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HomeMy WebLinkAbout32079AGREEMENT NO. 15-153 AGREEMENT 1 2 THIS AGREEMENT is made and entered into this 21st day of _ ____,_A.!I"p"-'ri_,_l __ , 2015, by 3 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter 4 referred to as "COUNTY", and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO, 5 whose address is 1100 Van Ness, Fresno, California 93721, hereinafter referred to as "COURT". 6 WITNESSETH: 7 WHEREAS, COURT has adult and juvenile Behavioral Health Courts (BHC) to provide 8 treatment and rehabilitation to persons whose mental illness contributes to their non-violent criminal 9 behavior; and, 10 WHEREAS, the goal of the BHC is to reduce the length of confinement for offenders with a 11 serious mental illness, improve their mental health and well-being, and reintegrate them into their 12 communities; and, 13 WHEREAS, COURT has post-conviction and deferred entry of judgment drug courts (Drug 14 Courts) to provide intensive supervision and substance abuse treatment, and community-based drug 15 education and support along with frequent reviews with the COURT; and, 16 WHEREAS, more than 70 percent of drug court participants have co-occurring mental health 17 issues and evidence-based practices indicate a model of care that integrates treatment and services that 18 address both the substance abuse and mental health issues; and, 19 WHEREAS, the BHC and Drug Courts strive to create effective working relationships between 20 the treatment and criminal justice systems to increase access to treatment services, relieve jail over- 21 crowding, reduce recidivism and improve public safety; and, 22 WHEREAS, COURT is in need of mental health and substance abuse treatment and supportive 23 services, case management, care coordination, data gathering, and outcome evaluation for the BHC and 24 the Drug Courts; and, 25 WHEREAS, COUNTY has funding to secure contractors to provide these services; and, 26 WHEREAS, COURT can provide daily direction and a work space adjacent to the BHC to 27 maximize contractors' productivity. 28 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties -1 -COUN1Y OF FRESNO Fresno,CA 1 hereto agree as follows: 2 3 1. SERVICES A. The COURT shall contract with qualified individuals to provide mental health 4 treatment services care coordination, data gathering and program development to support the BHC 5 Guvenile/adult); and case management, substance abuse treatment services care coordination and data 6 gathering to support the Drug Courts in accordance with the descriptions outlined in Exhibit A, 7 attached hereto and by this reference incorporated herein. These individuals will work at the main or 8 juvenile courthouses between the hours of8 a.m. and 5 p.m., Monday through Friday, except COURT 9 holidays and other closure days. 10 B. The COURT shall ensure that its contractors understand the confidentiality ofthe 11 information shared by the participants in the BHC and Drug Courts and that its contractors execute and 12 comply with the Fresno County Confidentiality Requirements Acknowledgement and Agreement, 13 attached hereto as Exhibit B. 14 c. COUNTY's DBH shall use its best efforts to keep COURT informed of the 15 provisions of any laws and regulations related to the provision of BHC and Drug Court services and the 16 adjudication of such persons to ensure that COURT is in compliance with these requirements. 17 2. TERM 18 This Agreement shall become effective on July 1, 2015 and shall terminate on June 30, 19 2016. 20 This Agreement, subject to State funding each year, shall automatically be extended for 21 two (2) additional twelve (12) month periods upon the same terms and conditions herein set forth, 22 unless written notice of non-renewal is given by either COURT or COUNTY or COUNTY's DBH 23 Director, or designee, no later than thirty (30) days prior to the close of the current Agreement term. 24 25 3. TERMINATION A. Non-Allocation of Funds-The terms ofthis Agreement, and the services to be 26 provided thereunder, are contingent on the approval of funds by the appropriating government agency. 27 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement 28 terminated at any time by DBH providing COURT thirty (30) days advance written notice. - 2 -COUNTY OF FRESNO Fresno, CA 1 2 3 4 5 B. Breach of Contract -COUNTY may immediately suspend or terminate this Agreement in whole or in part, wherein the determination of the 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 the COUNTY; and 6 4) Improperly performed service. 