HomeMy WebLinkAboutAgreement A-25-276 BHBH Access Agreement.pdf Agreement No. 25-276
ACCESS AGREEMENT
STATEMENT OF INTENT
The purpose of this Access Agreement (this "Agreement") is to provide the State
of California ("State") Department of Health Care Services ("DHCS"), a political
subdivision of the State, and any of their authorized representatives with access
to the Property (as defined, infra) pursuant to that certain Underlying Agreement
(as defined, infra) by and between Advocates for Human Potential, Inc., a
Massachusetts corporation ("AHP" as "Contractor") acting as DHCS' program
administrator for the BHBH Program (as defined, infra), and, County of Fresno,
a political subdivision of the State ("Subcontractor"), with respect to those certain
properties in the County of Fresno, as set forth on "Attachment A" attached hereto
and made a part hereof, herein referred to collectively as, the "Property."
THE BHBH PROGRAM
Subcontractor has received funding through the Behavioral Health Bridge
Housing ("BHBH") Program (the "BHBH Program" or "Program"). The parties
to this agreement are DHCS and County of Fresno (individually, the
"Subcontractor" and together with DHCS, the "Parties"). The Subcontractor
agrees to the following terms as an expressed condition of entering into that certain
Subcontract Agreement, including any Attachments and Exhibits thereto with AHP
(the "Underlying Agreement"), and further agrees with DHCS as an expressed
condition of the execution of this Agreement, to provide access and certain
information and documents to DHCS, or their authorized representatives as
outlined in this Agreement.
ACCESS AND INFORMATION
The Subcontractor agrees to provide both: (1) access; and (2) the information
outlined in this Agreement to enable DHCS, or its authorized representatives to
confirm Subcontractor's compliance with BHBH Program requirements and
restrictions, as well as applicable federal and State regulations. The Parties enter
into this Agreement as a condition of receipt of BHBH Program funds and will
comply with this Agreement for the period of the Access Term, defined in Section
2 of this Agreement.
1. BACKGROUND
DHCS oversees the BHBH Program and awards funds via competitive processes
to qualified entities to provide bridge housing for individuals experiencing
homelessness and serious behavioral health conditions in the State.
DHCS awarded the Subcontractor BHBH Program funds to acquire, expand, or
construct certain improvements (the "Subcontractor's Project") on the Property
and to operate the specific type of behavioral health facilities (the "Facility")
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identified in Subcontractor's BHBH Program application on the Property and within
the Facility following the completion of the Subcontractor's Project.
This Agreement between the Parties provides additional obligations and
commitments to the Subcontractor and DHCS as a condition of receiving all funds
under the Underlying Agreement and in order to comply with the requirements of
the statutes, regulations and requirements governing the BHBH Program.
2. APPLICABILITY OF BHBH PROGRAM AND AGREEMENT
It is the intent of the Parties, and any subsequent owner(s) of the Property to
continue to be bound by the requirements of the BHBH Program statutes and
regulations, and this Agreement, from the date the Subcontractor executes the
Underlying Agreement with AHP to June 30, 2027 ("Access Term").
3. OBLIGATIONS TO DHCS
For a minimum of the Access Term, the Subcontractor will:
A. Ensure that the Facility operates in compliance with the Agreement
requirements;
B. Provide bridge housing for individuals experiencing homelessness and
serious behavioral health conditions;
C. Maintain all books, accounting records, client records, and documents in
accordance with the requirements set forth in this Agreement;
D. Provide DHCS, and their authorized representatives access to the Property,
the Facility, books, accounting records, client records, and documents in
accordance with the requirements set forth in this Agreement; and
E. Require, as a condition of sale, that any subsequent owner(s) of the
Property comply with the terms of this Agreement, if the Subcontractor
transfers ownership of the Facility at any time during the Access Term.
4. SERVICE LOCATION
The services will be performed only at the Property identified in Attachment A.
5. SERVICE HOURS
The services will be provided during normal working hours and days unless
otherwise identified in the Statement of Work attached to the Underlying
Agreement.
