfaction,
COUNTY’s DBH Director, or designee, may elect to terminate this Agreement, pursuant to the
termination provisions stated in Section 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 DBH Director, or designee, COUNTY’s DBH shall have
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the right to deny payment of any additional invoices received.
C. CONTRACTOR(S) shall submit monthly invoices and supporting documentation
that itemize the line item charges for monthly service costs (per applicable compensation rates, as
identified in Exhibit C-1 et. seq.). The invoices and supporting documenation will serve as tracking
tools to determine if CONTRACTOR(S)’ service costs are in accordance with its negotiated maximum
compensation, as set forth in Exhibit C-1 et. seq.
D. CONTRACTOR(S) shall submit monthly staffing reports that identify all direct
service and support staff, applicable licensure/certifications, and full time hours worked to be used as
a tracking tool to determine if CONTRACTOR(S)’s program is staffed according to the services
provided under this Agreement.
E. CONTRACTOR(S) must maintain such financial records for a period of seven (7)
years or until any dispute, audit or inspection is resolved, whichever is later. CONTRACTOR(S) will
be responsible for any disallowances related to inadequate documentation.
6. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by CONTRACTOR(S)
under this Agreement, it is mutually understood and agreed that CONTRACTOR(S), including any
and all of CONTRACTOR(S)’ students, instructors, faculty, officers, agents, and employees will at all
times be acting and performing as independent contractors, and shall act in an independent capacity
and not as an officer, agent, servant, employee, joint venture, partner, or associate of COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by
which CONTRACTOR(S) shall perform its work and function. However, COUNTY shall retain the
right to administer this Agreement so as to verify that CONTRACTOR(S) is performing their
obligations in accordance with the terms and conditions thereof. CONTRACTOR(S) 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, CONTRACTOR(S), its instructors,
employees and students, shall have absolutely no right to employment rights and benefits available to
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COUNTY employees. CONTRACTOR(S) shall be solely liable and responsible for providing to, or on
behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR(S) shall
be solely responsible and save COUNTY harmless from all matters relating to payment of
CONTRACTOR’s employees, including compliance with Social Security, withholding, and all other
regulations governing such matters. As between COUNTY and CONTRACTOR(S), should the
students be deemed employees, by any governmental or regulatory body, the students shall be the
employees of the CONTRACTOR(S). It is acknowledged that during the term of this Agreement,
CONTRACTOR(S) may be providing services to others unrelated to COUNTY or to this Agreement.
7. MODIFICATION
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.
Notwithstanding the above, changes to the List of Contracted Providers (Exhibit A),
including changes to CONTRACTOR(S)’ addresses, as well as changes to the “Services & Rates”
(Exhibit C-1 et. seq.) for rate adjustments and changes to the type of temporary staffing
classifications made available by CONTRACTOR(S) may be made with the written approval of the
COUNTY’s DBH Director, or designee, and the individual CONTRACTOR. In addition, non-material
changes to the Scope of Work (Exhibit B) as needed to accommodate revisions in the law relating to
mental health treatment services may be made with the signed written approval of COUNTY’s DBH
Director, or designee, and respective CONTRACTOR(S) through an amendment approved by
COUNTY’s County Counsel and AuditorController/Treasurer-Tax Collector. Said changes shall not
result in any change to the maximum compensation amount payable by COUNTY to
CONTRACTOR(S), as stated herein.
8. NON-ASSIGNMENT
COUNTY and CONTRACTOR(S) shall not assign, transfer or subcontract this
Agreement nor their rights or duties under this Agreement, without the prior written consent of
COUNTY and the individual CONTRACTOR(S) seeking to make such assignment.
9. HOLD-HARMLESS
CONTRACTOR(S) agrees to indemnify, save, hold harmless, and at COUNTY's request,
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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 CONTRACTOR(S), its 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 CONTRACTOR(S), their officers, agents or employees under this Agreement.
CONTRACTOR(S) agrees to indemnify COUNTY for Federal and/or State of California
audit exceptions resulting from noncompliance herein on the part of CONTRACTOR(S).
10. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or
any third parties, CONTRACTOR, 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 the 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 coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
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D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
E. Molestation
Sexual abuse / molestation liability insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This
policy shall be issued on a per occurrence basis.
Additional Requirements Relating to Insurance
CONTRACTOR 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 CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents,
and employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may
be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation
under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this
Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above
for all of the foregoing policies, as required herein, to the County of Fresno, (Name and Address of
the official who will administer this contract), stating that such insurance coverage 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
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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 CONTRACTOR'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 CONTRACTOR fails to keep in effect at all times insurance coverage as
herein provided, the 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 issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best,
Inc. rating of A FSC VII or better.
11. ADDITIONS/DELETIONS OF CONTRACTORS
COUNTY’s DBH 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. LICENSES/CERTIFICATES
Throughout the term of this Agreement, CONTRACTOR(S) and CONTRACTOR(S)’ staff
shall maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions
necessary for the provision of the services hereunder and required by the laws and regulations of the
United States of America, State of California, the County of Fresno, and any other applicable
governmental agencies. CONTRACTOR(S) shall notify COUNTY immediately in writing of its inability
to obtain or maintain such licenses, permits, approvals, certificates, waivers and exemptions
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irrespective of the pendency of any appeal related thereto. Additionally, CONTRACTOR(S) and
CONTRACTOR(S)’ staff shall comply with all applicable laws, rules or regulations, as may now exist
or be hereafter changed.
13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The parties to this Agreement shall be in strict conformance with all applicable
Federal and State of California laws and regulations, including but not limited to Sections 5328, 10850,
and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title 42,
Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code, and the Health
Insurance Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et
seq. of Title 42, United States Code (USC) and its implementing regulations, including, but not limited
to Title 45, CFR, Sections 142, 160, 162, and 164, The Health Information Technology for Economic
and Clinical Health Act (HITECH) regarding the confidentiality and security of patient information, and
the Genetic Information Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic
information.
