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Agreement No. 15-300
AGREEMENT
TillS AGREEMENT is made and entered into this 16th day of June, 2015, by and between the
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COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and each contractor listed in Exhibit A, attached hereto by this reference and incorporated
herein, collectively hereinafter referred to as "CONTRACTOR(S), and such additional CONTRACTOR(S)
as may, from time to time during the term of this Agreement, be added by COUNTY. Reference in this
Agreement to "party" or "parties" shall be understood to refer to COUNTY and each CONTRACTOR,
unless otherwise specified.
WITNESSETH:
WHEREAS, COUNTY is authorized through its Net Negotiated Amount (NNA) Agreement with
the State of California, hereinafter referred to as STATE, Department of Health Care Services (DHCS), to
12 subcontract for Substance Use Disorder treatment services in Fresno County; and
13 WHEREAS, CONTRACTOR(S) agree to provide sober living services required by COUNTY,
14 pursuant to the terms and conditions of this Agreement.
15 NOW, THEREFORE, in consideration oftheir mutual covenants and conditions, the parties hereto
SERVICES
16 agree as follows:
17 1.
18 CONTRACTOR(S) shall perform all services and fulfill all responsibilities set forth
19 in COUNTY's Request for Application (RF A), attached hereto as Exhibit Band incorporated herein by
20 reference and made part of this Agreement, and CONTRACTOR(S) Application(s) in response to
· 21 COUNTY's Request for Application, attached hereto as Exhibit C and incorporated herein by reference and
22 made part of this Agreement. In the event of any inconsistency among these documents, the inconsistency
23 shall be resolved by giving precedence in the following order of priority: (1) to this Agreement, (2) to
24 Exhibit B, and (3) to Exhibit C.
25 CONTRACTOR(S) shall provide sober living housing services at locations in Fresno
26 County to eligible adult male and/or female residents of Fresno County.
27 CONTRACTOR(S) shall maintain, at CONTRACTOR(S)' cost, a computer system
28 with Windows 2000 or above, compatible with COUNTY's Substance Abuse Information System (SAIS);
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and high-speed internet connection for the purposes of submitting information required under the terms and
conditions of this Agreement.
CONTRACTOR(S) shall submit all information and data required by State,
including, but not limited to the following:
1. Cost Reports for each Fiscal Year to be submitted no later than forty-five ( 45)
days following the end of each fiscal year affected by this Agreement.
CONTRACTOR(S) agrees to submit all data requested in one (1) above, in the
manner identified, or on forms provided by the State or COUNTY.
2. TERM
1 0 This Agreement shall become effective on July 1, 2015 and shall terminate on the
11 30th day of June, 2018. Thereafter, this Agreement shall renew for two (2) additional twelve (12) month
12 periods upon mutual consent of the parties, unless written notice of non-renewal is given by either
13 CONTRACTOR(S) or COUNTY or COUNTY's Department of Behavioral Health (DBH) Director or her
14 designee, at least thirty (30) days prior to the end of the then current term.
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3. TERMINATION
A. Non-Allocation of Funds-The terms of this Agreement and the services to
17 be provided hereunder are contingent on the approval of funds by the appropriating government agency.
18 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
19 terminated at any time by giving CONTRACTOR(S) thirty (30) days advance notice.
20 B. Breach of Contract-COUNTY may immediately suspend or terminate this
21 Agreement in whole or in part, where in the determination of COUNTY there is:
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An illegal or improper use of funds;
A failure to comply with any term of this Agreement;
A substantially incorrect or incomplete report submitted to
25 COUNTY; or
26 4) Improperly performed services.
27 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
28 breach of this Agreement or any default which may then exist on the part ofCONTRACTOR(S). Neither
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1 shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or
2 default. COUNTY shall have the right to demand of CONTRACTOR(S) the repayment to COUNTY of any
3 funds disbursed to CONTRACTOR(S) under this Agreement, which in the judgment of COUNTY were not
4 expended in accordance with the terms of this Agreement. CONTRACTOR(S) shall promptly refund any
5 such funds upon demand or, at COUNTY's option; such repayment shall be deducted from future payments
6 owing to CONTRACTOR(S) under this Agreement.
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c. Without Cause-Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR(S) or COUNTY upon the giving of thirty (30) days
advance written notice of an intention to terminate. CONTRACTOR(S) may terminate with appropriate
thirty (30) days advance written notice of intent to terminate transmitted by CONTRACTOR(S) to
COUNTY by Certified U.S. Mail, Return Receipt Requested, addressed to the office of COUNTY as
follows:
4.
Director (or designee)
County of Fresno
Department of Behavioral Health
P.O. Box 45003
Fresno, CA 93718-9886
COMPENSATION
A. For claims submitted for actual services rendered under this Agreement
19 COUNTY agrees to pay CONTRACTOR(S) and CONTRACTOR(S) agrees to receive compensation for
20 costs associated with the delivery of Sober Living Housing services provided by CONTRACTOR(S) in
21 accordance with the cost per bed slot, maximum annual compensation and number of allocated bed slots
22 specified in Exhibit C. The total daily allocated beds under this Agreement shall not exceed thirty (30). In no
23 event shall the total compensation for actual services performed under this Agreement for Fiscal Year 2015-
24 16 exceed One Hundred Ninety-two Thousand and No/100 Dollars ($192,000.00). In no event shall the total
25 compensation for actual services performed under this Agreement for Fiscal Year 2016-17 exceed One
26 Hundred Ninety-four Thousand Eight Hundred Eighty and No/100 Dollars ($194,880.00). In no event shall
27 the total compensation for actual services performed under this Agreement for Fiscal Year 2017-18 exceed
28 One Hundred Ninety-seven Thousand Eight Hundred Three and No/100 Dollars ($197,803.00). In no event
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1 shall the total compensation for actual services performed under this Agreement for Fiscal Year 2018-19
2 exceed Two Hundred Thousand Seven Hundred Seventy and No/100 Dollars ($200,770.00). In no event
3 shall the total compensation for actual services performed under this Agreement for Fiscal Year 2019-20
4 exceed Two Hundred Three Thousand Seven Hundred Eighty-two and No/100 Dollars ($203,782.00).
5 Annual reimbursement per bed per day shall not exceed the CONTRACTOR(S) daily rate established in
6 Exhibit C regardless of the total maximum compensation of this Agreement.
7 It is understood that all expenses incidental to CONTRACTOR(S)' performance of
8 services under this Agreement shall be borne by CONTRACTOR(S).
9 "Daily allocated beds" is defined as the number ofbeds allocated to this Agreement
1 0 on a daily basis or is defined as the number of participants that can be served per day. In no event shall the
11 total compensation for actual services exceed the rate established in Exhibit C up to the maximum contract
12 amount listed. Annual increases of no more than 1.5% of the previous year's cost per daily bed rate will be
13 reimbursed to CONTRACTOR(S) who requested it per Exhibit B.
14 Compensation for Sober Living Services shall be reduced based on the length of stay
15 as described in Exhibit B. Beginning with day one ( 1) through day sixty ( 60) reimbursement shall be 100%
16 of the daily bed rate. Day sixty-one (61) through day ninety (90) will be reimbursed at the rate of75% of the
17 daily bed rate. County approved extensions beyond day ninety (90) will be reimbursed at 50% of the daily
18 bed rate.
19 B. The maximum compensation as identified in this Agreement may be reduced
20 based upon State, Federal, and local funding availability. In the event of such action, the COUNTY's DBH
21 Director or her designee shall notify the CONTRACTOR(S) in writing of the reduction in the maximum
22 amount within thirty (30) days.
23 In the event that funding for these services is delayed by the State Controller,
24 COUNTY may defer payment to CONTRACTOR(S). The amount of the deferred payment shall not exceed
25 the amount of the funding delayed by the State Controller to the COUNTY. The period of time of the
26 deferral by COUNTY shall not exceed the period of time the State Controller's delay of payment to
27 COUNTY plus forty-five ( 45) days.
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C. Payments-CONTRACTOR(S) may not exceed the maximum allocated bed
days approved in Exhibit C. CONTRACTOR(S) shall complete the year end cost report in accordance to
Section 29 REPORTS-SUBSTANCE USE DISORDERS SERVICES of this Agreement at the end of each
fiscal year to actual cost and reimbursement for services provided. Regardless of the contract maximum,
CONTRACTOR(S) will be reimbursed only for costs up to the negotiated bed day rate herein. Within forty-
five (45) days of the reconciliation by COUNTY, CONTRACTOR(S) shall make payment to COUNTY or
COUNTY shall reimburse CONTRACTOR(S) as appropriate.
Payment by COUNTY shall be in arrears, based on CONTRACTOR(S)' monthly
invoices submitted for services provided during the preceding month, within forty-five (45) days after
receipt and verification ofCONTRACTOR(S)' monthly invoices by COUNTY's DBH Contracts Division-
Substance Use Disorder (SUD) Services. Monthly invoicing shall be submitted as described in Section Five
(5) INVOICING herein.
For services rendered herein, CONTRACTOR(S) shall assure that an ongoing quality
assurance component is in place and is occurring. CONTRACTOR(S) shall assure that records for each
participant are of such detail and length that a review of said record will verify that appropriate services were
provided. If the record is unclear, incomplete, and/or indicates that appropriate services were not provided,
COUNTY reserves the right to withhold payment for the applicable unit(s) of service. It is understood that
all expenses incidental to CONTRACTOR(S)' performance of services under this Agreement shall be borne
by CONTRACTOR(S). If CONTRACTOR(S) should fail to comply with any provision of this Agreement,
COUNTY shall be relieved of its obligation for further compensation. CONTRACTOR(S)' and COUNTY's
obligations under this section shall survive the termination or expiration of this Agreement with respect to
services provided during the term of this Agreement without regard to the cause of termination of this
Agreement.
D. Public Information-CONTRACTOR(S) shall disclose its funding source in
all public information, however, this requirement of disclosure of funding source shall not be required in
spot radio or television advertising.
E. Lobbying Activity -CONTRACTOR(S) shall not directly or indirectly use
any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes
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1 designed to support or defeat legislation pending before the Congress of the United States or the
2 Legislature of the State of California.
3 F. Political Activity-CONTRACTOR(S) shall not directly or indirectly use
4 any of the funds under this Agreement for any political activity or to further the election or defeat of any
5 candidate for public office.
6 G. Funding Sources -It shall be the obligation of CONTRACTOR(S) to
7 determine and claim all revenue possible from private pay sources and third party payers.
8 CONTRACTOR(S) shall not use any funds under this Agreement for services covered by Drug Medi-Cal
9 or other health insurance for eligible beneficiaries. CONTRACTOR(S) shall claim all Drug Medi-Cal
10 covered services for eligible beneficiaries through the Drug Medi-Cal claiming process. COUNTY will
11 only reimburse CONTRACTOR(S) for services rendered that are not covered by Drug Medi-Cal, other
12 insurance or other revenue sources.
13 CONTRACTOR(S) shall not use any funds under this Agreement to the extent that
14 a participant is eligible for Medi-Cal, insurance or other revenue reimbursement for services rendered.
15 Any revenues generated by CONTRACTOR(S) in excess of the amounts budgeted
16 in this Agreement, may be utilized to expand/enhance the services during COUNTY's fiscal years in
17 which revenues are collected or in the following COUNTY fiscal year. Additional revenues will be
18 considered separate and distinct from COUNTY's payment to CONTRACTOR(S). The manner and
19 means of service expansion/enhancement shall be subject to the prior written approval of COUNTY's
20 DBH Director or her designee. CONTRACTOR(S) shall disclose all sources of revenue to COUNTY.
21 Under no circumstances will COUNTY funded staff time be used for fund-raising purposes.
22 H. Cost of Living Adjustment-CONTRACTOR(S) shall not utilize any
23 funds provided under this Agreement for cost of living adjustments to CONTRACTOR(S)' employee
24 compensation in excess of what is approved in the budget submitted with the RF A response.