7 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any 8 breach of this Agreement or any default which may then exist on the part of the COURT. Neither shall 9 such payment impair or prejudice any remedy available to COUNTY with respect to the breach or 10 default. The COUNTY shall have the right to demand ofthe COURT the repayment to the COUNTY 11 of any funds disbursed to the COURT under this Agreement, which in the judgment of COUNTY were 12 not expended in accordance with the terms ofthis Agreement. COURT shall promptly refund any 13 funds upon demand or, at COUNTY's option such repayment shall be deducted from future payments 14 owing to COURT under this Agreement. 15 C. Without Cause -Under circumstances other than those set forth above, this 16 Agreement may be terminated by COUNTY or COUNTY's DBH Director or designee upon the giving 17 of thirty (30) days advance written notice of an intention to terminate to COURT. 18 4. COMPENSATION 19 COUNTY shall reimburse COURT the actual amount COURT pays COURT's 20 contractor to provide services for the BHC and Drug Courts. Reimbursement is available only for 21 activities delivered as required under this Agreement. 22 The maximum amount payable by COUNTY to COURT under this Agreement for the 23 initial term, (July 1, 2015 through June 30, 2016), shall not exceed Seventy Thousand and No/100 24 Dollars ($70,000.00). The maximum amount payable by COUNTY to COURT for the first period of 25 automatic renewal, (July 1, 2016 through June 30, 2017), shall not exceed Seventy Thousand and 26 Noll 00 Dollars ($70,000.00) and for the second period of automatic renewal (July 1, 2017 through 27 June 30, 2018), shall not exceed Seventy Thousand and No/100 Dollars ($70,000.00). 28 If COURT should fail to comply with any provision of this Agreement, COUNTY shall - 3 -COUN1Y OF FRESNO Fresno, CA 1 be relieved of its obligation for further compensation. 2 3 5. INVOICING A. COURT shall invoice COUNTY's DBH by the fifteenth (15 1h) day of each 4 month for the prior month's expenditures, electronically or via post office mail, addressed to the Fresno 5 County Department ofBehavioral Health, 3133 N. Millbrook Avenue, Fresno, CA 93703, Attention: 6 Mental Health Contracted Services-Staff Analyst, or electronically via email to the COUNTY's DBH 7 Administrative unit at DBHinvoices@co.fresno.ca.us. Said invoices shall include applicable 8 supporting documentation in detail such as dates of services, hours, and amount (s) invoiced for the 9 month. Invoices shall be subject to County, State of California, and Federal audits. Invoices to be 10 received and reviewed by Mental Health Contracted Services, Staff Analyst. 11 B. No reimbursement for actual services rendered under this Agreement shall be 12 made until said invoices, as identified above, are received and reviewed by COUNTY's DBH. 13 COUNTY agrees to reimburse COURT in arrears, within forty-five (45) days after receipt and 14 verification of COURT's monthly invoices by COUNTY's DBH. If monthly invoices or activity 15 reports are incorrect or are otherwise not in proper form or substance, COUNTY shall have the right to 16 withhold payment as to only that portion of the monthly invoice or activity report that is incorrect or 17 improper. 18 6. MODIFICATION 19 Any matters of this Agreement may be modified from time to time by the written 20 consent of all the parties without, in any way, affecting the remainder. 21 7. NON-ASSIGNMENT 22 Neither party shall assign, transfer or subcontract this Agreement nor their rights or 23 duties under this Agreement without the prior written consent of the other party. 24 8. HOLD HARMLESS 25 COURT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend 26 the COUNTY, its officers, agents, and employees from any and all costs and expenses, including court 27 costs and attorney fees, damages, liabilities, claims, and losses occurring or resulting to COUNTY in 28 connection with the performance, or failure to perform, by COURT, its officers, agents, contractors - 4 -COUN1Y OF FRESNO Fresno, CA 1 and employees under this Agreement, and from any and all costs and expenses, including court costs 2 and attorney fees, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or 3 corporation who may be injured or damaged by the performance, or failure to perform, of COURT, 4 its officers, agents, contractors or employees under this Agreement. In addition, COURT agrees to 5 indemnifY COUNTY for Federal, State of California and/or local audit exceptions resulting from non- 6 compliance herein on the part of COURT. COURT shall ensure any subcontract[s] awarded via this 7 Agreement have limits and levels ofliability protection equal to that required by COUNTY or COURT. 