Except as otherwise provided in this Agreement, CONTRACTOR(S), as a
Business Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform
functions, activities or services for or on behalf of COUNTY, as specified in this Agreement, provided
that such use or disclosure shall not violate the Health Insurance Portability and Accountability Act
(HIPAA), USC 1320d et seq. The uses and disclosures of PHI may not be more expansive than those
applicable to COUNTY, as the “Covered Entity” under the HIPAA Privacy Rule (45 CFR 164.500 et
seq.), except as authorized for management, administrative or legal responsibilities of the Business
Associate.
B. CONTRACTOR(S), including its subcontractors and employees, shall protect,
from unauthorized access, use, or disclosure of names and other identifying information, including
genetic information, concerning persons receiving services pursuant to this Agreement, except where
permitted in order to carry out data aggregation purposes for health care operations [45 CFR Sections
164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any and all persons
receiving services pursuant to a COUNTY funded program. This requirement applies to electronic PHI.
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CONTRACTOR(S) shall not use such identifying information or genetic information for any purpose
other than carrying out CONTRACTOR’s obligations under this Agreement.
C. CONTRACTOR(S), including its subcontractors and employees, shall not
disclose any such identifying information or genetic information to any person or entity, except as
otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or
other law, required by the Secretary, or authorized by the client/patient in writing. In using or
disclosing PHI that is permitted by this Agreement or authorized by law, CONTRACTOR(S) shall make
reasonable efforts to limit PHI to the minimum necessary to accomplish intended purpose of use,
disclosure or request.
D. For purposes of the above sections, identifying information shall include, but not
be limited to name, identifying number, symbol, or other identifying particular assigned to the
individual, such as finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic
tests of family members of an individual or individual, manifestation of disease or disorder of family
members of an individual, or any request for or receipt of, genetic services by individual or family
members. Family member means a dependent or any person who is first, second, third, or fourth
degree relative.
F. CONTRACTOR(S) shall provide access, at the request of COUNTY, and in the
time and manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
Section 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR Section
164.524 regarding access by individuals to their PHI. With respect to individual requests, access shall
be provided within thirty (30) days from request. Access may be extended if CONTRACTOR(S)
cannot provide access and provides individual with the reasons for the delay and the date when
access may be granted. PHI shall be provided in the form and format requested by the individual or
COUNTY.
CONTRACTOR(S) shall make any amendment(s) to PHI in a designated record
set at the request of COUNTY or individual, and in the time and manner designated by COUNTY in
accordance with 45 CFR Section 164.526.
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CONTRACTOR(S) shall provide to COUNTY or to an individual, in a time and
manner designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
permit COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
accordance with 45 CFR Section 164.528.
G. CONTRACTOR(S) shall report to COUNTY, in writing, any knowledge or
reasonable belief that there has been unauthorized access, viewing, use, disclosure, security incident,
or breach of unsecured PHI not permitted by this Agreement of which it becomes aware, immediately
and without reasonable delay and in no case later than two (2) business days of discovery. Immediate
notification shall be made to COUNTY’s Information Security Officer and Privacy Officer and
COUNTY’s DPH HIPAA Representative, within two (2) business days of discovery. The notification
shall include, to the extent possible, the identification of each individual whose unsecured PHI has
been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or breached.
CONTRACTOR(S) shall take prompt corrective action to cure any deficiencies and any action
pertaining to such unauthorized disclosure required by applicable Federal and State Laws and
regulations. CONTRACTOR(S) shall investigate such breach and is responsible for all notifications
required by law and regulation or deemed necessary by COUNTY and shall provide a written report of
the investigation and reporting required to COUNTY’s Information Security Officer and Privacy Officer
and COUNTY’s DPH HIPAA Representative. This written investigation and description of any
reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the
breach to the addresses below:
County of Fresno County of Fresno County of Fresno
Dept. of Behavioral Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-6798 (559) 600-6405 (559) 600-5800
3147 N. Millbrook Ave. (559) 600-6439 333 W. Pontiac Way
Fresno, CA 93703 P.O. Box 11867 Clovis, CA 93612
Fresno, CA 93775
H. CONTRACTOR(S) shall make its internal practices, books, and records relating
to the use and disclosure of PHI received from COUNTY, or created or received by the
CONTRACTOR(S) on behalf of COUNTY, in compliance with HIPAA’s Privacy Rule, including, but not
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limited to the requirements set forth in Title 45, CFR, Sections 160 and 164. CONTRACTOR(S) shall
make its internal practices, books, and records relating to the use and disclosure of PHI received from
COUNTY, or created or received by the CONTRACTOR(S) on behalf of COUNTY, available to the
United States Department of Health and Human Services (Secretary) upon demand.
CONTRACTOR(S) shall cooperate with the compliance and investigation reviews
conducted by the Secretary. PHI access to the Secretary must be provided during the
CONTRACTOR’s normal business hours, however, upon exigent circumstances access at any time
must be granted. Upon the Secretary’s compliance or investigation review, if PHI is unavailable to
CONTRACTOR(S) and in possession of a subcontractor, it must certify efforts to obtain the
information to the Secretary.
I. Safeguards
CONTRACTOR(S) shall implement administrative, physical, and technical
safeguards as required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it
creates, receives, maintains or transmits on behalf of COUNTY and to prevent unauthorized access,
viewing, use, disclosure, or breach of PHI other than as provided for by this Agreement.
CONTRACTOR(S) shall conduct an accurate and thorough assessment of the potential risks and
vulnerabilities to the confidential, integrity and availability of electronic PHI. CONTRACTOR(S) shall
develop and maintain a written information privacy and security program that includes administrative,
technical and physical safeguards appropriate to the size and complexity of CONTRACTOR(S)’
operations and the nature and scope of its activities. Upon COUNTY’s request, CONTRACTOR(S)
shall provide COUNTY with information concerning such safeguards.