25 I. CONTRACTOR(S) agrees to limit annual administrative costs to a
26 maximum of fifteen percent (15%) of the total annual program budget and to limit employee benefits to a
27 maximum of twenty percent (20%) of total salaries for those employees working under this agreement
28 during the term of this agreement. Failure to conform to this provision will be grounds for contract
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1 termination at the option of the County of Fresno. Administrative costs include all non-direct service
2 personnel such as executive directors, clerical staff and fiscal staff and identified corporate overhead.
3 Employee benefits shall not exceed twenty percent (20%) of total salaries for those employees working
4 under this Agreement. Benefits shall include health insurance, retirement, life insurance, and other optional
5 benefits. This Section Four (4) COMPENSATION shall in no way be construed to classify
6 CONTRACTOR(S) or CONTRACTOR(S)' officers, agents and employees as an officer, agent, servant,
7 employee, joint venture, partner, or associate of COUNTY, pursuant to Section Six (6) INDEPENDENT
8 CONTRACTORS.
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5. INVOICING
CONTRACTOR(S) shall invoice COUNTY in arrears by the twentieth (20th) of
11 each month for actual expenses incurred and serviced rendered in the previous month to:
12 sas@co.fresno.ca.us with a copy of the invoice also sent to the assigned DBH Contracts Division-SUD
13 Services Staff Analyst. Invoices shall include all corresponding documentation of services provided.
14 Supporting documentation shall include but is not limited to program activity log, receipts, invoices
15 received and documented administrative/overhead costs.
16 Invoices and supporting documentation shall reflect services supported by the
17 invoiced expenditures and be in a form and in such detail as acceptable to COUNTY's DBH Contracts
18 Division-SUD Services. No reimbursement for services shall be made until invoices, and any required
19 reports, described further in Section Twenty-nine (29) REPORTS -SUBSTANCE USE DISORDER
20 SERVICES of this Agreement, are received and reviewed by COUNTY's DBH Contracts Division-
21 SUD Services.
22 At the discretion of COUNTY's DBH Director or her designee, if an invoice is
23 incorrect or is otherwise not in proper form or substance, COUNTY's DBH Director or her designee
24 shall have the right to withhold payment as to only that portion of the invoice that is incorrect or
25 improper after five (5) days prior notice to CONTRACTOR(S). CONTRACTOR(S) agrees to continue to
26 provide services for a period of ninety (90) days after notification of an incorrect or improper invoice. If
27 after the ninety (90) day period, the invoice(s) is still not corrected to COUNTY's DBH-SUD Services
28 satisfaction, COUNTY's DBH Director or her designee may elect to terminate this Agreement, pursuant
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to the termination provisions state in Section Three (3) TERMINATION of this Agreement. In addition,
for invoices received ninety (90) days after the expiration of each term of this Agreement or termination
ofthis Agreement, at the discretion of COUNTY's DBH Director or her designee, the COUNTY shall
have the right to deny payment of any additional invoices received.
6. INDEPENDENT CONTRACTORS
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)' officers, agents and employees will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity and not as an
officer, agent, servant, employee, joint venture, partner, or associate of the COUNTY. Furthermore,
COUNTY shall have no right to control or supervise or direct the manner of 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 its obligations in
accordance with the terms and conditions thereof. CONTRACTOR(S) and COUNTY shall comply with
15 all applicable provisions of law and the rules and regulations, of any, of governmental authorities having
16 jurisdiction over matters which are directly or indirectly the subject of this Agreement.
17 Because of its status as an independent contractor, CONTRACTOR(S) shall have
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absolutely no right to employment rights and benefits available to 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. It is acknowledged that during the term of this Agreement, CONTRACTOR(S) may be
providing services to others unrelated to the 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.
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1 CONTRACTOR(S) hereby agrees that changes to the compensation under this
2 Agreement may be necessitated by a reduction in funding from State and/or Federal sources. The
3 COUNTY's DBH Director or her designee may modify the maximum compensation depending on State
4 and Federal funding availability, as stated in Section Four (4) COMPENSATION in this Agreement.
5 CONTRACTOR(S) further understands that this Agreement is subject to any restrictions, limitations, or
6 enactments of all legislative bodies which affect the provision, term or funding of this Agreement in any
7 manner.
8 8. NON-ASSIGNMENT
9 No party shall assign, transfer or subcontract this Agreement nor their rights or
10 duties under this Agreement without the prior written consent of COUNTY.
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9. HOLD HARMLESS
Each CONTRACTOR agrees to indemnify, save, hold harmless, and at
13 COUNTY's request, defend COUNTY, its officers, agents, and employees from any and all costs and
14 expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with
15 the performance, or failure to perform, by each CONTRACTOR, their officers, agents, or employees
16 under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
17 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
18 performance, or failure to perform, of each CONTRACTOR, their officers, agents or employees under
19 this Agreement.
20 Each CONTRACTOR agrees to indemnify COUNTY for Federal, State of
21 California audit exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
22 10. COMPLAINTS
23 CONTRACTOR(S) shall log complaints and the disposition of all complaints from
24 a client or client's family. CONTRACTOR(S) shall provide a summary of the complaint log entries
25 concerning COUNTY -sponsored clients to COUNTY at monthly intervals by the fifteenth (15th) day of
26 the following month, in a format that is mutually agreed upon. CONTRACTOR(S) shall post signs
27 informing consumers of their right to file a complaint or grievance. CONTRACTOR(S) shall notify
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1 COUNTY of all incidents reportable to state licensing bodies that affect COUNTY consumers within
2 twenty-four (24) hours of receipt of a complaint.
3 Within fifteen (15) days after each incident or complaint affecting COUNTY-
4 sponsored clients, CONTRACTOR shall provide COUNTY with information relevant to the complaint,
5 investigative details of the complaint, the complaint and CONTRACTOR's disposition of, or corrective
6 action taken to resolve the complaint.
7 11. INSURANCE
8 Without limiting the COUNTY's right to obtain indemnification from
9 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force
10 and effect, the following insurance policies throughout the term of this Agreement:
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C.
Commercial General Liability
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of
Two Million Dollars ($2,000,000). This policy shall be issued on a per
occurrence basis. In addition to the Commercial General Liability
coverage, CONTRACTOR shall provide an insurance policy for sexual
abuse and molestation liability with these same limits.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily
injury of not less than Five Hundred Thousand Dollars ($500,000.00) per
person, One Million Dollars ($1 ,000,000.00) per accident and for
property damages of not less than One Hundred Thousand Dollars
($1 00,000.00), or such coverage with a combined single limit of One
Million Dollars ($1,000,000.00). Coverage should include owned and
non-owned vehicles used in connection with this Agreement.
Professional Liability
IfPROVIDER(S) employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., L.M.F.T.) 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. PROVIDER(S) agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three (3) years following
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the termination of this Agreement, one or more policies of professional
liability insurance with limits of coverage as specified herein. This
requirement shall survive the termination of this Agreement.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the
California Labor Code. CONTRACTOR(S) 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.
Within thirty (30) days from the date CONTRACTOR(S) executes this
Agreement, CONTRACTOR(S) shall provide certificates of insurance and endorsement as stated
above for all of the foregoing policies, as required herein, to the County of Fresno, Department of
Behavioral Health, Contracts Division -Substance Use Disorder Services 3133 N. Millbrook Ave,
Fresno, CA 93703, Attention: DBH-SUD Services Staff Analyst, 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 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(S) 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
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1 terminate this Agreement upon the occurrence of such event.
2 All policies shall be with admitted insurers licensed to do business in the State of
3 California. Insurance purchased shall be purchased from companies possessing a current A.M. Best,
4 Inc. rating of A FSC VII or better.
5 12. DATA SECURITY
6 For the purpose of preventing the potential loss, misappropriation or inadvertent
7 access, viewing, use or disclosure of COUNTY data including sensitive or personal client information;
8 abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies
9 that enter into a contractual relationship with the COUNTY for the purpose of providing services under
10 this Agreement must employ adequate data security measures to protect the confidential information
11 provided to CONTRACTOR by the COUNTY, including but not limited to the following:
12 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices
13 CONTRACTOR(S) may not connect to COUNTY networks via
14 personally-owned mobile, wireless or handheld devices, unless the following conditions are met:
15 1) CONTRACTOR(S) has received authorization by COUNTY for
16 telecommuting purposes;
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B.
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
CONTRACTOR-Owned Computers or Computer Peripherals
CONTRACTOR may not bring CONTRACTOR-owned computers or
22 computers or computer peripherals into the COUNTY for use without prior authorization from the
23 COUNTY's Chieflnformation Officer, and/or designee, including but not limited to mobile storage
24 devices. If data is approved to be transferred, data must be stored on a secure server approved by the
25 COUNTY and transferred by means of a Virtual Private Network (VPN) connection, or another type of
26 secure connection. Said data must be encrypted.
27 C. COUNTY-Owned Computer Equipment
28 CONTRACTOR(S) or anyone having an employment relationship with
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1 the COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises
2 without prior authorization from the COUNTY's Chieflnformation Officer, and/or designee.
3 D. CONTRACTOR may not store COUNTY's private, confidential or
4 sensitive data on any hard-disk drive, portable storage device, or remote storage installation unless
5 encrypted.
6 E. CONTRACTOR shall be responsible to employ strict controls to ensure
7 the integrity and security of COUNTY's confidential information and to prevent authorized access,
8 viewing, use or disclosure of data maintained in computer files, program documentation, data
9 processing systems, data files and data processing equipment which stores or processes COUNTY data
10 internally or externally.
11 F. Confidential client information transmitted to one party by the other by
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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 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. CONTRACTOR 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 will be responsible for all costs incurred as a result of providing the required
notification.
13. SUBCONTRACTS
CONTRACTOR(S) shall be required to assume full responsibility for all services
26 and activities covered by this Agreement, whether or not CONTRACTOR(S) is providing services
27 directly. Further, CONTRACTOR(S) shall be the sole point of contact with regard to contractual
28 matters, including payment of any and all charges resulting from this Agreement.
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1 If CONTRACTOR(S) should propose to subcontract with one or more third
2 parties to carry out a portion of services covered by this Agreement, any such subcontract shall be in
3 writing and approved as to form and content by COUNTY's DBH Director or her designee prior to
4 execution and implementation. COUNTY's DBH Director or her designee shall have the right to reject
5 any such proposed subcontract. Any such subcontract together with all activities by or cause by
6 CONTRACTOR(S) shall not require compensation greater than the total budget contained herein. An
7 executed copy of any such subcontract shall be received by COUNTY before any implementation and
8 shall be retained by COUNTY. CONTRACTOR(S) shall be responsible to COUNTY for the proper
9 performance of any subcontract. Any subcontractor shall be subject to the same terms and conditions
10 that CONTRACTOR(S) is subject to under this Agreement.
11 It is expressly recognized that CONTRACTOR(S) cannot engage in the practice
12 of medicine. If any medical services are to be provided in connection with the services under this
13 Agreement, such medical services shall be performed by an independent contract physician. In this
14 instance, the requirements of the Confidential Medical Information Act (Civil Code 56 et seq.) shall be
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If CONTRACTOR(S) hires an independent contract physician,
CONTRACTOR(S) shall require and ensure that such independent contract physician carries
Professional Liability (Medical Malpractice) Insurance, with limits of not less than One Million and
No/1 00 Dollars ($1 ,000,000.00) per occurrence, Three Million and No/1 00 Dollars ($3,000,000.00)
annual aggregate.