8 COUNTY agrees to indemnifY, save, hold harmless, and at COURT's request, defend 9 COURT, its officers, agents and employees from any and all costs and expenses, damages, liabilities, 10 claims and losses occurring or resulting to COURT in connection with the performance, or failure to 11 perform, by COUNTY, its officers, agents and employees under this Agreement, and from any and all 12 costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or 13 corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY, 14 its officers, agents or employees under this Agreement. In addition, COUNTY agrees to indemnifY 15 COURT for Federal, State of California and/or local audit exceptions resulting from non-compliance 16 herein on the part of COUNTY. 17 9. INSURANCE 18 COURT shall maintain applicable self-insurance coverage while providing services for 19 COUNTY under the terms and conditions of this Agreement. The self-insurance programs do not limit 20 COURT's liability as a contractor of services with COUNTY or limit COUNTY's right to seek 21 indemnification from COURT for liability arising from its performance in accordance to the terms and 22 conditions of this Agreement. 23 A. Commercial General Liability 24 COURT is self-insured through the Judicial Council of California. There are no 25 per-occurrence or annual aggregate limits. 26 B. Automobile Liability 27 The State of California Office of Risk and Insurance Management administers 28 the State of California Motor Vehicle Self-Insurance Account that provides automobile public liability -5 -COUNTY OF FRESNO Fresno, CA 1 and property damage insurance coverage to COURT employees who drive a State-owned or leased 2 motor vehicle on COURT business. There are no per-occurrence or annual aggregate limits. 3 Insurance coverage for private vehicles used by COURT employees within the 4 course and scope of employment at the statutory minimums required by law shall be maintained by 5 COURT employee performing services under this Agreement. Excess liability coverage is provided 6 through a program of self-insurance by the Judicial Council of California. There are no per-occurrence 7 or annual aggregate limits. 8 c. Professional Liability 9 COURT is self-insured through the Judicial Council of California. There are no 10 per-occurrence or annual aggregate limits. 11 D. Worker's Compensation 12 COURT is self-insured through the Judicial Council of California. In the event 13 COURT fails to keep in effect at all times insurance coverage as herein provided, COUNTY may, in 14 addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of 15 such an event. 16 All policies shall be through a program of self-insurance that is acceptable to the 17 Risk Manager of the County of Fresno. COURT hereby represents that it maintains and shall maintain 18 during the term of this Agreement, self -insurance for commercial general liability and automobile 19 liability exposures through the Judicial Council of California. COURT shall provide a certificate of 20 insurance or other documentation identifying the types and level of coverage to the County of Fresno, 21 Department ofBehavioral Health, Mental Health Contracted Services, 3133 N. Millbrook Ave., Fresno, 22 California, 93703, Attention: Mental Health Contracted Services Staff Analyst. 23 10. NON-DISCRIMINATION 24 During the performance of this Agreement, COURT and its contractor shall not 25 unlawfully discriminate against any employee or applicant for employment, or recipient of services, 26 because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital 27 status, age or sex, pursuant to all applicable State and Federal statutes and regulations. 28 Ill - 6 -COUNlY OF FRESNO Fresno, CA 1 11. CONFIDENTIALITY 2 All services performed by COURT and its contractor under this Agreement shall be in 3 strict conformance with all applicable Federal, State of California and/or local laws and regulations 4 relating to confidentiality. 5 12. MONITORING 6 COURT agrees to extend to COUNTY's staff, COUNTY's DBH Director and the State 7 Department of Mental Health, or their designees, the right to review and monitor records, program or 8 procedures, at any time, in regard to clients, as well as the overall operation of COURT's program, in 9 order to ensure compliance with the terms and conditions of this Agreement. 10 13. REFERENCES TO LAWS AND RULES 11 In the event any law, regulation, or policy referred to in this Agreement is amended 12 during the term thereof, the parties hereto agree to comply with the amended provision as of the 13 effective date of such amendment. 