CONTRACTOR(S) shall implement strong access controls and other security
safeguards and precautions in order to restrict logical and physical access to confidential, personal
(e.g., PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include
the following administrative and technical password controls for all systems used to process or store
confidential, personal, or sensitive data:
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1. Passwords must not be:
a. Shared or written down where they are accessible or recognizable
by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c. Changed immediately if revealed or compromised; and
d. Composed of characters from at least three (3) of the following
four (4) groups from the standard keyboard:
1) Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
CONTRACTOR(S) shall implement the following security controls on each
workstation or portable computing device (e.g., laptop computer) containing confidential,
personal, or sensitive data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating
system/software vendor security patches.
CONTRACTOR(S) shall utilize a commercial encryption solution that has
received FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on
portable electronic media (including, but not limited to, compact disks and thumb drives) and on
portable computing devices (including, but not limited to, laptop and notebook computers).
CONTRACTOR(S) shall not transmit confidential, personal, or sensitive data via
e-mail or other internet transport protocol unless the data is encrypted by a solution that has been
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validated by the National Institute of Standards and Technology (NIST) as conforming to the
Advanced Encryption Standard (AES) Algorithm. CONTRACTOR(S) must apply appropriate
sanctions against its employees who fail to comply with these safeguards. CONTRACTOR(S) must
adopt procedures for terminating access to PHI when employment of employee ends.
J. Mitigation of Harmful Effects
CONTRACTOR(S) shall mitigate, to the extent practicable, any harmful effect
that is suspected or known to CONTRACTOR(S) of an unauthorized access, viewing, use, disclosure,
or breach of PHI by CONTRACTOR(S) or its subcontractors in violation of the requirements of these
provisions. CONTRACTOR(S) must document suspected or known harmful effects and the outcome.
K. CONTRACTOR(S)’ Subcontractors
CONTRACTOR(S) shall ensure that any of its contractors, including subcontractors, if applicable, to
whom CONTRACTOR(S) provides PHI received from or created or received by CONTRACTOR(S) on
behalf of COUNTY, agree to the same restrictions, safeguards, and conditions that apply to
CONTRACTOR(S) with respect to such PHI and to incorporate, when applicable, the relevant
provisions of these provisions into each subcontract or sub-award to such agents or subcontractors.
L. Employee Training and Discipline
CONTRACTOR(S) shall train and use reasonable measures to ensure
compliance with the requirements of these provisions by employees who assist in the performance of
functions or activities on behalf of COUNTY under this Agreement and use or disclose PHI and
discipline such employees who intentionally violate any provisions of these provisions, including
termination of employment.
M. Termination for Cause
Upon COUNTY’s knowledge of a material breach of these provisions by
CONTRACTOR(S), COUNTY shall either:
1. Provide an opportunity for CONTRACTOR(S) to cure the breach or end
the violation and terminate this Agreement if CONTRACTOR(S) does not cure the breach or end the
violation within the time specified by COUNTY; or
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2. Immediately terminate this Agreement if CONTRACTOR(S) has breached
a material term of these provisions and cure is not possible.
3. If neither cure nor termination is feasible, the COUNTY’s Privacy Officer
shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and
conditions of this Agreement as written hereinabove, if: (1) CONTRACTOR(S) is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
finding or stipulation that the CONTRACTOR(S) has violated a privacy or security standard or
requirement of the HITECH Act, HIPAA or other security or privacy laws in an administrative or civil
proceeding in which the CONTRACTOR(S) is a party.
O. Effect of Termination
Upon termination or expiration of this Agreement for any reason,
CONTRACTOR(S) shall return or destroy all PHI received from COUNTY (or created or received by
CONTRACTOR(S) on behalf of COUNTY) that CONTRACTOR(S) still maintains in any form, and
shall retain no copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to
extend the protections of these provisions to such information, and limit further use of such PHI to
those purposes that make the return or destruction of such PHI infeasible. This provision shall apply
to PHI that is in the possession of subcontractors or agents, if applicable, of CONTRACTOR(S). If
CONTRACTOR(S) destroys the PHI data, a certification of date and time of destruction shall be
provided to the COUNTY by CONTRACTOR(S).
P. Disclaimer
COUNTY makes no warranty or representation that compliance by
CONTRACTOR(S) with these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be
adequate or satisfactory for CONTRACTOR(S)’ own purposes or that any information in
CONTRACTOR(S)’ possession or control, or transmitted or received by CONTRACTOR(S), is or will
be secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR(S) is solely
responsible for all decisions made by CONTRACTOR(S) regarding the safeguarding of PHI.
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Q. Amendment
The parties acknowledge that federal and state laws relating to electronic data
security and privacy are rapidly evolving and that amendment of these provisions may be required to
provide for procedures to ensure compliance with such developments. The parties specifically agree
to take such action as is necessary to amend this agreement in order to implement the standards and
requirements of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to
the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
notice in the event that CONTRACTOR(S) does not enter into an amendment providing assurances
regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA regulations and the HITECH Act.
R. No Third-Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions is
intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
CONTRACTOR(S) and their respective successors or assignees, any rights, remedies, obligations or
liabilities whatsoever.
S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as
necessary to implement and comply with HIPAA, the HIPAA regulations and applicable state laws.
The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved
in favor of a meaning that complies and is consistent with HIPAA and the HIPAA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the
HIPAA regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of CONTRACTOR(S) as stated in this
Section shall survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any
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one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
or shall prohibit enforcement of any obligation on any other occasion.
14. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent access,
viewing, use or disclosure of COUNTY data including sensit ive 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 the COUNTY for the purpose of providing services under this
Agreement must employ adequate data security measures to protect the confidential information
provided to CONTRACTOR(S) by the COUNTY, including but not limited to the following:
A. CONTRACTOR(S)-Owned Mobile, Wireless, or Handheld Devices
CONTRACTOR(S) may not connect to COUNTY networks via personally-owned
mobile, wireless or handheld devices, unless the following conditions are met:
1) CONTRACTOR(S) has received authorization by COUNTY for
telecommuting purposes;
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
B. CONTRACTOR(S)-Owned Computers or Computer Peripherals
CONTRACTOR(S) may not bring CONTRACTOR(S)-owned computers or
computer peripherals into the COUNTY for use without prior authorization from the COUNTY’s Chief
Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is
approved to be transferred, data must be stored on a secure server approved by the COUNTY and
transferred by means of a Virtual Private Network (VPN) connection, or another type of secure
connection. Said data must be encrypted.