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6. PROJECT REPRESENTATIVES
A. The project representatives during the term of this Agreement will be:
Department of Health Care Services COUNTY OF FRESNO
Name: Susan Holt
Contract/Grant Manager:
Ilana Rub, Behavioral Health Bridge Title: Director of Behavioral Health,
Housing Section Chief, Community Fresno County Department of
Services Division Behavioral Health
Telephone: 915-552-9690 Telephone: 559-600-9058
Email: Ilana.Rub(a)dhcs.ca.gov Email: sholt@fresnocountyca.gov
B. Direct all inquiries to:
Department of Health Care Services COUNTY OF FRESNO
State of California Attention: Rita Mehia
Department of Health Care Services
Attention: Behavioral Health Expansion Telephone: 559-600-6688
Branch, Community Services Division
1501 Capitol Avenue, MS 2633 Email: rmehia@fresnocountyca.gov
Sacramento, CA 95814
Telephone: 916-552-9690
Email: Ilana.RubCa)_dhcs.ca.gov
C. The Parties may make changes to the information above by giving written
notice to the other. Said changes will not require an amendment to this
Agreement. Any changes to the above must be communicated in writing to
DHCS and Subcontractor, as applicable, within three (3) business days.
With copy to:
1925 East Dakota Avenue, Fresno, California 93726, United States
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7. SERVICES TO BE PERFORMED
A. Operation of the Bridge Housing:
For a minimum of the Access Term, the Subcontractor will comply with the
following requirements:
1. Operate the Facility or housing unit(s) in accordance with all
applicable requirements in this Agreement; and
2. Operate the Bridge Housing identified in the BHBH Program Plan, as
defined in the Underlying Agreement and approved by DHCS, and
serve the populations identified in Subcontractor's BHBH Program
Plan, approved by DHCS, unless otherwise approved by DHCS in
the manner described in Section 7.B., below.
B. Change in Facility Use
If the Subcontractor wants to change the type of Bridge Housing that is
operated on the Property to something other than what was approved in the
BHBH Program Plan, or to change or expand populations to be served by
the Facility, the Subcontractor will submit a written request to DHCS, prior
to making such a change.
DHCS has absolute discretion to permit or deny the request and may
require the Subcontractor to provide additional information to evaluate the
Subcontractor's request.
C. Record Retention
1. The Subcontractor will maintain books, accounting records, client
records, and other documents in a manner sufficient to properly
reflect all direct and indirect costs of operating the Property during
the Access Term, including any matching costs and expenses. The
foregoing constitutes "records" for the purpose of this provision.
2. The Subcontractor records and the Property's and Facility's records
will be subject at all reasonable times to inspection, audit, and
reproduction by authorized representatives of the State, including
DHCS, or its authorized representatives.
3. The Subcontractor agrees that departments authorized to represent
the State (including DHCS, the Department of Finance or its
authorized representatives, and the Bureau of State Audits or their
designated representatives) have the right to review and to copy any
records and supporting documentation pertaining to the performance
of this Agreement. The Subcontractor agrees to allow these
representatives access to such records during normal business
hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, the
Subcontractor agrees to include a similar right of the State and
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DHCS to audit records and interview staff in any lower tier
subcontract related to the performance of this Agreement. (Cal. Gov.
Code § 8546.7, 2 CCR §1896.77.)
4. The Subcontractor will preserve and make available their records (1)
for a period of five (5) years from the expiration of this Agreement, or
(2) for such longer period, if any, as is required by applicable statute,
or by any other provision of this Agreement. If any litigation, claim,
negotiation, audit, or other action involving the records has been
started before the expiration of the 5-year period, the records will be
retained until completion of the action and resolution of all issues
which arise from it, or until the end of the regular 5-year period,
whichever is later.
D. The Subcontractor may, at their discretion, following the expiration of this
Agreement, reduce its accounts, books, and records related to this
Agreement to microfilm, computer disk, CD ROM, DVD, or other data
storage medium. Upon request by DHCS or an authorized DHCS
representative to inspect, audit, or obtain copies of said records, the
Subcontractor will supply or make available applicable devices, hardware,
and/or software necessary to view, copy, and/or print said records.
Applicable devices may include, but are not limited to, microfilm readers and
microfilm printers, etc.
E. DHCS Monitoring
DHCS, or its authorized representatives, have the right at all reasonable
times to inspect the Property and the Facility. If DHCS exercises this right
to inspect, the Subcontractor will provide access to the Property and the
Facility and will provide reasonable assistance for the safety and
convenience of DHCS or their authorized representatives in the
performance of their duties. All inspections and evaluations will be
performed in such a manner as will not unduly delay the work or operations
of the Subcontractor.