14. NO THIRD PARTY BENEFICIARIES
It is understood and agreed by and between the parties that the services provided
by CONTRACTOR(S) for COUNTY herein are solely for the benefit of the COUNTY, and that
nothing in this Agreement is intended to confer on any person other than the parties hereto any right
under or by reason of this Agreement.
15. COMPLIANCE WITH LAWS/POLICIES
CONTRACTOR(S) shall comply with all applicable rules and regulations set
28 forth in Titles 9 and 22 of the California Code of Regulations, and California Health and Safety Code
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Section 11750 et seq. CONTRACTOR(S) shall comply with any other Federal and State laws or
guidelines applicable to CONTRACTOR(S)' performance under this Agreement or any local
ordinances, regulations, or policies applicable. Such provisions include, but are not restricted to:
A. CONTRACTOR(S) agrees to limit administrative cost to a maximum of
fifteen percent (15%) ofthe total program budget and to limit employee benefits to a maximum of
twenty percent (20%) of total salaries for those employees working under this Agreement during the
term of this Agreement. Failure to conform to this provision will be grounds for contract termination at
the option of COUNTY.
B. CONTRACTOR(S) shall submit accurate, complete and timely claims
and cost reports, reporting only allowable costs.
C. CONTRACTOR(S) shall comply with statistical reporting and program
evaluation systems as provided in State of California regulations and in this Agreement.
16. CONFLICT OF INTEREST
14 No officer, agent, or employee of COUNTY who exercises any function or
15 responsibility for planning and carrying out the services provided under this Agreement shall have any
16 direct or indirect personal financial interest in this Agreement. CONTRACTOR(S) shall comply with
17 all Federal, State of California, and local conflict of interest laws, statutes, and regulations, which shall
18 be applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee
19 of COUNTY.
20 17. DRUG-FREE WORKPLACE
21 CONTRACTOR(S) shall comply with the requirements of the Drug-Free Work
22 Place Act of 1990 (California Government Code Section 8350).
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18. NON-DISCRIMINATION
A. Eligibility for Services-CONTRACTOR(S) shall prepare, prominently
25 post in its facility, and make available to the DBH Director or her designee and to the public all
26 eligibility requirements to participate in the program funded under this Agreement. CONTRACTOR(S)
27 shall not unlawfully discriminate in the provision of services because of race, color, creed, national
28 origin, gender, age, or physical or mental disability as provided by State of California and Federal law
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1 in accordance with Title VI of the Civil Rights Act of 1964 ( 42 USC Section 2000( d)); Age
2 Discrimination Act of 1976 ( 42 USC Section 1681 ); Rehabilitation Act of 1973 (29 USC Section 794 );
3 Education Amendments of 1972 (20 USC Section 1681 ); Americans with Disabilities Act of 1990 ( 42
4 USC Section 12131 ); Title 45, Code of Federal Regulations, Part 84; provision of the Fair Employment
5 and Housing Act (California Government Code Section 12900); and regulations promulgated
6 thereunder (Title 2, CCR, Section 7285.0); Title 2, Division 3, Article 9.5 ofthe California
7 Government Code commencing with section 11135; and Title 9, Division 4, Chapter 6 ofthe California
8 Coe of Regulations commencing with section 10800.
9 B. Equal Opportunity-CONTRACTOR(S) shall comply with California
10 Government Code, Section 12990 and California Code of Regulations, Title II, Division 4, Chapter 5,
11 in matters related to the development, implementation, and maintenance of a nondiscrimination
12 program. CONTRACTOR(S) shall not discriminate against any employee or applicant for employment
13 because of race, religion, color, national origin, physical or mental disability, marital status, gender, or
14 age. Such practices include retirement, recruitment, advertising, hiring, layoff, termination, upgrading,
15 demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and
16 conditions of employment. CONTRACTOR(S) agrees to post in conspicuous places, notices available
17 to all employees and applicants for employment setting forth the provisions of the Equal Opportunity
18 Act (42 USC Section 2000(e)) in conformance with federal Executive Order No. 11246.
19 CONTRACTOR(S) agrees to comply with the provisions ofthe Rehabilitation Act of 1973 (29 USC
20 Section 794 ).
21 C. Suspension of Compensation-If an allegation of discrimination occurs,
22 DBH may withhold all further funds, until CONTRACTOR(S) can show by clear and convincing
23 evidence to the satisfaction of DBH that funds provided under this Agreement were not used in
24 connection with the alleged discrimination.
25 D. Nepotism-Except by consent of the DBH Director or her designee, no
26 person shall be employed by CONTRACTOR(S) who is related by blood or marriage to or who is a
27 member of the Board of Directors or an officer ofCONTRACTOR(S).
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1 E. New Facilities and Disability Access-New facilities shall be wheelchair
2 accessible and provide access to the disabled, consistent with Title 9, California Code of Regulations,
3 Section 10820. If a new facility will be utilized, a plan ensuring accessibility to the disabled must be
4 developed. DBH shall assess, monitor, and document CONTRACTOR(S)' compliance with the
5 Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 to ensure that
6 recipients/beneficiaries and intended recipients/beneficiaries of services are provided services without
7 regard to physical or mental disability and that CONTRACTOR(S) has provided a facility accessible to
8 the physically disabled.
9 19. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
10 A. The parties to this Agreement shall be in strict conformance with all
11 applicable Federal and State of California laws and regulations including but not limited to Sections
12 5328, 10850, and 14100.2 et seq. ofthe Welfare and Institutions Codes, Sections 2.1 and 431.300 et
13 seq. of Title 42, Code ofFederal Regulations (CFR), Section 56, et seq. ofthe California Civil Code,
14 and the Health Insurance Portability and Accountability Act (HIPAA), including but not limited to
15 Section 1320 D et seq. of Title 42, United States Code (USC) and its implementing regulations,
16 including, but not limited to Title 45, CFR, Sections 142, 160, 162 and 164, The Health Information
17 Technology for Economic and Clinical Health Act (HITECH) regarding the confidentiality and
18 security of patient information, and the Genetic Information Nondiscrimination Act (GINA) of2008
19 regarding the confidentiality of genetic information.
20 Except as otherwise provided in this Agreement, CONTRACTOR(S), as a
21 Business Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform
22 functions, activities or services for or on behalf of COUNTY, as specified in this Agreement, provided
23 that such use or disclosure shall not violate the Health Insurance Portability and Accountability Act
24 (HIPAA), 42 USC 1320d et seq. The uses and disclosures of PHI may not be more expansive than
25 those applicable to COUNTY, as the "Covered Entity" under the HIPAA Privacy Rule ( 45 CFR
26 164.500 et seq.), except as authorized for management, administrative or legal responsibilities of the
27 Business Associate.
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1 B. CONTRACTOR(S), including its subcontractors and employees, shall
2 protect, from unauthorized access, use, or disclosure of names and other identifying information,
3 including genetic information, concerning persons receiving services pursuant to this Agreement,
4 except where permitted in order to carry out data aggregation purposes for health care operations
5 [45CFR Sections 164.504(e)(2)(i), 164.504(3)(2)(ii)(A), and 164.504(e)(4)(i)]. This pertains to any and
6 all person receiving services pursuant to a COUNTY-funded program. This requirement applies to
7 electronic PHI. CONTRACTOR(S) shall not use such identifying information or genetic information
8 for any purpose other than carrying out CONTRACTOR(S)' obligations under this Agreement.
9 C. CONTRACTOR(S), including its subcontractors and employees, shall not
10 disclose any such identifying information or genetic information to any person or entity, except as
11 otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or
12 other law, required by the Secretary, or authorized by the client/patient in writing. In using or
13 disclosing PHI that is permitted by this Agreement or authorized by law, CONTRACTOR(S) shall
14 make reasonable efforts to limit PHI to the Minimum necessary to accomplish intended purpose of use,
15 disclosure or request.
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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
25 in the time and manner designed by COUNTY, to PHI in a designated record set (as defined in 45 CFR
26 Section 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR Section
27 164.524 regarding access by individuals to their PHI. With respect to individual requests, access shall
28 be provided within thirty (30) days from request. Access may be extended if CONTRACTOR(S)
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1 cannot provide access and provides individual with the reasons for the delay and the date when access
2 may be granted. PHI shall be provided in the form or format requested by the individual or COUNTY.
3 CONTRACTOR(S) shall make any amendment(s) to PHI in a designated record
4 set at the request of COUNTY or individual, and in the time and manner designed by COUNTY in
5 accordance with 45 CFR Section 164.526.
6 CONTRACTOR(S) shall provide to COUNTY or to an individual, in a time and
7 manner designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
8 permit COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
9 accordance with 45 CFR Section 164.528.
10 G. CONTRACTOR(S) shall report to COUNTY, in writing, any knowledge
11 or reasonable belief that there has been unauthorized access, viewing, use, disclosure, security incident,
12 or breach of unsecured PHI not permitted by this Agreement of which it becomes aware, immediately
13 and without reasonable delay and in no case later than two (2) business days of discovery. Immediate
14 notification shall be made to COUNTY's Information Security Officer and Privacy Officer and
15 COUNTY's DPH HIPAA Representative, within two (2) business days of discovery. The notification
16 shall include, to the extent possible, the identification of each individual whose unsecured PHI has
17 been, or is reasonably believed to have been, accessed, acquired used, disclosed, or breached.
18 CONTRACTOR(S) shall take prompt corrective action to cure any deficiencies and any action
19 pertaining to such unauthorized disclosure required by applicable Federal and State Laws and
20 regulations. CONTRACTOR(S) shall investigate such breach And is responsible for all notifications
21 required by law and regulations or deemed necessary by COUNTY and shall provide a written report
22 of the investigation and reporting required to COUNTY's Information Security Officer and Privacy
23 Officer and COUNTY's DPH HIPAA Representative. This written investigation and description of any
24 reporting necessary shall be postmarked within the thirty (30) days of the discovery of the breach to the
25 addresses below:
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County of Fresno
Dept. of Public Health
HIP AA Representative
(559) 600-6439
P.O. Box 11867
Fresno, CA 93775
H.
County of Fresno
Dept. of Public Health
Privacy Officer
(559) 600-6405
P.O. Box 11867
Fresno, CA 93775
County of Fresno
Information Technology Services
Information Security Officer
(559) 600-5800
2048 N. Fine Street
Fresno, CA 93727
CONTRACTOR(S) shall make its internal practices, books, and records
6 relating to the use and disclosure of PHI received from COUNTY, or created or received by the
7 CONTRACTOR(S) on behalf of COUNTY, in compliance with HIP AA' s Privacy Rule, including, but not
8 limited to the requirements set forth in 45 CFR, Sections 160 and 164. CONTRACTOR(S) shall make its
9 internal practices, books, and records relating to the use and disclosure of PHI received from COUNTY, or
10 created or received by the CONTRACTOR(S) on behalf of COUNTY, available to the United States
11 Department of Health and Human Services (Secretary) upon demand.
12 CONTRACTOR(S) shall cooperate with the compliance and investigation
13 reviews conducted by the Secretary. PHI access to the Secretary must be provided during the
14 CONTRACTOR(S)' normal business hours, however, upon exigent circumstances access at any time must
15 be granted. Upon the Secretary's compliance or investigation review, if PHI is unavailable to
16 CONTRACTOR(S) and in possession of a Subcontractor, it must certify efforts to obtain the information to
17 the Secretary.
18 I. Safeguards
19 CONTRACTOR(S) shall implement administrative, physical, and technical
20 safeguards as required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and
21 appropriately protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it
22 creates, receives, maintains or transmits on behalf of COUNTY and to prevent unauthorized access,
23 viewing, use, disclosure, or breach of PHI other than as provided for by this Agreement.