C. COUNTY-Owned Computer Equipment
CONTRACTOR(S), including its subcontractors and employees, may not use
COUNTY computers or computer peripherals on non-COUNTY premises without prior authorization
from the COUNTY’s Chief Information Officer, and/or designee(s).
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D. CONTRACTOR(S) may not store COUNTY’s private, confidential or sensitive
data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
E. CONTRACTOR(S) shall be responsible to employ strict controls to ensure the
integrity and security of COUNTY’s confidential information and to prevent unauthorized access,
viewing, use or disclosure of 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. CONTRACTOR(S) is responsible to immediately notify COUNTY of any
violations, 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.
H. COUNTY shall provide oversight to CONTRACTOR(S)’ response to all incidents
arising from a possible breach of security related to COUNTY’s confidential client information
provided to CONTRACTOR(S). CONTRACTOR(S) will be responsible to issue any notification to
affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion.
CONTRACTOR(S) will be responsible for all costs incurred as a result of providing the required
notification.
15. NON-DISCRIMINATION
During the performance of this Agreement, CONTRACTOR(S) shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military or veteran status, pursuant to all applicable State of California and
Federal statutes and regulations.
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16. CULTURAL COMPETENCY
As related to Cultural and Linguistic Competence, CONTRACTOR(S) shall comply with:
A. Title 6 of the Civil Rights Act of 1964 (42 U.S.C. section 2000d, and 45 C.F.R.
Part 80) and Executive Order 12250 of 1979 which prohibits recipients of federal financial assistance
from discriminating against persons based on race, color, national origin, sex, disability or religion.
This is interpreted to mean that a limited English proficient (LEP) individual is entitled to equal access
and participation in federally funded programs through the provision of comprehensive and quality
bilingual services.
B. Policies and procedures for ensuring access and appropriate use of trained
interpreters and material translation services for all LEP clients, including, but not limited to,
assessing the cultural and linguistic needs of its clients, training of staff on the policies and
procedures, and monitoring its language assistance program. The CONTRACTOR(S)’ procedures
must include ensuring compliance of any sub-contracted providers with these requirements.
C. CONTRACTOR(S) shall not use minors as interpreters.
D. CONTRACTOR(S) shall provide and pay for interpreting and translation services
to persons participating in CONTRACTOR(S)’ 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 by CONTRACTOR(S). Interpreter and translation services, including
translation of CONTRACTOR(S)’ “vital documents” (those documents that contain information that is
critical for accessing CONTRACTOR(S)’ services or are required by law) shall be provided to
participants at no cost to the participant. CONTRACTOR(S) shall ensure that any employees,
agents, subcontractors, 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.
E. In compliance with the State mandated Culturally and Linguistically Appropriate
Services standards as published by the Office of Minority Health, CONTRACTOR(S) must submit to
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COUNTY for approval, within sixty (60) days from date of contract execution, CONTRACTOR(S)’ plan
to address all fifteen national cultural competency standards as set forth in the “National Standards
on Culturally and Linguistically Appropriate Services (CLAS)”
http://minorityhealth.hhs.gov/assets/pdf/checked/finalreport.pdf. COUNTY’s annual on-site review of
CONTRACTOR(S) shall include collection of documentation to ensure all national standards are
implemented. As the national competency standards are updated, CONTRACTOR(S)’ plan must be
updated accordingly.
17. DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION
This provision is only applicable if CONTRACTOR(S) is a disclosing entity, fiscal agent,
or managed care entity as defined in Code of Federal Regulations (C.F.R.). Title 42, Section 455.101,
455.104, and 455.106(a)(1),(2).
In accordance with C.F.R. Title 42 Sections 445.101, 455.104, 455.105, and
455.106(a)(1)(2), the following information must be disclosed by CONTRACTOR(S) by completing
Exhibit D, “Disclosure of Ownership and Control Interest Statement”, attached hereto and by this
reference incorporated herein. CONTRACTOR(S) shall submit this form to the COUNTY’s DBH
within thirty (30) days of the effective date of this Agreement. Additionally, CONTRACTOR(S) shall
report any changes to this information within thirty-five (35) days of occurrence by completing Exhibit
D, “Disclosure of Ownership and Control Interest Statement. Submissions shall be scanned PDF
copies and are to be sent via email to DBHAdministration@fresnocountyca.gov, Attention: Mental
Health Contracted Services.
18. DISCLOSURE – CRIMINAL HISTORY AND CIVIL ACTIONS
CONTRACTOR(S) is required to disclose if any of the following conditions apply to them, their
owners, officers, corporate managers and partners (hereinafter collectively referred to as
“CONTRACTOR(S)”):
A. Within the three-year period preceding the Agreement award, they have been
convicted of, or had a civil judgment rendered against them for:
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1. Fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction
or contract under a public transaction;
2. Violation of a federal or state antitrust statute;
3. Embezzlement, theft, forgery, bribery, falsif ication, or destruction of
records; or
4. False statements or receipt of stolen property.
B. Within a three-year period preceding their Agreement award, they have had a
public transaction (federal, state, or local) terminated for cause or default.
Disclosure of the above information will not automatically eliminate
CONTRACTOR from further business consideration. The information will be considered as part of
the determination of whether to continue and/or renew the Contract and any additional information
or explanation that a CONTRACTOR elects to submit with the disclosed information will be
considered. If it is later determined that the CONTRACTOR failed to disclose required information,
any contract awarded to such CONTRACTOR may be immediately voided and terminated for
material failure to comply with the terms and conditions of the award.
CONTRACTOR must sign a “Certification Regarding Debarment, Suspension,
and Other Responsibility Matters- Primary Covered Transactions” in the form set forth in Exhibit E,
attached hereto and by this reference incorporated herein. Additionally, CONTRACTOR must
immediately advise the COUNTY in writing if, during the term of this Agreement: (1) CONTRACTOR
becomes suspended, debarred, excluded or ineligible for participation in federal or state funded
programs or from receiving federal funds as listed in the excluded parties’ list system
(http://www.sam.gov); or (2) any of the above listed conditions become applicable to CONTRACTOR.