14 14. COMPLIANCE WITH STATE REQUIREMENTS 15 COURT recognizes that COUNTY operates its mental health programs under an 16 agreement with the State of California Department of Mental Health, and that under said agreement the 17 State imposes certain requirements on COUNTY and its subcontractors. COURT shall adhere to all 18 State Requirements, including those identified in Exhibit C "State Mental Health Requirements", 19 attached hereto and by this reference incorporated herein. 20 15. DATA SECURITY 21 For the purpose of preventing the potential loss, misappropriation or inadvertent access, 22 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse 23 of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that 24 enter into a contractual relationship with the COUNTY for the purpose of providing services under this 25 Agreement must employ adequate data security measures to protect the confidential information 26 provided to COURT by the COUNTY, including but not limited to the following: 27 Ill 28 A. COURT-Owned Mobile, Wireless, or Handheld Devices - 7 -COUNTY OF FRESNO Fresno, C:A COURT may not connect to COUNTY networks via personally-owned mobile, 2 wireless or handheld devices, unless the following conditions are met: 3 4 purposes; 5 6 7 8 B. 1) 2) 3) 4) COURT has received authorization by COUNTY for telecommuting Current virus protection software is in place; Mobile device has the remote wipe feature enabled; and A secure connection is used. COURT-Owned Computers or Computer Peripherals 9 COURT may not bring COURT-owned computers or computer peripherals into 10 the COUNTY for use without prior authorization from the COUNTY's Chief Information Officer, 11 and/or designee(s), including but not limited to mobile storage devices. If data is approved to be 12 transferred, data must be stored on a secure server approved by the COUNTY and transferred by means 13 of a Virtual Private Network (VPN) connection, or another type of secure connection. Said data must 14 be encrypted. 15 c. COUNTY-Owned Computer Equipment 16 COURT may not use COUNTY computers or computer peripherals on non- 17 COUNTY premises without prior authorization from the COUNTY's Chieflnformation Officer, and/or 18 designee(s). 19 D. COURT may not store COUNTY's private, confidential or sensitive data on any 20 hard-disk drive, portable storage device, or remote storage installation unless encrypted. 21 E. COURT shall be responsible to employ strict controls to ensure the integrity and 22 security of COUNTY's confidential information and to prevent unauthorized access, viewing, use or 23 disclosure of data maintained in computer files, program documentation, data processing systems, data 24 files and data processing equipment which stores or processes COUNTY data internally and externally. 25 F. Confidential client information transmitted to one party by the other by means of 26 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 27 BIT or higher. Additionally, a password or pass phrase must be utilized. 28 G. COURT is responsible to immediately notify COUNTY of any violations, - 8 -COUNTY OF FRESNO Fresno, CA 1 breaches or potential breaches of security related to COUNTY's confidential information, data 2 maintained in computer files, program documentation, data processing systems, data files and data 3 processing equipment which stores or processes COUNTY data internally or externally. 4 H. COUNTY shall provide oversight to COURT's response to all incidents arising 5 from a possible breach of security related to COUNTY's confidential client information provided to 6 COURT. COURT will be responsible to issue any notification to affected individuals as required by 7 law or as deemed necessary by COUNTY in its sole discretion. COURT will be responsible for all 8 costs incurred as a result of providing the required notification. 9 16. AUDITS AND INSPECTIONS 10 COURT shall at any time during business hours, and as often as COUNTY may deem 11 necessary, make available to COUNTY for examination all of its records and data with respect to the 12 matters covered by this Agreement. COURT shall, upon request by COUNTY, permit COUNTY to 13 audit and inspect all such records and data necessary to ensure COURT compliance with the terms of 14 this Agreement. 15 Ifthis Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), COURT 16 shall be subject to the examination and audit of the State Auditor General for a period of three (3) years 17 after final payment under contract (Government Code Section 8546.7). 