24 CONTRACTOR(S) shall conduct an accurate and thorough assessment of the potential risks and
25 vulnerabilities to the confidential, integrity and availability of electronic PHI. CONTRACTOR(S) shall
26 develop and maintain a written information privacy and security program that includes administrative,
27 technical and physical safeguards appropriate to the size and complexity of CONTRACTOR(S)' operations
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1 and the nature and scope of its activities. Upon COUNTY's request, CONTRACTOR(S) shall provide
2 COUNTY with information concerning such safeguards.
3 CONTRACTOR(S) shall implement strong access controls and other security
4 safeguards and precautions in order to restrict logical and physical access to confidential, personal (e.g.,
5 PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include the following
6 administrative and technical password controls for all systems used to process or store confidential, personal,
7 or sensitive data:
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1. Passwords must not be:
a. Shared or written down where they are accessible or
1 0 recognizable by anyone else; such as taped to computer screens, stored under keyboards, or visible in a
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A dictionary word; or
Stored in clear text
Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c.
d.
Changed immediately if revealed or compromised; and
Composed of characters from at least three (3) of the
19 following four ( 4) groups from the standard keyboard:
20 1) Upper case letters (A-Z);
21 2) Lowercase letters (a-z);
22 3) Arabic numerals (0 through 9); and
23 4) Non-alphanumeric characters (punctuation symbols).
24 CONTRACTOR(S) shall implement the following security controls on
25 each workstation or portable computing device (e.g., laptop computer) containing confidential,
26 personal, or sensitive data:
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Network-based firewall and/or personal firewall;
Continuously updated anti-virus software; and
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1 3. Patch management process including installation of all
2 operating system/software vendor security patches.
3 CONTRACTOR(S) shall utilize a commercial encryption solution that has
4 received FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
5 electronic media (including, but not limited to, compact disks and thumb drives) and on portable
6 computing devices (including, but not limited to, laptop and notebook computers).
7 CONTRACTOR(S) shall not transmit confidential, personal, or sensitive
8 data via e-mail or other internet transport protocol unless the data is encrypted by a solution that has been
9 validated by the National Institute of Standards and Technology (NIST) as conforming to the Advanced
1 0 Encryption Standard (AES) Algorithm. CONTRACTOR(S) must apply appropriate sanctions against its
11 employees who fail to comply with these safeguards. CONTRACTOR(S) must adopt procedures for
12 terminating access to PHI when employment of employee ends.
13 J. Mitigation of Harmful Effects
14 CONTRACTOR(S) shall mitigate, to the extent practicable, any harmful
15 effect that is suspected or known to CONTRACTOR(S) of an unauthorized access, viewing, use,
16 disclosure, or breach of PHI by CONTRACTOR(S) or its subcontractors in violation of the requirements
17 of these provisions. CONTRACTOR(S) must document suspected or known harmful effects and the
18 outcome.
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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
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1 functions or activities on behalf of COUNTY under this Agreement and use or disclose PHI and
2 discipline such employees who intentionally violate any provisions of these provisions, including
3 termination of employment.
4 M. Termination for Cause
5 Upon COUNTY's knowledge of a material breach of these provisions by
6 CONTRACTOR(S), COUNTY shall either:
7 1. Provide an opportunity for CONTRACTOR(S) to cure the breach
8 or end the violation and terminate this Agreement if CONTRACTOR(S) does not cure the breach or end
9 the violation within the time specified by COUNTY; or
10 2. Immediately terminate this Agreement if CONTRACTOR(S) has
11 breached a material term of these provisions and cure is not possible.
12 3. If neither cure nor termination is feasible, the COUNTY's Privacy
13 Officer shall report the violation to the Secretary ofthe U.S. Department ofHealth and Human Services.
14 N. Judicial or Administrative Proceedings
15 COUNTY may terminate this Agreement in accordance with the terms and
16 conditions of this Agreement as written hereinabove, if: (1) CONTRACTOR(S) is found guilty in a
17 criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
18 finding or stipulation that the CONTRACTOR(S) has violated a privacy or security standard or
19 requirement of the HITECH Act, HIPAA or other security or privacy laws in an administrative or civil
20 proceeding in which the CONTRACTOR(S) is a party.
21 0. Effect of Termination
22 Upon termination or expiration of this Agreement for any reason,
23 CONTRACTOR(S) shall return or destroy all PHI received from COUNTY (or created or received by
24 CONTRACTOR(S) on behalf of COUNTY) that CONTRACTOR(S) still maintains in any form, and
25 shall retain no copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to
26 extend the protections of these provisions to such information, and limit further use of such PHI to those
27 purposes that make the return or destruction of such PHI infeasible. This provision shall apply to PHI
28 that is in the possession of subcontractors or agents, if applicable, of CONTRACTOR(S). If
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1 CONTRACTOR(S) destroys the PHI data, a certification of date and time of destruction shall be
2 provided to the COUNTY by CONTRACTOR(S).
3 P. Disclaimer
4 COUNTY makes no warranty or representation that compliance by
5 CONTRACTOR(S) with these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be
6 adequate or satisfactory for CONTRACTOR(S)' own purposes or that any information in
7 CONTRACTOR(S)' possession or control, or transmitted or received by CONTRACTOR(S), is or will
8 be secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR(S) is solely
9 responsible for all decisions made by CONTRACTOR(S) regarding the safeguarding of PHI.
10 Q. Amendment
11 The parties acknowledge that Federal and State laws relating to electronic
12 data security and privacy are rapidly evolving and that amendment of these provisions may be required to
13 provide for procedures to ensure compliance with such developments. The parties specifically agree to
14 take such action as is necessary to amend this agreement in order to implement the standards and
15 requirements of HIP AA, the HIP AA regulations, the HI TECH Act and other applicable laws relating to
16 the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
17 notice in the event that CONTRACTOR(S) does not enter into an amendment providing assurances
18 regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
19 standards and requirements of HIP AA, the HIP AA regulations and the HI TECH Act.
20 R. No Third-Party Beneficiaries
21 Nothing express or implied in the terms and conditions of these provisions
22 is intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
23 CONTRACTOR(S) and their respective successors or assignees, any rights, remedies, obligations or
24 liabilities whatsoever.
25 s. Interpretation
26 The terms and conditions in these provisions shall be interpreted as broadly
27 as necessary to implement and comply with HIP AA, the HIP AA regulations and applicable State laws.
28 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
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favor of a meaning that complies and is consistent with HIP AA and the HIP AA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in
the HIP AA 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 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.
20. STATE ALCOHOL AND DRUG REQUIREMENTS
A. INDEMNIFICATION
CONTRACTOR(S) agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses occurring or resulting to
any and all contractors, subcontractors, material men, laborers and any other person, firm or
corporation furnishing or supplying work, services, materials or supplies in connection with the
performance of this Agreement and from any and all claims and losses occurring or resulting to any
person, firm or corporation who may be injured or damaged by the CONTRACTOR(S) in the
performance of this Agreement.
B. INDEPENDENTCONTRACTOR
CONTRACTOR(S) and the agents and employees of CONTRACTOR(S),
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State of California.
C. CONTROL REQUIREMENTS
This Agreement is subject to all applicable Federal and State laws,
regulations and standards. CONTRACTOR(S) shall establish written procedures consistent with the
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1 State NNA requirements. The provisions of this Agreement are not intended to abrogate any provisions
2 of law or regulation existing or enacted during the term of this Agreement.
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D. NON-DISCRIMINATION PROVISION
1) Eligibility for Services
CONTRACTOR(S) shall prepare and make available to COUNTY
6 and to the public all eligibility requirements to participate in the program plan set for in
7 CONTRACTOR(S)' response to the RF A. No person shall, because of ethnic group identification, age,
8 sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion,
9 religious creed, political belief or sexual preference be excluded from participation, be denied benefits
10 of, or be subject to discrimination under any program or activity receiving Federal or State of
11 California assistance.
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2) Employment Opportunity
CONTRACTOR(S) shall comply with COUNTY policy, and the
14 Equal Employment Opportunity Commission guidelines, which forbids discrimination against any
15 person on the grounds of race, color, national origin, sex, religion, age, disability status, or sexual
16 preference in employment practices. Such practices include retirement, recruitment advertising, hiring,
17 layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of
18 facilities, and other terms and conditions of employment.
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3) Suspension of Competition
If an allegation of discrimination occurs, COUNTY may withhold
21 all further funds, until CONTRACTOR(S) can show clear and convincing evidence to the satisfaction
22 of COUNTY that funds provided under this Agreement were not used in connection with the alleged
23 discrimination.
24 4) Nepotism
25 Except by consent of COUNTY's DBH Director or her designee,
26 no person shall be employed by CONTRACTOR(S) who is related by blood or marriage to, or who is a
27 member ofthe Board of Directors or an officer ofCONTRACTOR(S).
28 Ill
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1 E. CONFIDENTIALITY
2 CONTRACTOR(S) shall conform to and COUNTY shall monitor
3 compliance with all State of California and Federal statutes and regulations regarding confidentiality,
4 including but not limited to confidentiality of information requirements at Part 2, Title 42, Code of
5 Federal Regulations; California Welfare and Institutions Code, Sections 14100.2, 11977, 11812, 5328;
6 Division 10.5 and 10.6 of the California Health and Safety Code; Title 22, California Code of
7 Regulations, Section 51 009; and Division 1, Part 2.6, Chapters 1-7 of the California Civil Code.
8 F. REVENUE COLLECTION POLICY
9 CONTRACTOR(S) shall conform to all policies and procedures
1 0 regarding revenue collection issued by the State under the provisions of the Health and Safety Code,
11 Division 1 0.5.
12 G. EXPENDITURE OF STATE GENERAL AND FEDERAL FUNDS
13 CONTRACTOR(S) agrees that all funds paid out by the State shall be
14 used exclusively for providing alcohol and/or drug program services, administrative costs, and
15 allowable overhead.
16 H. ACCESS TO SERVICES
17 CONTRACTOR(S) shall provide accessible and appropriate services in
18 accordance with Federal and State statutes and regulations to all eligible persons.
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I. REPORTS
CONTRACTOR(S) agrees to participate in surveys related to the
performance of this Agreement and expenditure of funds and agrees to provide any such information in
a mutually agreed upon format.
J. AUDITS
All State and Federal funds furnished to the CONTRACTOR(S) pursuant
to this Agreement along with required COUNTY match, related patient and participant fees, third-party
payments, or other related revenues and funds commingled with the foregoing funds are subject to
audit by the State. The State may audit all alcohol and drug program revenue and expenditures
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contained in this Agreement for the purpose of establishing the basis for the subsequent year's
negotiation.
K. RECORDS MAINTENANCE
1) CONTRACTOR(S) shall maintain books, records, documents, and
other evidence necessary to monitor and audit this Agreement.
2) CONTRACTOR(S) shall maintain adequate program and fiscal
records relating to individuals served under the terms of this Agreement, as required, to meet the needs
ofthe State in monitoring quality, quantity, fiscal accountability, and accessibility of services.
Information of each individual shall include, but not be limited to, admission records, patient and
participant interviews and progress notes, and records of service provided by various service locations
in sufficient detail to make possible an evaluation of services provided and compliance with this
Agreement.
21. FEDERAL CERTIFICATIONS
1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBLITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A. DBH-SUD Services and CONTRACTOR(S) recognize that
Federal assistance funds will be used under the terms of this Agreement. For purposes of this
paragraph, CONTRACTOR(S) will be referred to as the "prospective recipient."
B. This certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, 29 CPR Part 98, Section 98.510, Participants'
Responsibilities. The regulations were published as Part VII of the May 26, 1088 Federal Register
(pages 19160-19211 ).
1) The prospective recipient of Federal assistance funds
certified by entering this Agreement, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency.