CONTRACTOR shall indemnify, defend and hold the COUNTY harmless for any loss or damage
resulting from a conviction, debarment, exclusion, ineligibility or other matter listed in the signed
Certification Regarding Debarment, Suspension, and Other Responsibility Matters.
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19. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR
changes its status to operate as a corporation.
Members of the CONTRACTOR(S)’ Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR(S) is providing goods or performing
services under this agreement. A self-dealing transaction shall mean a transaction to which the
CONTRACTOR(S) is 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 (Exhibit F, attached
hereto and by this reference incorporated herein and made part of this Agreement) and submitting it
to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
20. SEVERABILITY
If any non-material term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
shall remain in full force and effect, and shall in no way be affected, impaired or invalidated.
21. 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.
22. AUDITS AND INSPECTIONS
CONTRACTOR(S) shall at any time during business hours, and as often as the
COUNTY may deem neccessary, make available to the COUNTY for examination all of its records
and data with respect to the matters covered by this Agreement. The CONTRACTOR(S) shall, upon
request by the COUNTY, permit the COUNTY to audit and inspect all such records and data
necessary to ensure CONTRACTOR(S)’ compliance with the terms of this Agreement.
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If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR(S) 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).
23. NOTICES
The persons having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY CONTRACTORS
Director, Fresno County
Department of SEE EXHIBIT A
Behavioral Health
3133 N. Millbrook Avenue
Fresno, CA 93703
Any and all notices between COUNTY and CONTRACTOR(S) 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.
24. 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.
25. ENTIRE AGREEMENT
This Agreement, including all Exhibits, COUNTY’s RFSQ No. 18-053 and
CONTRACTOR(S) Response(s) to COUNTY’s RFSQ No. 18-053 constitutes the entire agreement
between CONTRACTOR(S) 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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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written .
3
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5 CONTRACTORS:
6
7 PLEASE SEE ADDITIONAL
8 SIGNATURE PAGES ATTACHED
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2 s Fund/Subclass :
2 6 Organization :
2 7 Account/Program :
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0001/10000
56302007
7295/0
COUNTY OF FRESNO
Date I 8--'--/ -l ~
ATTEST:
Bernice E. Seidel ,
Clerk of the Board of Supervisors
County of Fresno , State of California
Date-~/ 2~--4~-_!?? ___ _
-27 -COUNTY OF FRES NO
Fresn o , CA
COUNTY OF FRESNO
Fresno, CA
- 33 -
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THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