18 17. NOTICES 19 The persons and their addresses having authority to give and receive notices under this 20 Agreement include the following: 21 22 23 24 25 COUNTY Director, Fresno County Department of Behavioral Health 4441 East Kings Canyon Ave. Fresno, CA 93 702 COURT Court Executive Officer, Superior Court of California, County of Fresno 1100 Van Ness Avenue Fresno, CA 93 721 26 Any and all notices between the COUNTY and the COURT provided for or permitted 27 under this Agreement or by law shall be in writing and shall be deemed duly served when personally 28 delivered to one of the parties, or in lieu of such personal services, when deposited in the United States - 9 -COUNTY OF FRESNO Fresno, CA 1 Mail, postage prepaid, addressed to such party. 2 18. GOVERNING LAW 3 The rights and obligations of the parties and all interpretation and performance of this 4 Agreement shall be governed in all respects by all Federal, State and local statutes and regulations. 5 19. ENTIRE AGREEMENT 6 This Agreement, including all Exhibits, constitutes the entire Agreement between 7 COUNTY and COURT with respect to the subject matter hereof and supersedes all previous agreement 8 negotiations, proposals, commitments, writings, advertisements, publications and understandings of any 9 nature whatsoever unless expressly included in this Agreement. 10 Ill 11 Ill 12 Ill 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -10 -COUNTY OF FRESNO Fresno, CA 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 2 executed by the signatures below: 3 ATTEST: 4 5 6 CONTRACTOR: SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO 7By:~~ 8 Print Name: (3~A.n l-· w\ zrv':l-m- 9 10 11 Title~ ~ UrtExeci!!i~r Date: -:?..-~-ZoiS" :: By:~.e 14 PrintName:~l ~ ~ 15 16 17 "7 Date: '-z~-15 18 19 20 21 Mailing Address: 1100 Van Ness Avenue Fresno, California 93 724-0002 Phone No.: (559) 457-2010 22 Contact: Court Executive Officer 23 24 25 26 27 28 COUNTY OF FRESNO By:~~~==~~~~----~ Chairman, Board of Superviso Date: 'l/ll}t5 BERNICE E. SEIDEL, Clerk Board of Supervisors By: 3Ll~ ~~<>{? Date: tlfUW J-I . /).() J!:) PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED -11 -COUNTY OF FRESNO Fresno, CA 1 APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 2 3 4 By:~~~LV~~~~~~~~~ 5 G RM: 6 VICK CROW, C.P.A., AUDI . ...-._...-,_CONTROLLER/ TREASURER-TAX COLLECTOR 7 8 9 By: v{ft.d_,L' ~v-- 10 11 12 REVIEWED AND RECOMMENDED FOR APPROVAL: ::By:~~ 15 Department of Behavioral Health 16 17 Date: ______ _ 18 19 20 DBH Fund/Subclass: 21 Organization: Account/Program: 22 23 PROBATION 24 Fund/Subclass: 25 Organization: 26 Account/Program: 27 28 0001/10000 56304710 ($70,000) 7295/0 0001/10000 34300330 5990/0 -12 -COUNTY OF FRESNO Fresno, CA Superior Court of California County of Fresno SCOPE OF WORK I. Mental Health Services Care Coordinator A. Background and Purpose Exhibit A Page 1 of2 The Mental Health Services Care Coordinator's primary responsibilities involve coordination and program activities related to the daily functioning of the juvenile and adult Behavioral Health Courts. The Coordinator is responsible for increasing access to services and building capacity and removing barriers for those in the justice system who are in need of mental health treatment and supportive services. B. Description of Services Services Care Coordinator shall perform the following ("Services"): 1. Serve as a liaison between the judges presiding over the Juvenile and Adult Behavioral Health Courts, various county departments responsible for providing mental health services, and community-based organizations and private providers who have agreed to provide services. 2. Provide care coordination and program development activities that increase access, build capacity and remove barriers for those involved in the justice system in need of treatment and support services. 3. Plan and participate in the Juvenile and Adult Behavioral Health Courts team meetings. 4. Provide administrative assistance in the monitoring of the treatment plan regarding its effectiveness and compliance by treatment providers. 5. Identify and analyze resources and treatment providers in the community. 6. Identify gaps in services and assist in the development of resources in the community through collaboration. 7. Maintain a data collection and reporting system (i.e. entry of statistics, analyze and track statistics, develop reports) to reflect outcomes, both measurable and indeterminate. 