2) The prospective recipient of funds agrees by entering into
this Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person
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1 who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
2 covered transaction, unless authorized by the Federal department or agency with which this transaction
3 originated.
4 3) Where the prospective recipient of Federal assistance funds
5 is unable to certify to any of the statements in this certification, such prospective participant shall
6 attach an explanation to this Agreement.
7 4) The prospective recipient shall provide immediate written
8 notice to DBH-SUD Services if at any time prospective recipient learns that its certification in this
9 clause of this Agreement was erroneous when submitted or has become erroneous by reason of
1 0 changed circumstances.
11 5) The prospective recipient further agrees that by entering
12 into this Agreement, it will include a clause identical to this clause of this Agreement, and titled
13 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
14 Covered Transactions," in all lower tier covered transactions and in all solicitations for lower tier
15 covered transactions.
16 6) The certification in this clause of this Agreement is a
17 material representation of fact upon which reliance was placed by COUNTY when this transaction was
18 entered into.
19 2. AUDIT
20 CONTRACTOR(S) shall grant DBH -SUD Services, State of California
21 (if applicable), the Federal grantor agency, the Comptroller General ofthe United States, or any of
22 their duly authorized representatives access to any books, documents, papers, and records of the
23 CONTRACTOR(S) which are directly pertinent to this Agreement for the purpose of audits,
24 examinations, excerpts and transactions. The CONTRACTOR(S) must retain all such required records
25 for three (3) years after CONTRACTOR(S) makes final payment and all other pending matters are
26 closed.
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3. CLEAN AIR AND WATER
In the event funding under this Agreement exceeds One Hundred
Thousand and No/100 Dollars ($100,000.00), the CONTRACTOR(S) must comply with all applicable
standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857(h)),
Section 506 ofthe Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental
Protection Agency Regulations ( 40 CPR, Part 32).
4. ENERGY EFFICIENCY
The CONTRACTOR(S) must comply with the mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan issued
in compliance with Energy Policy and Conservation Act (Pub. L. 94-163).
5. REPORTING REQUIREMENTS, COPYRIGHT AND PATENTS
The awarding agency's reporting requirements are stated in this
Agreement. The awarding agency's requirements and regulations pertaining to copyright and rights in
data, and patent rights with respect to any discovery or invention which arise or is developed in the
course of or under this Agreement (if any), are likewise stated in this Agreement.
22. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this Agreement is
amended during the term thereof, the parties hereto agree to comply with the amended provision as of
the effective date of such amendment.
23. LICENSES/CERTIFICATES
21 Throughout each term of this Agreement, CONTRACTOR(S) and
22 CONTRACTOR(S)' staff shall maintain all necessary licenses, permits, approvals, certificates, waivers
23 and exemptions necessary for the provision of the services hereunder and required by the laws and
24 regulations ofthe United States of America, State of California, the County ofFresno, and any other
25 applicable governmental agencies. CONTRACTOR(S) shall notify COUNTY immediately in writing
26 of its inability to obtain or maintain such licenses, permits, approvals, certificates, waivers and
27 exemptions irrespective of the pendency of any appeal related thereto. Additionally,
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CONTRACTOR(S) and CONTRACTOR(S)' staff shall comply with all applicable laws, rules or
regulations, as may now exist or be hereafter changed.
24. CHILD ABUSE REPORTING
CONTRACTOR(S) shall utilize a procedure acceptable to the COUNTY to
ensure that all of CONTRACTOR(S)' employees, volunteers, consultants, subcontractors or agents
performing services under this Agreement shall report all known or suspected child abuse or neglect to
one or more of the agencies set forth in Penal Code Section 11165.9. This procedure shall include
having all of CONTRACTOR(S)' employees, volunteers, consultants, subcontractors or agents
performing services under this Agreement sign a statement that he or she knows of and will comply
with the reporting requirements set forth in Penal Code Section 11166. The statement to be utilized by
CONTRACTOR(S) for reporting is set forth in Exhibit D attached hereto and by this reference
incorporated herein.
25. CHARITABLE CHOICE
14 CONTRACTOR(S) may not discriminate in its program delivery against a client
15 or potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
16 refusal to actively participate in a religious practice. Any specifically religious activity or service made
17 available to individuals by the CONTRACTOR(S) must be voluntary as well as separate in time and
18 location from COUNTY funded activities and services. CONTRACTOR(S) shall inform COUNTY as
19 to whether it is faith-based. If CONTRACTOR(S) identifies as faith-based it must submit to DBH-
20 SUD Services a copy of its policy on referring individuals to alternative treatment. CONTRACTOR(S)
21 must include a copy of this policy in its client admission forms. The policy must inform individuals
22 that they may be referred to an alternative provider if they object to the religious nature of the program,
23 and include a notice to DBH -SUD Services. Adherence to this policy will be monitored during
24 annual site reviews, and a review of client files. If CONTRACTOR(S) identifies as faith-based, by July
25 1 of each year CONTRACTOR(S) will be required to report to DBH-SUD Services the number of
26 individuals who requested referrals to alternative providers based on religious objection.
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26. EVALUATION/MONITORING
Outcomes-COUNTY's DBH Director or her designee and the DHCS, or their
designee shall monitor and evaluate the performance of CONTRACTOR(S) under this Agreement to
determine to the best possible degree the success or failure of the services provided under this
Agreement. At the discretion of the COUNTY, a subcontractor may be obtained by the COUNTY to
independently evaluate and monitor the performance of the CONTRACTOR(S). CONTRACTOR(S)
shall participate in the evaluation of the program as frequently as needed, at the discretion of
COUNTY.
COUNTY shall recapture from CONTRACTOR(S) the value of any services or
other expenditures determined to be ineligible based on the COUNTY or State monitoring results. At
the discretion ofthe COUNTY, recoupment can be made through a future invoice reduction or
reimbursement by the CONTRACTOR(S).
CONTRACTOR(S) shall participate in a review of the program at least yearly or
more frequently, as needed, at the discretion of the COUNTY. The CONTRACTOR(S) agrees to
supply all information requested by the COUNTY, DHCS and/or the subcontractor during the program
evaluation, monitoring, and/or review.
27. CULTURAL COMPETENCY
As related to Cultural and Linguistic Competence, CONTRACTOR(S) shall
19 comply with:
20 A. Title 6 of the Civil Rights Act of 1964 ( 42 USC Section 200d, and 45
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CFR, Part 80) and Executive Order 12250 of 1979 which prohibits recipients of federal financial
assistance from discrimination 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 that 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 consumers, including, but not limited to,
assessing the cultural and linguistic needs of its consumers, training of staff on the policies and
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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 person 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 COUNTY for approval, within 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)" attached here
to as Exhibit E and incorporated herein by reference. COUNTY's annual on-site review of
CONTRACTOR(S) shall include collection of documentation to ensure all national standards are
implemented. CONTRACTOR(S) may solicit complementary assistance from OnTrack Consulting
(http:/ /ontrackconsulting.org/news/ culturally-linguistically-appropriate-services/) for training in plan
development. As the national competency standards are updated, CONTRACTOR(S)' plan must be
updated accordingly.
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28. RECORDS
A. Record Establishment and Maintenance -CONTRACTOR(S) shall
3 establish and maintain records in accordance with State and Federal rules and regulations in addition to
4 those requirements prescribed by COUNTY with respect to all matters covered by this Agreement.
5 Except as otherwise authorized by COUNTY, CONTRACTOR(S) shall retain all other records for a
6 period of five (5) years after receiving the final payment under this Agreement or the earlier
7 termination of this Agreement, or until State and Federal audit findings applicable to such services are
8 resolved, whichever is later.
9 B. Documentation -CONTRACTOR(S) shall maintain adequate records in
1 0 sufficient detail to make possible an evaluation of services, and contain all the data necessary in
11 reporting to the State of California and/or Federal agency. All client records shall be maintained
12 pursuant to applicable State of California and Federal requirements concerning confidentiality.
13 C. Reports -CONTRACTOR(S) shall submit to COUNTY monthly fiscal
14 and all program reports as further described in Section Twenty-Nine (29) REPORTS-SUBSTANCE
15 USE DISORDER SERVICES and as indicated in Exhibit B. Following the end of each fiscal year
16 affected by this Agreement, CONTRACTOR(S) shall also furnish to COUNTY such statements,
17 records, reports, data, and information as COUNTY may request pertaining to matters covered by this
18 Agreement. All reports submitted by CONTRACTOR(S) to COUNTY must be typewritten.
19 D. Suspension of Compensation-In the event that CONTRACTOR(S) fail
20 to provide reports specified in this Agreement, it shall be deemed sufficient cause for COUNTY to
21 withhold payments until there is compliance.
22 E. Disallowances -Payments by COUNTY shall be in arrears, for services
23 provided during the preceding month, within forty-five ( 45) days after receipt, verification and
24 approval of CONTRACTOR(S)' invoices by COUNTY DBH-SUD Services. If payment for services
25 are denied or disallowed by State, and subsequently resubmitted to COUNTY by CONTRACTOR(S)',
26 the disallowed portion will be withheld from the next reimbursement to the CONTRACTOR(S) until
27 COUNTY has received reimbursement from State for said services.
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1 F. Client Confidentiality-CONTRACTOR(S) shall conform to and
2 COUNTY shall monitor compliance with all State and Federal statutes and regulations regarding
3 confidentiality, including but not limited to confidentiality of information requirements of 42 CFR §
4 2.1 et seq., Welfare and Institutions Code §§5328, 10850 and 14100.2, Health and Safety Code§§
5 11977 and 11812, Civil Code, Division 1, Part 2.6, and 22 California Code of Regulations§ 51009.
6 29. REPORTS-SUBSTANCE USE DISORDER SERVICES
7 CONTRACTOR(S) shall submit all information and data required by State,
8 including, but not limited to the following:
9 1. Drug and Alcohol Treatment Access Report (DAT AR) and Provider
10 Waiting List Record (WLR) in an electronic format provided by the State and due no later than five ( 5)
11 days after the preceding month; and
12 2. CONTRACTOR(S) shall submit to COUNTY monthly fiscal and all
13 program reports within twenty (20) days of the end of each month; and
14 3. Cost Reports-On an annual basis for each fiscal year ending June 30th
15 CONTRACTOR(S) shall submit a complete and accurate detailed cost report(s). Cost reports must be
16 submitted to the COUNTY as a hard copy with a signed cover letter and an electronic copy by the due
17 date. Submittal must also include any requested support documents such as general ledgers. All reports
18 submitted by CONTRACTOR(S) to COUNTY must be typewritten. COUNTY will issue instructions for
19 completion and submittal of the annual cost report, including the relevant cost report template(s) and due
20 dates within forty-five (45) days of each fiscal year end. All cost reports must be prepared in accordance
21 with Generally Accepted Accounting Principles. Unallowable costs such as lobbying or political
22 donations must be deducted from the cost report and all invoices. If the CONTRACTOR(S) does not
23 submit the cost report by the due date, including any extension period granted by the COUNTY, the
24 COUNTY may withhold payment of pending invoices until the cost report(s) has been submitted and
25 clears COUNTY desk audit for completeness and accuracy.
26 A. Drug MediCal (DMC) -A DMC cost report must be submitted in a
27 format prescribed by the DHCS for the purposes of Short Doyle
28 Medi-Cal reimbursement of total costs for all programs.
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C.
CONTRACTOR(S) shall report costs under their approved legal
entity number established during the DMC certification process.
Total units of service reported on the cost report will be compared
to the units of services entered by CONTRACTOR(S) into
COUNTY's data system. CONTRACTOR(S) will be required to
correct discrepancies and resubmit to COUNTY prior to
COUNTY's final acceptance of the cost report.