F. Assignment of this Agreement Following the Transfer of Ownership of the
Facility
If at any time during the Access Term, the Subcontractor sells, gifts, or
otherwise transfers ownership of the Property, in whole or in part, the
Subcontractor will ensure that, as a condition of the ownership transfer, the
subsequent owner(s) of the Property complies with the terms of this
Agreement.
Prior to finalizing any transfer of ownership of the Property, the
Subcontractor will request that DHCS approve a formal amendment to this
Agreement to assign the Subcontractor's obligations under this Agreement
to the subsequent owner(s) of the Property.
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This Agreement is not assignable by the Subcontractor, either in whole or
in part, without the express written consent of DHCS that may be withheld
in their sole discretion.
G. Remedies
If the Subcontractor violates any of the terms of this Agreement, DHCS or
another department authorized to represent the State may impose a
corrective action plan and/or take any of the following enforcement actions:
1. Direct AHP to temporarily withhold any payments pending correction
of the deficiency;
2. Disallow all or part of the cost of the activity or action not in
compliance;
3. Direct AHP to wholly or partly suspend or terminate the BHBH
Program award;
4. Withhold or deny further BHBH Program awards to the
Subcontractor;
5. Require the Subcontractor to forfeit and return all or part of the BHBH
Program funds, including any interest thereon;
6. Require the Subcontractor to forfeit and return all unused BHBH
Program funds, including any interest thereon and/or
7. Terminate the Underlying Agreement.
DHCS (or another department authorized to represent the State) may
specify the timeframes and deadlines for the Subcontractor's compliance
with the above remedies. All remedies required by DHCS will be final and
are not subject to administrative review.
DHCS (or another department authorized to represent the State) may take
any other permissible remedies available in law and equity to enforce the
terms of this Agreement.
8. AMERICANS WITH DISABILITIES ACT
The Parties agree to ensure that the deliverables developed and produced
pursuant to this Agreement will comply with the accessibility requirements of
Sections 7405 and 11135 of the California Government Code, Section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), regulations
implementing the Rehabilitation Act of 1973 as set forth in Part 1194 of Title 36 of
the Code of Federal Regulations, and the Americans with Disabilities Act of 1990
(42 U.S.C. § 12101 et seq.), as amended. In 1998, Congress amended the
Rehabilitation Act of 1973 to require Federal agencies to make their electronic and
information technology ("EIT") accessible to people with disabilities. California
Government Code Sections 7405 and 11135 codifies Section 508 of the
Rehabilitation Act of 1973 requiring accessibility of EIT.
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9. AGREEMENT EXECUTION
This Access Agreement will be signed by a representative of the
Subcontractor, who by signing warrants that he/she has the requisite
authority to enter into this Agreement. This Agreement will be effective as of
the date that the complete document is signed by both Parties, or the date
that the Underlying Agreement goes into effect, whichever date is later.
State of California, Department of Health Care Services
[Rest of page intentionally left blank. Signature page to follow on next page]
ACCESS AGREEMENT
Department of Health Care Services
D( HCS)
DHCS Representative Signature
Ilana Rub
Assistant Division Chief
Date:
County of Fresno
Subcontractor's Author ed
Representative's Signature
Name: Ernest Buddy Mendes
Title: Chairman of the Board of
Supervisors of the County of Fresno
Date:
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _ .
Deputy
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Attachment A
Attachment A shall include, and incorporate into this Agreement, the address(es) set
forth below, together with additional property addresses as may be added/amended
from time to time, into the approved **Program Plan** of record for Subcontractor.
This Attachment A shall effectively be considered updated as and when updates to
Subcontractor's Program Plan are approved by DHCS. Accordingly, approved changes
to the **Program Plan** shall not require a formal Amendment or Modification to this
Agreement.
As of August 27, 2024, the **Program Plan** reads as follows:
Project Property Setting Type Number of Number of Anticipated
Name Address Units Beds opening date
Sierra Sierra Sunrise - Emergency 47 units, 7 are 60 Opened
Sunrise 949 N. Parkway Shelter admin space 12/1/23
Drive Fresno, CA
93728
Phoenix 4141 N. Emergency 100 units, 20 120 End of
Landing Blackstone Ave Shelter will be admin February-TBD
Fresno, CA space
93726
ACCESS AGREEMENT