8. Perform other activities associated with program planning and development, and other duties as assigned. Superior Court of California County of Fresno II. Drug Court Services Care Coordinator A. Background and Purpose Exhibit A Page 2 of2 The responsibilities of the Drug Court Services Care Coordinator involve case management and care coordination services for the adult criminal drug court program. The Services Care Coordinator is responsible for increasing access to services, building capacity, and removing barriers for those in the Post-Conviction and Deferred Entry of Judgment drug courts who are in need of substance abuse and mental health treatment and as well as supportive services. B. Description of Services. Services Care Coordinator shall perform the following ("Services"): 1. Coordinate intakes as well as various screens and assessments that provide the drug court an accurate understanding of the participants' substance abuse and mental health needs. 2. Assist drug court participants in accessing a continuum of substance abuse and mental health treatment and other services that support their recovery. 3. Work one-on-one with clients to understand and comply with court orders, program requirements, and dual-diagnosis treatment plans. 4. Guide clients in obtaining or in reinstating public benefits coverage to support their recovery needs. 5. Serve as a liaison between the judicial officer(s) presiding over the criminal drug courts and the various county and community organizations responsible for providing treatment and services to the participants. 6. Participate in the drug court team staffing and meetings. 7. Provide administrative assistance in the monitoring of treatment plans regarding their effectiveness and compliance by treatment providers. 8. Identify and analyze resources and treatment providers available to assist participants. 9. Identify gaps in services and assist in the development of resources to meet those gaps through community collaboration. 10. Develop and maintain data collection and reporting systems, both through court data tracking programs and through any data systems required by grant funders. 11. Using the project database and external data systems, track participant outcomes and statistics, conduct data analysis, and develop reports to reflect program outcomes. 12. Perform other activities associated with program planning and development. FRESNO COUNTY CONFIDENTIALITY REQUIREMENTS ACKNOWLEDGEMENTANDAGREEMENT I. INTRODUCTION Exhibit B Page 1 of2 All persons working with the Fresno County Superior Court Behavioral Health Courts and Drug Courts (Court) will observe and receive private and confidential information regarding consumers. This information can include, but is not necessarily limited to, medical, mental health, social, financial, and educational information. All persons working with Court are required, either by law or by the terms of their employment, to protect the confidentiality of consumer information. For purposes of this agreement, a person is working with Courts if he/she is an employee, a contractor, a volunteer, a student, is assigned to a Courts program through an educational program, or is appointed to a board or committee requiring contact with client/consumer information. Such persons will hereinafter be referred to in this agreement as "Court personnel". All Court personnel must read and sign this Acknowledgment and Agreement and agree to protect the confidentiality of Court's client/consumer information. II. LAWS PERTAINING TO CONFIDENTIALITY Court recognizes that each consumer has a right to privacy granted by state and federal laws. That means each consumer has a right to have their private, confidential information protected from unauthorized disclosure. A violation of these laws can result in criminal prosecution, civil liability, and termination of employment. III. COURT POLICY REGARDING CONFIDENTIALITY As a matter of policy and in compliance with Federal and State Law, all Court personnel must know the Court policies and procedures regarding confidential information, including Protected Health Information as defined by HIP AA, that are necessary and appropriate to carry out his/her function for Court. Court personnel must also exercise extreme care in the use of confidential information obtained from consumers, case records, fellow workers, records and employees of other agencies, and from any other source. Court personnel are to refrain from seeking confidential information on consumers if that information is not necessary to carry out his/her work. Commentary regarding consumers as recorded in case records shall be limited to formal discussions that are pertinent to the provision of services to consumers and/or to the formal training of workers. All Court personnel shall make reasonable efforts to limit