OTHER FUNDING SOURCES-CONTRACTOR(S) will be
required to submit a cost report on a form(s) approved and provided
by the COUNTY to reflect actual costs and reimbursement for
services provided through funding sources other than DMC.
Contracts that include a negotiated rate per unit of service will be
reimbursed only for the costs of approved units of service up to the
negotiated unit of service rate approved in the Agreement,
regardless of the contract maximum. If the cost report indicates an
amount due to COUNTY, CONTRACTOR(S) shall submit
payment with the report. If an amount is due to CONTRACTOR(S)
COUNTY shall reimburse CONTRACTOR within forty-five (45)
days of receiving and accepting the year-end cost report.
MULTIPLE FUNDING SOURCES -CONTRACTOR(S) who has
multiple agreements for the same services provided at the same
location, where at least one of the Agreements is funded through
DMC and the other funding is other federal or county realignment,
funding will be required to complete DMC cost reports and
COUNTY approved cost reports. Such Agreements will be settled
for actual costs in accordance with Medicaid reimbursement
requirements as specified in Title XIX or Title XXI of the Social
Security Act; Title 22, and the State's Medicaid Plan.
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During the term of this Agreement and thereafter, COUNTY and
CONTRACTOR(S) agree to settle dollar amounts disallowed or settled in accordance with DHCS and
COUNTY audit settlement findings related to the DMC and realignment reimbursements. DHCS audit
process is approximately eighteen (18) to thirty-six (36) months following the close ofthe State fiscal
year. COUNTY may choose to appeal DHCS settlement results and therefore reserves the right to defer
payback settlement with CONTRACTOR(S) until resolution ofthe appeal.
30. PROPERTY OF COUNTY
A. All purchases over Five Thousand and No/100 Dollars ($5,000.00) shall
be identified as fixed assets and shall be maintained in COUNTY's Asset Management System. Certain
purchases under Five Thousand and No/100 Dollars ($5,000.00) including but not limited to
computers, copiers, televisions, cameras, and other sensitive items as determined by COUNTY's DBH
Director or designee made during the life of this Agreement shall be identified as assets that can be
inventoried and maintained in COUNTY's DBH Asset Inventory System. These assets shall be
retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon
expiration of this Agreement. CONTRACTOR(S) agrees to participate in an annual inventory of all
COUNTY fixed and inventoried assets are returned to COUNTY possession at the termination or
expiration of this Agreement. CONTRACTOR(S) is responsible for returning to COUNTY all
COUNTY-owned fixed and inventoried assets, or the monetary value of said assets ifunable to
produce the assets at the expiration or termination of this Agreement.
CONTRACTOR(S) further agrees to the following:
1. To maintain all items of equipment in good working order and
condition, normal wear and tear is expected;
2. To label all items of equipment, to perform periodic inventories as
required by COUNTY and to maintain an inventory list showing where and how the equipment is
being used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to
COUNTY within ten (1 0) days of any request therefore; and
3. To report in writing to COUNTY immediately after discovery, the
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1 loss or theft of any items of equipment. For stolen items, the local law enforcement agency must be
2 contacted and a copy of the police report submitted to COUNTY.
3 31. PROHIBITION ON PUBLICITY
4 None of the funds, materials, property or services provided directly or indirectly
5 under this Agreement shall be used for CONTRACTOR(S)' advertising, fundraising, or publicity (i.e.
6 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
7 Notwithstanding the above, publicity of the services described in Section One (1) SERVICES of this
8 Agreement shall be allowed as necessary to raise public awareness about the availability of such
9 specific services when approved in advance by the DBH Director or her designee and at a cost as
1 0 provided in Exhibit C for such items as written/printed materials, the use of media (i.e. radio,
11 television, newspapers) and any other related expense(s).
12 32. AUDITS AND INSPECTIONS
13 CONTRACTOR(S) shall at any time during business hours, and as often as
14 COUNTY may deem necessary, make available to COUNTY for examination all of its records and
15 data with respect to the matters covered by this Agreement. CONTRACTOR(S) shall, upon request by
16 COUNTY, permit COUNTY to audit and inspect all such records and data necessary to ensure
17 CONTRACTOR(S)' compliance with the terms ofthis Agreement.
18 Ifthis Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
19 CONTRACTOR(S) shall be subject to the examination and audit of the State Auditor General for a
20 period of three (3) years after final payment under contract (California Government Code section
21 8546.7).
22 Notwithstanding the provisions state in Section Two (2) TERM of this
23 Agreement, it is acknowledged by the parties hereto that this Agreement shall continue in full force
24 and effect until all audit procedures and requirements as state in this Agreement have been completed
25 to the review and satisfaction of COUNTY. CONTRACTOR(S) shall bear all costs in connection with
26 or resulting from any audit and/or inspections including, but not limited to, actual costs incurred and
27 the payment of any expenditures disallowed by either COUNTY, State or Federal governmental
28 entities, including any assess interest and penalties.
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1 33. NOTICES
2 The persons at the below addresses have authority to give and receive notices
3 under this Agreement:
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COUNTY CONTRACTOR(S)
Director, Fresno County See Exhibit A
Department of Behavioral Health
4441 East Kings Canyon
Fresno, CA 93702
8 Any and all notices between COUNTY and CONTRACTOR(S) provided for or
9 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
1 0 personally delivered to one of the parties, or in lieu of such personal services, when deposited in the
11 United States Mail, postage prepaid, addressed to such party.
12 34. CHANGE OF LEADERSHIP/MANAGEMENT
13 Any and all notices between COUNTY and CONTRACTOR(S) provided for or
14 permitted under this Agreement or by law, shall be in writing and shall be deemed duly serviced when
15 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
16 United States Mail, postage prepaid, addressed to such party.
17 In the event of any change in the status of CONTRACTOR(S)' leadership or
18 management, CONTRACTOR(S) shall provide written notice to COUNTY within thirty (30) days
19 from the date of change. Such notification shall include any new leader or manager's name, address
20 and qualifications. The terms "Leadership" or "Management" shall include any employee, member, or
21 owner of CONTRACTOR(S) who either:
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A.
B.
C.
Directs individuals providing services pursuant to this Agreement;
Exercises control over the manner in which services are provided;
or
Has authority over CONTRACTOR(S)' finances.
GOVERNING LAW
27 The parties agree that for the purpose of venue, performance under this
28 Agreement is in Fresno County, California.
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1 The rights and obligations of the parties and all interpretation and performance of
2 this Agreement shall be governed in all respects by the laws of the State of California.
3 36. AOD CERTIFICATION
4 A. The COUNTY requires all COUNTY -contracted providers of Alcohol
5 and Other Substance Use Disorder treatment services to obtain the California Department of Health
6 Care Services (DHCS) Alcohol and Other Drug Program (AOD) Certification. The AOD Certification
7 Standards will apply to all residential and outpatient treatment modalities. The purpose of the AOD
8 Certification Standards is to ensure an acceptable level of service quality is provided to program
9 participants.
10 B. CONTRACTOR(S) shall provide proof of a completed application for
11 AOD Certification to the County within thirty (30) days from the execution date of this Agreement. A
12 copy of the AOD Certification shall be submitted to the COUNTY when approved by the DHCS.
13 C. This AOD Certification requirement applies to every primary treatment
14 facility operated by the CONTRACTOR(S). CONTRACTOR(S) is not required to obtain a separate
15 AOD Certification for satellite sites associated with CONTRACTOR(S)' primary treatment facility.
16 Satellite sites are expected to operate within the same AOD Certification guidelines and maintain the
17 same standards as the CONTRACTOR(S)' related primary site. CONTRACTOR(S)' whose agencies
18 are nationally accredited with the Joint Commission on Accreditation of Health Care Organizations
19 (JCAHO) or the Commission on Accreditation of Rehabilitative Facilities (CARF) are exempt from
20 this requirement of AOD Certification. CONTRACTOR(S) shall submit a copy of their JCAHO or
21 CARF accreditation to the COUNTY within thirty (30) days from the date this Agreement is executed.
22 CONTRACTOR(S) shall notify COUNTY if at any time their JCAHO or CARF accreditation lapses or
23 becomes invalid and shall submit a copy of the completed application for AOD Certification to the
24 COUNTY within thirty (30) days from the date the JCAHO or CARF accreditation lapses or becomes
25 invalid.
26 D. COUNTY shall terminate this Agreement immediately in the event any of
27 the following occurs:
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a) CONTRACTOR(S) fails to submit a copy ofthe completed
application for AOD Certification, or a copy of either their JCAHO or CARF accreditation within
thirty (30) days from the execution date of this Agreement with the COUNTY.
b) CONTRACTOR(S)' application for AOD Certification is denied
by the DHCS.
c) CONTRACTOR(S) fails to submit to the COUNTY a copy of the
7 AOD Certification within thirty (30) days after being approved by the DHCS, or certification is not
8 maintained throughout the contract period.
9 d) CONTRACTOR(S) fails to apply for AOD Certification with
10 DHCS or fails to submit to the COUNTY a copy of the completed application for AOD Certification
11 within thirty (30) days after the JCAHO or CARF accreditation lapses or becomes invalid.
12 37. ASSURANCES
13 In entering into this Agreement, CONTRACTOR(S) certifies that it is not
14 currently excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health
15 Care Programs; that it has not been convicted of a criminal offense related to the provision of health
16 care items or services; nor has it been reinstated to participate in the Federal Health Care Programs
17 after a period of exclusion, suspension, debarment, or ineligibility. If COUNTY learns, subsequent to
18 entering into a contract, that CONTRACTOR(S) is ineligible on these grounds, COUNTY will remove
19 CONTRACTOR(S) from responsibility for, or involvement with, COUNTY's business operations
20 related to the Federal Health Care Programs and shall remove such CONTRACTOR(S) from any
21 position in which CONTRACTOR(S) salary, or the items or services rendered, order or prescribed by
22 CONTRACTOR(S) may be paid in whole or in part, directly or indirectly, by Federal Health Care
23 Programs or otherwise with Federal Funds at least until such time as CONTRACTOR(S) is reinstated
24 into participation in the Federal Health Care Programs.
25 A. If COUNTY has notice that CONTRACTOR(S) has been charged with a
26 criminal offense related to any Federal Health Care Program, or is proposed for exclusion during the
27 term on any contract, CONTRACTOR(S) and COUNTY shall take all appropriate actions to ensure the
28 accuracy of any claims submitted to any Federal Health Care Program. At its discretion given such
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1 circumstances, COUNTY may request that CONTRACTOR(S) cease providing services until
2 resolution of the charges or the proposed exclusion.
3 B. CONTRACTOR(S) agrees that all potential new employees of
4 CONTRA TOR(S) or subcontractors who, in each case, are expected to perform professional services
5 under this Agreement, will be queried as to whether (I) they are now or ever have been excluded,
6 suspended, debarred or otherwise ineligible to participate in the Federal Health Care Program; (2) they
7 have been convicted of a criminal offense related to the provision of health care items or services;
8 and/or (3) they have been reinstated to participate in the Federal Health Care Programs after a period of
9 exclusion, suspension, debarment or ineligibility.
1 0 1. In the event the potential employee or subcontractor informs
11 CONTRACTOR(S) that he or she is excluded, suspended, debarred or otherwise ineligible, or has been
12 convicted of a criminal offense relating to the provision of health care services, and
13 CONTRACTOR(S) hires or engages such potential employee or subcontract, CONTRACTOR(S) will
14 ensure that said employee or subcontractor does not work, either directly or indirectly, relating to
15 services provided to COUNTY.