PLEASE SEE ADDITIONAL
SIGNATURE PAGES ATTACHED
Exhibit A
LIST OF CONTRACTORS
CONTRACTOR NAME EXHIBIT
REFERENCE
1. All-N-One Services, LLC C-1
2. All’s Well, Inc. C-2
3. Axion Healthcare, LLC C-3
4. Cell Staff, LLC C-4
5. Diskriter, Inc. C-5
6. Intentionally Left Blank C-6
7. Infojini, Inc. C-7
8. Maxim Healthcare Services, Inc. C-8
9. Quality Placement Authority C-9
10. SHC Services, Inc. C-10
11. Spectrum Accountable Care Company C-11
12. Worldwide Travel Staffing, Ltd C-12
Exhibit A
Contact Information
1. All-N-One Service, LLC
Contact: E. Ann Guliex, President/CEO
12115 English Brook Circle
Humble, Texas 77346
(281) 812-3550 Phone
(281) 812-3553 Fax
annguliex@all-n1.com
2. All’s Well, Inc.
Contact: Carlton G. Bryant, Executive Vice President
16371 Beach Boulevard, Suite 240
Huntington Beach, California 92647
(866) 493-8343 Phone
(714) 596-7798 Fax
govsolutions@allswell.com
3. Axion Healthcare, LLC
Contact: Christine Swan, Vice President
350 Sentry Parkway Building 620, Suite 200
Blue Bell, Pennsylvania 19422
(610) 825-2487 Phone
(610) 771-4136 Fax
cswan@axionllc.com
4. Cell Staff, LLC
Contact: Grant Hargis, Director or Rami Isa, Owner
1715 N. Westshore Boulevard, Suite 410
Tampa, Florida 33607
(855) 561-1715 Phone
(813) 433-5159 Fax
Bids@cellstaff.com
5. Diskriter, Inc.
Contact: Laveena Yadav, Chief Executive Officer
2840 Library Road, Suite 300
Pittsburgh, Pennsylvania 15234
1 (800) 242-1622 Phone
(877) 815-6528 Fax
Laveena.Yadav@Diskriter.com
Exhibit A
6. Intentionally Left Blank
7. Infojini, Inc.
Contact: Sandeep Harjani, Director
10015 Old Columbia Road, Suite B215
Columbia, Maryland 21046
(443) 257-0086 Phone
(443) 283-4249 Fax
Statebids@infojiniconsulting.com
8. Maxim Healthcare Services, Inc.
Contact: Rigo Robles, Business Development Manager
6051 N. Fresno Street, Suite 102
Fresno, California 93710
(559) 224-0299 Phone
(800) 318-2074 Fax
rorobles@maxhealth.com
9. Quality Placement Authority
Contact: Curtis Murray, Senior Division Director
1485 Response Road, Suite 108
Sacramento, California 95815
(916) 924-0250 Phone
(916) 924-0255 Fax
cmurray@qpauthority.com
10. SHC Services, Inc.
Contact: Nadine Perez-Turrietta, Senior Market Manager
1640 W. Redstone Center Drive, Suite 200
Park City, Utah 84098
(866) 268-2411 or (559) 224-6350 Phone
(866) 958-2612 or (559) 261-2612 Fax
fresnooffice@shccares.com
11. Spectrum Accountable Care Company
Contact: Josh Parrott, Contracts Manager
930 S. 3rd Street, Suite 200
Las Vegas, Nevada 89101
(702) 728-3550 Phone
(702) 991-4343 Fax
Josh@spectrumacc.com
12. Worldwide Travel Staffing, Ltd
Contact: Leo R. Blatz, Chief Executive Officer
2829 Sheridan Drive
Exhibit A
Tonawanda, New York 14150
(866) 633-3700 Phone
(877) 375-2450 Fax
LBlatz@worldwidetravelstaffing.com
Exhibit B
SCOPE OF SERVICES
RECRUITMENT OF LMFT, LCSW, LPCC, LVN, RN, and NP -- RECRUITING
SERVICES
CONTRACTOR(S) are temporary staffing recruiting firms specializing in the
recruitment of the following classifications which will assist in providing services to
COUNTY’S DBH clients:
• Licensed Marriage and Family Therapist (LMFT)
• Licensed Clinical Social Worker (LCSW)
• Licensed Professional Clinical Counselor (LPCC)
• Licensed Vocational Nurse (LVN)
• Registered Nurse (RN)
• Nurse Practitioner (NP)
Upon request of COUNTY's DBH Director, or designee, CONTRACTOR(S) shall identify
and recruit qualified candidates who satisfy the criteria as established by the COUNTY
of Fresno.
COUNTY’s DBH shall arrange interviews with candidates, and advance timely offers
when appropriate.
Temporary Staffing Agency Requirements:
1. Ability to provide one or more of the identified staff classifications for a pre-
determined, temporary basis.
2. Refer qualified individuals that meet the specific criteria of their identified classification.
3. Ensure acknowledgment with candidates, that all candidates are independent
contractors, thus not employees of the County of Fresno, as stated in Section 6 of this
Agreement.
• Although not employees of the COUNTY, candidates are to abide by all COUNTY
rules and regulations upon commencing work duties with DBH.
4. Provide information regarding number of temporary staff available (by classification)
upon request from DBH.
• Since candidates will not be COUNTY employees, staff wages will be paid by the
CONTRACTOR(S), which will be reflected on invoices submitted by
CONTRACTOR(S) to DBH.
5. All Staff assigned to work with COUNTY’s DBH must be credentialed through DBH’s
Managed Care Division:
• Provide assistance to DBH during the required Managed Care credentialing
process.
• Assist the candidates in completing the credentialing packet to be submitted to
DBH for Managed Care processing.
• Remain available to be the liaison between DBH and candidates during the
credentialing process.
o If any edits need to be made to the credentialing packet, it is the
responsibility of the CONTRACTOR(S) to partner with candidates to update
the credentialing packet to be returned to DBH.
Exhibit B
6. Each candidate shall abide by all Health Insurance Portability and Accountability Act
(HIPAA), and all other confidentiality requirements, as set forth in Section 11 of the
Agreement.
7. Each candidate is to remain in compliance with all professional certifications, licenses,
and any credentials required as part of their respective job classification.
8. DBH has the authority to dismiss any candidate deemed incapable of performing duties
set forth within the specifications of their respective job classification.
9. It is acknowledged that staffing services are to be on a temporary basis. At the point
DBH no longer needs staffing services, DBH will notify the CONTRACTOR(S)
immediately that staff will no longer be needed to report moving forward.
CONTRACTOR(S) will be compensated by COUNTY for all staffing costs incurred to
the point of termination of the candidate.
Staff Qualifications:
Prior to providing candidates, CONTRACTOR(S) shall be required to present
credentials, screen all candidates, provide complete background checks, curriculum
vitae, and licensure of candidates to DBH.
CONTRACTOR(S) shall provide qualified candidates licensed to practice in the State of
California and specializing in adult and/or child counseling/nursing and who are not
debarred, excluded or suspended by any local, State, or Federal regulatory agency
from practicing or billing for services to Medi-Cal.
CONTRACTOR(s) shall provide qualified candidates immediately available and located
within the County of Fresno.
CONTRACTOR(S) must also be acceptable to COUNTY's DBH Director, or designee.
Once a candidate is chosen, COUNTY staff will notify the CONTRACTOR(S) of a start
date for the candidate.
All Staff selected to work with COUNTY’s DBH must abide by the “Guiding Principles of
Care Delivery” as shown in Exhibit G, attached hereto and incorporated herein by this
reference.
Exhibit C-1
SERVICES AND COMPENSATION
All-N-One Services will provide temporary medical staffing to the County of Fresno, Department
of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $85.00
Licensed Clinical Social Worker $88.50
Licensed Professional Clinical Counselor $82.50
Licensed Vocational Nurse $42.00
Registered Nurse $62.00
Nurse Practitioner $102.50
Exhibit C-2
SERVICES AND COMPENSATION
All’s Well, Inc. will provide temporary medical staffing to the County of Fresno, Department of
Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $66.00
Licensed Clinical Social Worker $68.00
Licensed Professional Clinical Counselor $68.00
Licensed Vocational Nurse $46.00
Registered Nurse $69.00
Nurse Practitioner $103.00
Exhibit C-3
SERVICES AND COMPENSATION
Axion Healthcare will provide temporary medical staffing to the County of Fresno, Department of
Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $65.60
Licensed Clinical Social Worker $64.00
Licensed Professional Clinical Counselor $49.23