requests for and disclosures of protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request. Participation in "gossip sessions" at any time with anyone regarding consumers and/or records is contrary to Court policy and to the law. Handling case records or other documents which contain consumer information in such a way that the document is open to view by others is also contrary to Court policy and the law. No 1 Exhibit B Page 2 of2 unauthorized person is permitted to accompany any Court personnel in interviews with consumers, whether these interviews take place on our work site, in a consumer's home, or elsewhere. IV. ACKNOWLEDGEMENT AND AGREEMENT I hereby acknowledge that I have read, and/or have had read to me, the above information regarding confidentiality. I understand and accept my responsibilities under this agreement, and will use all information pertaining to Court consumers in a professional and confidential manner. I further understand that failure to protect consumer information from unauthorized disclosure constitutes a breach of ethics, a violation of Court policy, and a violation of State and Federal Law. I further understand that violation of this policy can result in disciplinary action, up to and including termination of my contracted services. Name (please print) Signature Title Date WITNESS: Signature Title Date 2 State Mental Health Requirements 1. CONTROL REQUIREMENTS Exhibit C Page 1 of2 The COUNTY and its subcontractors shall provide services in accordance with all applicable Federal and State statutes and regulations. 2. PROFESSIONAL LICENSURE All (professional level) persons employed by the COUNTY Mental Health Program (directly or through contract) providing Short-Doyle/Medi-Cal services have met applicable professional licensure requirements pursuant to Business and Professions and Welfare and Institutions Codes. 3. CONFIDENTIALITY A. COURT shall comply with applicable laws and regulations, including but not limited to section 5328 et seq. of the Welfare and Institutions Code regarding the confidentiality of patient information. B. COURT shall protect, from unauthorized disclosure, names and other identifying information concerning persons receiving services pursuant to this contract, except for statistical information. This pertains to any and all persons receiving services pursuant to a Department of Mental Health funded program. COURT shall not use such identifying information for any purpose other than carrying out the COURT's obligations under this contract. C. COURT shall not disclose, except as otherwise specifically permitted by this contract or authorized by the client/patient, any such identifying information to anyone other than the County or State without prior written authorization from the County or State in accordance with State and Federal laws. D. For purposes of the above paragraphs, 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 a photograph. 4. NONDISCRIMINATION A. COURT shall not employ any unlawful discriminatory practices in the admission of patients, assignment of accommodations, treatment, evaluation, employment of personnel, or in any other respect on the basis of race, color, gender, religion, marital status, national origin, age, sexual preference, or mental or physical handicap, in accordance with the requirements of applicable Federal or State Law. State Mental Health Requirements Exhibit C Page 2 of2 B. During the performance of this contract, COURT shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, mental or physical handicap, medical condition, marital status, age, or sex. COURT shall comply with the provisions of the Americans with Disabilities Act of 1990, the Fair Employment and Housing Act (Government Code, section 12900, et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). COURT shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, section 12990, set forth in Chapter 5, Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. COURT shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. C. COURT shall comply with the provisions of section 504 of the Rehabilitation Act of 1973, as amended, pertaining to the prohibition of discrimination against qualified handicapped persons in all federally assisted programs or activities, as detailed in regulations signed by the Secretary of Health and Welfare Agency, effective June 2, 1977, and found in the Federal Register, Volume 42, No. 86, dated May 4, 1977. 5. PATIENTS' RIGHTS COURT shall comply with applicable laws and regulations, including but not limited to, laws, regulations, and State policies relating to patients' rights.