16 2. Notwithstanding any other provision of this Agreement,
17 COUNTY at its discretion may terminate this Agreement in accordance with Section Three (3)
18 TERMINATION thereof, or require adequate assurance (as defined by COUNTY) that no excluded,
19 suspended or otherwise ineligible individual will perform work, either directly or indirectly, relating to
20 services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time
21 frame to be determined by COUNTY to protect the interests of COUNTY consumers.
22 C. CONTRACTOR(S) shall verify (by asking the applicable employees and
23 subcontractors) that all current employees and existing subcontractors who, in each case, are expected
24 to perform professional services under this Agreement (I) are not currently excluded, suspended,
25 debarred or otherwise ineligible to participate in the Federal Health Care Programs; (2) have not been
26 convicted of a criminal offense related to the provision of health care items or services; and (3) have
27 not been reinstated to participate in the Federal Health Care Program after a period of exclusion,
28 suspension, debarment or ineligibility. In the event any existing employee or subcontractor informs
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CONTRACTOR(S) that he or she is excluded, suspended, debarred or otherwise ineligible to
participate in the Federal Health Care Programs, or has been convicted of a criminal offense relating to
the provision of health care services, CONTRACTOR(S) will ensure that said employee or
subcontractor does no work, either directly or indirectly, relating to services provided to COUNTY.
1. CONTRACTOR(S) agrees to notify COUNTY
immediately during the term of this Agreement whenever CONTRACTOR(S)' engagement partner
under this Agreement learns that an employee or subcontractor who, in each case, is providing
professional services under this Agreement is excluded, suspended, debarred or otherwise ineligible to
participate in the Federal Health Care Programs, or is convicted of a criminal offense relating to the
provision of health care services.
2. Notwithstanding any other provision of this Agreement,
12 COUNTY at its discretion may terminate this Agreement in accordance with Section Three (3)
13 TERMINATION thereof, or require adequate assurance (as defined by COUNTY) that no excluded,
14 suspended or otherwise ineligible individual performs work, either directly or indirectly, relating to
15 services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time
16 frame to be determined by COUNTY to protect the interest of COUNTY and COUNTY's consumers.
17 D. CONTRACTOR(S) agrees to cooperate fully with any reasonable
18 requests for information from COUNTY which may be necessary to complete any internal or external
19 audits relating to this Agreement.
20 E. CONTRACTOR(S) agrees to reimburse COUNTY for the entire cost of
21 any penalty imposed upon COUNTY by the Federal Government as a result ofCONTRACTOR(S)
22 violation of the terms of this Agreement.
23 38. CONTROL REQUIREMENTS
24 Performance under this Agreement is subject to all applicable Federal and State
25 laws, regulations and standards. In accepting the State drug and alcohol combined program allocation
26 pursuant to California Health and Safety Code Section 11757, CONTRACTOR(S) shall establish
27 written accounting procedures consistent with applicable Federal and State laws, regulations and
28 standards, and shall be held accountable for audit exceptions taken by the State or COUNTY for failure
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1 to comply with these requirements. These requirements include, but may not be limited to, those set
2 forth in this Agreement, and:
3 A. Division 10.5 ofthe California Health and Safety Code;
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D.
E.
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California Government Code Sections 16366.1 through 16367.9 and
53130 through 53138;
Title 9, Division 4 ofthe California Code of Regulations;
42 United States code (USC) Section 300x-5;
31 USC Sections 7501-7507 (Single Audit Act of 1984; Single Audit Act
Amendments of 1996);
Office of Management and Budget (OMB) Circular A-133 (Audits of
State, Local Governments and Non-Profit Organizations); and
Title 45, Part 96, Subparts B, C and L ofthe Code of Federal Regulations
(Block Grants).
14 CONTRACTOR(S) shall submit, if applicable, a copy of its single audit report
15 and management letter, performed in accordance with the Single Audit Act of 1984 (31 USC Section
16 7502) and subject to the terms ofOMB Circular A-133 to the County of Fresno. A single audit report is
17 not applicable if all of CONTRACTOR(S)' federal contracts do not exceed Five Hundred Thousand
18 and Noll 00 Dollars ($500,000.00) or CONTRACTOR(S)' only funding is through Drug related Medi-
19 Cal. If a single audit is not applicable, a program audit must be performed and a program audit report
20 with management letter shall be submitted. Such audit report shall be delivered to COUNTY's DBH-
21 SUD Services for review no later than six (6) months after the close of the CONTRACTOR(S)' fiscal
22 year in which the funds supplied through this Agreement are expended. Failure to comply with this Act
23 may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant
24 to perform the audit. All audit costs related to this Agreement are the sole responsibility of
25 CONTRACTOR(S) who agrees to take corrective action to eliminate any material noncompliance or
26 weakness found as a result of such audit. Audit work performed by COUNTY under this section shall
27 be billed to CONTRACTOR(S) at COUNTY's cost as determined by COUNTY's Auditor-
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Controller/Treasurer-Tax Collector. To maintain the integrity of the audits, CONTRACTOR(S) is
required to change its auditor (Certified Public Accountant) at least every three (3) years.
39. 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:
A. Within the three-year period preceding this Agreement, they have been
convicted of, or have a civil judgment rendered against them for:
1. Fraud or 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.
3.
Violation of a federal or state antitrust statute;
Embezzlement, theft, forgery, bribery, falsification or destruction
13 of records; or
14 4. False statements or receipt of stolen property.
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B. Within a three-year period preceding this Agreement, 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(S) 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(S) elects to submit with the disclosed information will be
considered. If it is later determined that the CONTRACTOR(S) failed to disclose required information,
any contract awarded to such CONTRACTOR(S) may be immediately voided and terminated for
material failure to comply with the terms and conditions of the award.
CONTRACTOR(S) must sign an appropriate "Certification Regarding
Debarment, Suspension, and Other Responsibility Matters," Exhibit F, attached hereto and by this
reference incorporated herein. Additionally, CONTRACTOR(S) must immediately advise the
COUNTY in writing if, during the term of the Agreement (1) CONTRACTOR(S) becomes suspended,
debarred, excluded or ineligible for participation in federal or state funded programs or from receiving
-45-
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federal funds as listed in the excluded parties list system (http://www.epls.gov) or (2) any ofthe above-
listed conditions become applicable to CONTRACTOR(S). The CONTRACTOR(S) will 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 Regard Debarment,
suspension, and Other Responsibility Matters.
40. DISCLOSURE OF SELF -DEALING TRANSACTIONS
This provision is only applicable ifthe CONTRACTOR(S) is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of this Agreement the
CONTRACTOR(S) changes its status to operate as a corporation.
Members ofthe 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 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 G) and submitting it
to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
41. SMOKING PROHIBITION REQUIREMENTS
18 CONTRACTOR(S) shall comply with Public Law 103-227, also known as the
19 Pro-Children Act of 1994 (20 USC Section et seq.), and with California Labor Code Section 6404.5,
20 the California Smoke-Free Workplace Law.
21 42. SEPARATE AGREEMENT
22 It is mutually understood by the parties that this Agreement does not, in any way,
23 create a joint venture among CONTRACTOR(S). By execution of this Agreement, CONTRACTOR(S)
24 understands that a separate Agreement is formed between each individual CONTRACTOR and
25 COUNTY.
26
27
43. SINGLE AUDIT CLAUSE
A. If CONTRACTOR(S) expends Five Hundred Thousand and No/1 00
28 Dollars ($500,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR(S) agrees
-46-
1 to conduct an annual audit in accordance with the requirements of the Single Audit Standards as set
2 forth in Office of Management (OMB) Circular A-133. CONTRACTOR(S) shall submit said audit and
3 management letter to COUNTY. The audit must include a statement of findings or a statement that
4 there were no findings. If there were negative findings, CONTRACTOR(S) must include a corrective
5 action plan signed by an authorized individual. CONTRACTOR(S) agrees to take action to correct any
6 material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to
7 COUNTY's DBH Finance for review within nine (9) months ofthe end of any fiscal year in which
8 funds were expended and/or received for the program. Failure to perform the requisite audit functions
9 as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at
10 COUNTY's option, contracting with a public accountant to perform said audit, or, may result in the
11 inability of COUNTY to enter into future agreements with CONTRACTOR(S). All audit costs related
12 to this Agreement are the sole responsibility of CONTRACTOR(S).
13 B. A single audit report is not applicable if CONTRACTOR(S)' Federal
14 contracts do not exceed the Five Hundred Thousand and No/100 Dollars ($500,000.00) requirement or
15 CONTRACTOR(S)' only funding is through Drug related Medi-Cal. If a single audit is not applicable,
16 a program audit must be performed and a program audit report with management letter shall be
17 submitted by CONTRACTOR(S) to COUNTY as a minimum requirement to attest to
18 CONTRACTOR(S)' solvency. Said audit report shall be delivered to COUNTY's DBH Finance for
19 review, no later than nine (9) months after the close of the fiscal year in which the funds supplied
20 through this Agreement are expended. Failure to comply with this Act may result in COUNTY
21 performing the necessary audit tasks or contracting with a qualified accountant to perform said audit.
22 All audit costs related to this Agreement are the sole responsibility of CONTRACTOR(S) who agrees
23 to take corrective action to eliminate any material noncompliance or weakness found as a result of such
24 audit. Audit work performed by COUNTY under this section shall be billed to the CONTRACTOR(S)
25 at COUNTY's cost, as determined by COUNTY's Auditor-Controller/Treasurer-Tax Collector.
26 C. CONTRACTOR(S) shall make available all records and accounts for
27 inspection by COUNTY, the State of California, if applicable, the Comptroller General of the United
28 States, the Federal Grantor Agency or any of their duly authorized representatives, at all reasonable
-47-
1 times for a period of at least three (3) years following final payment under this Agreement or the
2 closure of all other pending matters, whichever is later.
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44. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under Section
1861(v)(l)(I) ofthe Social Security Act, (42 USC§ 1395x, subd. (v)(l)[I]), until the expiration offour
(4) years after the furnishing of services under this Agreement, CONTRACTOR(S) shall make
available, upon written request ofthe Secretary ofthe United States Department of Health and Human
Services, or upon request of the Comptroller General of the United States General Accounting Office,
or any of their duly authorized representatives, a copy of this Agreement and such books, documents
and records as are necessary to certify the nature and extent of the costs of these services provided by
CONTRACTOR(S) under this Agreement.
CONTRACTOR(S) further agrees that in the event CONTRACTOR(S) carries
out any of its duties under this Agreement through a subcontract, with a value or cost of Ten Thousand
and No/100 Dollars ($10,000.00) or more over a twelve (12) month period, with a related organization,
such Agreement shall contain a clause to the effect that until the expiration of four ( 4) years after the
furnishing of such services pursuant to such subcontract, the related organizations shall make available,
upon written request of the Secretary of the United States Department of Health and Human Services,
or upon request of the Comptroller General of the United States General Accounting Office, or any of
their duly authorized representatives, a copy of such subcontract and such books, documents and
records of such organization as are necessary to verify the nature and extent of such costs.
45. ENTIRE AGREEMENT
This Agreement, including all RFA's, Amendments and Exhibits attached hereto,
constitutes the entire Agreement between the CONTRACTOR(S) and COUNTY with respect to the
subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings,
advertisements, publications, and understandings of any nature whatsoever unless expressly included
in this Agreement.