Licensed Vocational Nurse $38.40
Registered Nurse $60.80
Nurse Practitioner $90.71
Exhibit C-4
SERVICES AND COMPENSATION
Cell Staff will provide temporary medical staffing to the County of Fresno, Department of
Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $85.00
Licensed Clinical Social Worker $85.00
Licensed Professional Clinical Counselor $85.00
Licensed Vocational Nurse $45.00
Registered Nurse $67.00
Nurse Practitioner $105.00
Exhibit C-5
SERVICES AND COMPENSATION
Diskriter, Inc. will provide temporary medical staffing to the County of Fresno, Department of
Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $66.30
Licensed Clinical Social Worker $72.76
Licensed Professional Clinical Counselor $41.99
Licensed Vocational Nurse $38.83
Registered Nurse $66.30
Nurse Practitioner $99.96
Exhibit C-6
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Exhibit C-7
SERVICES AND COMPENSATION
Infojini, Inc. will provide temporary medical staffing to the County of Fresno, Department of
Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $65.00
Licensed Clinical Social Worker $65.00
Licensed Professional Clinical Counselor $60.00
Licensed Vocational Nurse $38.00
Registered Nurse $60.00
Nurse Practitioner $80.00
Exhibit C-8
SERVICES AND COMPENSATION
Maxim Healthcare Services, Inc. will provide temporary medical staffing to the County of
Fresno, Department of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $90.00
Licensed Clinical Social Worker $90.00
Licensed Professional Clinical Counselor $90.00
Licensed Vocational Nurse $46.00
Registered Nurse $70.00
Nurse Practitioner $105.00
Exhibit C-9
SERVICES AND COMPENSATION
Quality Placement Authority will provide temporary medical staffing to the County of Fresno,
Department of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $77.00
Licensed Clinical Social Worker $77.00
Licensed Professional Clinical Counselor $77.00
Licensed Vocational Nurse $45.00
Registered Nurse $66.00
Nurse Practitioner $104.00
Exhibit C-10
SERVICES AND COMPENSATION
Supplemental Health Care Services, Inc. will provide temporary medical staffing to the County
of Fresno, Department of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $85.00
Licensed Clinical Social Worker $75.00
Licensed Professional Clinical Counselor $85.00
Licensed Vocational Nurse $46.00
Registered Nurse $68.00
Nurse Practitioner $120.00
Exhibit C-11
SERVICES AND COMPENSATION
Spectrum Accountable Care Company will provide temporary medical staffing to the County of
Fresno, Department of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $80.00
Licensed Clinical Social Worker $98.00
Licensed Professional Clinical Counselor $70.00
Licensed Vocational Nurse $51.00
Registered Nurse $71.00
Nurse Practitioner $110.00
Exhibit C-12
SERVICES AND COMPENSATION
Worldwide Travel Staffing, Limited will provide temporary medical staffing to the County of
Fresno, Department of Behavioral Health in accordance with the rates listed below.
Compensation: The hourly rate of pay is not to exceed the following for each position:
POSITION RATES
Licensed Marriage & Family Therapist $65.00
Licensed Clinical Social Worker $72.00
Licensed Professional Clinical Counselor $110.00
Licensed Vocational Nurse $55.00
Registered Nurse $75.00
Nurse Practitioner $145.00
Exhibit D
Page 1 of 2
DISCLOSURE OF OWNERSHIP AND CONTROL INTEREST STATEMENT
I. Identifying Information
Name of entity D/B/A
Address (number, street) City State ZIP code
CLIA number Taxpayer ID number (EIN) Telephone number
( )
II. Answer the following questions by checking “Yes” or “No.” If any of the questions are answered “Yes,” list names and
addresses of individuals or corporations under “Remarks” on page 2. Identify each item number to be continued.
A. Are there any individuals or organizations having a direct or indirect ownership or control interest
of five percent or more in the institution, organizations, or agency that have been convicted of a criminal
offense related to the involvement of such persons or organizations in any of the programs established
YES NO
by Titles XVIII, XIX, or XX? ......................................................................................................................... ❒ ❒
B. Are there any directors, officers, agents, or managing employees of the institution, agency, or
organization who have ever been convicted of a criminal offense related to their involvement in such
programs established by Titles XVIII, XIX, or XX? ...................................................................................... ❒ ❒
C. Are there any individuals currently employed by the institution, agency, or organization in a managerial,
accounting, auditing, or similar capacity who were employed by the institution’s, organization’s, or
agency’s fiscal intermediary or carrier within the previous 12 months? (Title XVIII providers only) ........... ❒ ❒
III. A. List names, addresses for individuals, or the EIN for organizations having direct or indirect ownership or a controlling
interest in the entity. (See instructions for definition of ownership and controlling interest.) List any additional names
and addresses under “Remarks” on page 2. If more than one individual is reported and any of these persons are
related to each other, this must be reported under “Remarks.”
NAME ADDRESS EIN
B. Type of entity: ❒ Sole proprietorship ❒ Partnership ❒ Corporation
❒ Unincorporated Associations ❒ Other (specify)
C. If the disclosing entity is a corporation, list names, addresses of the directors, and EINs for corporations
under “Remarks.”
D. Are any owners of the disclosing entity also owners of other Medicare/Medicaid facilities?
(Example: sole proprietor, partnership, or members of Board of Directors) If yes, list names, addresses
of individuals, and provider numbers. ..........................................................................................................
❒ ❒
NAME ADDRESS PROVIDER NUMBER
Exhibit D
Page 2 of 2
YES NO
IV. A. Has there been a change in ownership or control within the last year? ....................................................... ❒ ❒
If yes, give date.
B. Do you anticipate any change of ownership or control within the year?....................................................... ❒ ❒
If yes, when?
C. Do you anticipate filing for bankruptcy within the year?................................................................................ ❒ ❒
If yes, when?
V. Is the facility operated by a management company or leased in whole or part by another organization?.......... ❒ ❒
If yes, give date of change in operations.
VI. Has there been a change in Administrator, Director of Nursing, or Medical Director within the last year?......... ❒ ❒
VII. A. Is this facility chain affiliated? ...................................................................................................................... ❒ ❒
(If yes, list name, address of corporation, and EIN.)
Name EIN
Address (number, name) City State ZIP code
B. If the answer to question VII.A. is NO, was the facility ever affiliated with a chain?
(If yes, list name, address of corporation, and EIN.)
Name EIN
Address (number, name) City State ZIP code
Whoever knowingly and willfully makes or causes to be made a false statement or representation of this statement, may be
prosecuted under applicable federal or state laws. In addition, knowingly and willfully failing to fully and accurately disclose the
information requested may result in denial of a request to participate or where the entity already participates, a termination of
its agreement or contract with the agency, as appropriate.
Name of authorized representative (typed) Title
Signature Date
Remarks
Exhibit E
1 of 2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a certification or an explanation
shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for
cause or default.
4. The prospective primary participant shall provide immediate written notice to
the department or agency to which this proposal is submitted if at any time the
prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may contact the
department or agency to which this proposal is being submitted for assistance in
obtaining a copy of those regulations.
6. Nothing contained in the foregoing shall be construed to require establishment
of a system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Exhibit E
2 of 2
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it, its owners, officers, corporate managers and partners:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) (d) Have not within a three-year period preceding this application/proposal
had one or more public transactions (Federal, State or local) terminated for cause or
default.
(2) Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
Signature: Date:
(Printed Name & Title) (Name of Agency or
Company)
Exhibit F
Page 1 of 2
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 (hereinafter referred to as “County Contractor”),
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 directors 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 F
Page 2 of 2
(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 G
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
1
rev 2017 Dec
DBH VISION:
Health and well-being for our community.
DBH MISSION:
The Department of Behavioral Health is dedicated to supporting the wellness of individuals,
families and communities in Fresno County who are affected by, or are at risk of, mental illness
and/or substance use disorders through cultivation of strengths toward promoting recovery in
the least restrictive environment.
DBH GOALS:
Quadruple Aim
•Deliver quality care
•Maximize resources while focusing on efficiency
•Provide an excellent care experience
•Promote workforce well-being
GUIDING PRINCIPLES OF CARE DELIVERY:
The DBH 11 principles of care delivery define and guide a system that strives for excellence in the
provision of behavioral health services where the values of wellness, resiliency, and recovery are
central to the development of programs, services, and workforce. The principles provide the
clinical framework that influences decision-making on all aspects of care delivery including
program design and implementation, service delivery, training of the workforce, allocation of
resources, and measurement of outcomes.
1.Principle One - Timely Access & Integrated Services
o Individuals and families are connected with services in a manner that is streamlined,
effective, and seamless
o Collaborative care coordination occurs across agencies, plans for care are integrated,
and whole person care considers all life domains such as health, education,
employment, housing, and spirituality
o Barriers to access and treatment are identified and addressed
o Excellent customer service ensures individuals and families are transitioned from one
point of care to another without disruption of care
Exhibit G
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
2
rev 2017 Dec
2.Principle Two - Strengths-based
o Positive change occurs within the context of genuine trusting relationships
o Individuals, families, and communities are resourceful and resilient in the way they
solve problems
o Hope and optimism is created through identification of, and focus on, the unique
abilities of individuals and families
3.Principle Three - Person-driven and Family-driven
o Self-determination and self-direction are the foundations for recovery
o Individuals and families optimize their autonomy and independence by leading the
process, including the identification of strengths, needs, and preferences
o Providers contribute clinical expertise, provide options, and support individuals and
families in informed decision making, developing goals and objectives, and identifying
pathways to recovery
o Individuals and families partner with their provider in determining the services and
supports that would be most effective and helpful and they exercise choice in the
services and supports they receive
4.Principle Four - Inclusive of Natural Supports
o The person served identifies and defines family and other natural supports to be
included in care
o Individuals and families speak for themselves
o Natural support systems are vital to successful recovery and the maintaining of
ongoing wellness; these supports include personal associations and relationships
typically developed in the community that enhance a person’s quality of life
o Providers assist individuals and families in developing and utilizing natural supports.
5.Principle Five - Clinical Significance and Evidence Based Practices (EBP)
o Services are effective, resulting in a noticeable change in daily life that is measurable.
o Clinical practice is informed by best available research evidence, best clinical
expertise, and client values and preferences
o Other clinically significant interventions such as innovative, promising, and emerging
practices are embraced
Exhibit G
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
3
rev 2017 Dec
6.Principle Six - Culturally Responsive
o Values, traditions, and beliefs specific to an individual’s or family’s culture(s) are
valued and referenced in the path of wellness, resilience, and recovery
o Services are culturally grounded, congruent, and personalized to reflect the unique
cultural experience of each individual and family
o Providers exhibit the highest level of cultural humility and sensitivity to the self-
identified culture(s) of the person or family served in striving to achieve the greatest
competency in care delivery
7.Principle Seven - Trauma-informed and Trauma-responsive
o The widespread impacts of all types of trauma are recognized and the various
potential paths for recovery from trauma are understood
o Signs and symptoms of trauma in individuals, families, staff, and others are recognized
and persons receive trauma-informed responses
o Physical, psychological and emotional safety for individuals, families, and providers is
emphasized
8.Principle Eight - Co-occurring Capable
o Services are reflective of whole-person care; providers understand the influence of
bio-psycho-social factors and the interactions between physical health, mental health,
and substance use disorders
o Treatment of substance use disorders and mental health disorders are integrated; a
provider or team may deliver treatment for mental health and substance use
disorders at the same time
9.Principle Nine - Stages of Change, Motivation, and Harm Reduction
o Interventions are motivation-based and adapted to the client’s stage of change
o Progression though stages of change are supported through positive working
relationships and alliances that are motivating
o Providers support individuals and families to develop strategies aimed at reducing
negative outcomes of substance misuse though a harm reduction approach
Exhibit G
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
4
rev 2017 Dec
o Each individual defines their own recovery and recovers at their own pace when
provided with sufficient time and support
10.Principle Ten - Continuous Quality Improvement and Outcomes-Driven
o Individual and program outcomes are collected and evaluated for quality and efficacy
o Strategies are implemented to achieve a system of continuous quality improvement
and improved performance outcomes
o Providers participate in ongoing professional development activities needed for
proficiency in practice and implementation of treatment models
11.Principle Eleven - Health and Wellness Promotion, Illness and Harm Prevention, and Stigma
Reduction
o The rights of all people are respected
o Behavioral health is recognized as integral to individual and community well-being
o Promotion of health and wellness is interwoven throughout all aspects of DBH services
o Specific strategies to prevent illness and harm are implemented at the individual,
family, program, and community levels
o Stigma is actively reduced by promoting awareness, accountability, and positive
change in attitudes, beliefs, practices, and policies within all systems
o The vision of health and well-being for our community is continually addressed
through collaborations between providers, individuals, families, and community
members