Ill
Ill
-48-
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3
PROVIDER(S):
5
6 By:.~~~~~~__:___!_~~I.A&1/ SEE EXHIBIT A
Deborah A. Poochigian, Chair:
7
8
9
10
Boar of Supervisors
11 BERNICE E. SEIDEL, Clerk
Board of Supervisors
12
13 By: ~ -tSf1a.) &Shop
14
Date: ~ .. 1~, r1D!6
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PLEASE SEE ADDITIONAL
SIGNATURE PAGES ATTACHED
-49-
1 APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
2
: By:---bL--(f--+--f-~-+----
5
6
APROVED AS TO ACCOUNTING FORM:
7 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
8 TREASURER-TAX COLLECTOR
1~ By: __ '--1.-=--'-~-·-&n_' _·_'l-_,--___ _
11
12
13 REVIEWED AND RECOMMENDED FOR
14 APPROVAL:
15By: ~~
16 Dawan Utecht, Director
17 Department of Behavioral Health
18
19
Fund/Subclass: 0001/10000
20 Organization:
FY 2015-2016
21 FY 2016-2017
FY 2017-2018
22 FY 2018-2019
23 FY 2019-2020
24
56302081
($192,000.00)
($194,880.00)
($197,803.00)
($200,770.00)
($203,782.00)
25 Account/Program: 7294/0
26
27
28 SE
-50-
1 Provider: KING OF KINGS COMMUNITY CENTER
2
3 By:-----;l~~t::-.£-~'----'-_,.,_~~'----b.c..r-''---
.----4
Print Name: ~fS rc OYC. tGq£{... JA-5 ---------~----~~---
6 Title: C /f74tft1YJ lfi'J 0 ( .fttt fx;Atrf
7 Chairman of the Board, President or Vice President
8
9 Date: rYJtt/ f-Jots
10
::s~~L-
:: PrintName: A/LdL_. . .leA-P?
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Secretary (of Corpor , Assistant Secretary,
Chief Financial Officer or Assistant Treasurer
18 Date~·-'-;{-/5
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1 Provider: WESTCARE CALIFORNIA, INC.
: By:~rGJLrf:
PrintName: ~f\\Dd I~· ,~eD\::~oS 5
6
Title: s\2-< Vf ~~~~~---------------------
7 Chairman of the Board, President or Vice President
8
9 Date:._-"'s-'-1-/--"'--f':-+--fJ_/ S.L-~----
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,:)_012-03
Title: u_ J\L c kLCI'f
Secretary orporation), Assistant Secretary,
Chief Financial Officer or Assistant Treasurer
Date: OS /01 /r!lOI ~
I I
-52-
PROVIDERS
Exhibit A
Page 1 of 1
FRESNO COUNTY SOBER LIVING SERVICES PROVIDERS
1. King of Kings Community Center
2302 Martin Luther King Jr. Blvd
Fresno, CA 93706
Attn: Executive Director
2. W estCare California, Inc.
1505 N. Chestnut Avenue
Fresno, CA 93 703
Attn: Senior Vice President
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
COUNTY OF FRESNO
REQUEST FOR APPLICATION
Exhibit B
HOUSING -SOBER LIVING ENVIRONMENT
CLOSING DATE OF APPLICATION WILL BE AT 2:00 P.M., ON 03/11/2015
DEPARTMENT OF BEHAVIORAL HEALTH
SUBSTANCE USE DISORDER SERVICES
515 S. CEDAR AVE, BUILDING 320
FRESNO, CA 93702
FAX: (559) 600-6089
ATTN:
SHARON ERWIN, STAFF ANALYST Ill
(559) 600-6061
Page 1 of7
Exhibit B
SOBER LIVING SERVICES
SCOPE OF WORK
ALCOHOL AND DRUG-FREE
HOUSING-SOBER LIVING ENVIRONMENT
INTRODUCTION
The County of Fresno, Department of Behavioral Health (DBH), Contracts Division-Substance
Use Disorder Services (SUDS) is requesting Applications for its Sober Living Services for adult
males and females who are concurrently enrolled in a County-contracted Outpatient Alcohol
and/or Other Drug (AOD) Treatment program. The community-based applicants shall provide
acceptable alcohol and drug-free housing, including three (3) meals per day, in a sober living
environment.
The agency or organization shall be in conformance with all county and local laws, and be a non-
profit agency. The agency providing Sober Living services shall be operational and able to
provide services as proposed effective July 1, 2015. The applicant shall be affiliated with a
licensed residential treatment program operating in Fresno County.
The County of Fresno is in the process of developing a broad continuum of services at different
levels of care. The Sober Living Environment services are one element of that continuum;
therefore, agencies must be willing to be flexible with partnering and coordinating with other
providers and services which are part of that continuum.
Sober Living environments are intended to provide alcohol and drug-free support for the
maintenance of a clean and sober lifestyle. Persons residing in the Sober Living facility are
expected to be actively engaged in becoming self-sufficient. To facilitate this objective and
encourage the resident's autonomy, the County of Fresno will implement a systematic reduction
of reimbursement for Sober Living services. The County of Fresno will fully reimburse costs of
the Sober Living services for the first sixty (60) days (day 1-day 60). For day sixty-one (61)
through day ninety (90) the resident is expected to pay 25% of the rate and the County will
reimburse the remaining 75% of the rate. Residents that have prior approval for an extension
beyond ninety (90) days and have successfully completed their outpatient treatment program will
be expected to pay 50% of the rate. The County will reimburse costs for the remaining 50% of
the rate for day ninety-one (91) through the approved extension period.
Residents who successfully complete their Outpatient treatment episode can obtain an extension
for up to an additional thirty (30) days of Sober Living services, at the 50% County
reimbursement rate, if the program meets the following requirements:
• An extension request must be approved by County one (1) week prior to Outpatient
treatment completion; and
Page 2 of7
Exhibit B
• The Sober Living resident must have a successful completion for the Outpatient treatment
program, as defined by ADP Bulletin 10-08, "Criteria/or Discharging Treatment Clients
using the CalOMS-Tx Completion Discharge Statuses", as Code 1 or Code 2.
For residents who have not requested an extension, the Sober Living agency will be eligible for
County reimbursement for no more than one (I) day after the participant's completion of their
Outpatient treatment episode.
Currently there are no state or federallicensures or certification required for Sober Living
Environment (SLE) programs; the County will only contract with those agencies that also
operate a State-licensed residential treatment program within Fresno County and meet or exceed
Level One (I) standards of the National Association of Recovery Residences as described in
Attachment A. The County prefers to have SLE placement options at various levels of care to
enhance our continuum of services. The applicant(s) must be a non-profit agency or
organization.
I. TARGET POPULATION
The target population includes adult male and female residents of Fresno County that are
concurrently enrolled in a County-contracted Outpatient Drug Free Treatment program.
II. SERVICE EXPECTATIONS
A Sober Living environment (SLE) applicant must be ready to begin providing services effective
July 1, 20I5. The successful applicant(s) will provide Sober Living environment services in
conformity and compliance with: (I) all local zoning and occupancy ordinances; (2) the County
Agreement, which includes County policies and procedures; (3) Office of Management and
Budget (OMB) Circular A-87 "Cost Principles for State, Local and Indian Tribal Governments";
and (4) OMB Circular A-I22 "Cost Principles for Non-Profit Organizations"; and (5) Cultural
and Linguistically Appropriate Services (CLAS) standards. Additionally, operators shall also
obtain a fire clearance and/or have a current fire clearance to operate a Sober Living facility and
shall comply with all occupancy ordinances and procedures.
The SLE shall maintain a complete daily census of all participants served and all statistical
information required by Fresno County, including but not limited to date participant entered
SLE, date Outpatient Treatment program was completed, date of County-approved SLE
extensions and date of SLE exit. The census will be submitted monthly with the SLE's invoice.
In addition, the program shall maintain complete records of services and provide all the data
necessary for reporting to the State of California, referral sources and the County, including
waiting list information.
The SLE shall fully describe its existing procedure for continuous quality management and
improvement with supporting documentation, as well as an evaluation component to determine
program effectiveness.
Page 3 of7
Exhibit B
The application shall include a cost per daily bed slot. Annual reimbursement of services will not
be paid in excess of the cost per daily bed slot established in the executed agreement. Applicants
have the option to receive an annual cost of living increase of no more than 1.5% of the previous
year's cost per bed slot. To receive the increase, applicants must request and justify it in their
application narrative.
III. LENGTH OF TREATMENT
The minimum length of Sober Living housing shall be one (1) day and the maximum length shall
not exceed one (1) day beyond discharge from the resident's Outpatient Treatment program, up
to ninety (90) total days. Upon advance County approval, a resident of the Sober Living facility
may reside in the program thirty (30) days beyond discharge from the Outpatient Treatment
program. This option only applies to clients who successfully complete the Outpatient Treatment
program as described above, and have obtained County approval for extension in advance.
The Sober Living provider shall obtain approval from DBH Contracts Division -SUDS to extend
a client's residency beyond the successful completion of their Outpatient Treatment program in
writing at least one (1) week prior to the resident's successful completion of the Outpatient
Treatment program. Extensions may be requested via email at: SAS@co.fresno.ca.us.
A. The successful applicant( s) will provide food and shelter in a residence which is self-
governed by the participants and conforms to the Fresno County Sober Living contract
requirements. The living environment shall be clean, sanitary and safe. Participants
pledge total abstention from alcohol and illicit drugs as a non-negotiable condition of
their continued residence.
Scope of Services:
• Shelter and food, which includes three meals per day;
• Sober Living facility shall be the participant's primary residence while enrolled;
• The successful applicant( s) shall develop an internal verification and tracking
process that ensures residents are enrolled and attending their outpatient treatment
program;
• Sober Living provider must be able and willing to exchange information of clients
enrolled in their Sober Living services with outpatient treatment providers;
• Ability to be flexible in meeting unique participant needs by including equal
access to those with disabilities, gender-specific services, and sensitive classes
that adhere to the National Standards of Culturally and Linguistically Appropriate
Services (CLAS) URL:
http://minorityhealth.hhs. gov/templates/browse.aspx?lvl=2&lvliD= 15
• Sober Living environment agencies must maintain a complete census of all
participants served and all statistical information required by Fresno County,
DBH Contracts Division-SUDS; and
• Provide participant with access to resources to locate permanent housing.
B. Services are designed to assist eligible residents of Fresno County to:
Page 4 of7
• Lead a productive alcohol and drug-free lifestyle; and
• Be self-sufficient.
IV. MANAGEMENT PLAN
Submit an organizational plan and management structure adequate and appropriate for
overseeing the proposed services.
Exhibit B
Page 5 of7
Exhibit B
V. AWARD CRITERIA
CAPABILITY AND QUALIFICATIONS
A. The County will contract with all applicants that meet the RF A requirements for a
combined total of no more than thirty (30) Sober Living bed slots. Initially, a total of
sixteen (16) Sober Living bed slots will be approved for contracting with the remaining
fourteen (14) beds slots added as needs increase. The allocation for each agency will be
determined based on the following:
1. Do the service descriptions address all the areas identified in the RF A? Will the
proposed services satisfy County's needs and to what degree?
2. The agency submitting the application shall demonstrate knowledge or awareness of
the problems associated with providing the services proposed and knowledge of laws,
regulations, statutes and effective operating principles required to provide this
service.
3. The amount of demonstrated experience in providing the services desired in a
California County.
4. Applicant meets or exceeds Level One (1) standards ofthe national Association of
Recovery Residences as described in Attachment A.
COPIES
Submit one (1) original of your Request for Application no later than the RF A closing date and
time as stated on the front of this document to County of Fresno, Department of Behavioral
Health, Contracts Division-Substance Use Disorder Services, 515 South Cedar Avenue,
Building 320, Fresno, CA 93702, Attention: Sharon Erwin.
ISSUING AGENT
This RF A has been issued by the County of Fresno, Department of Behavioral Health (DBH),
Contracts Division-Substance Use Disorder Services (SUDS). The DBH Contracts Division-
SUDS shall be the vendor's sole point of contact with regard to the RF A, its content, and all
issues concerning the RF A.
INTERPRETATION OF RFA
Vendors must make careful examination of the requirements, specifications and conditions
expressed in the RF A and fully inform themselves as to the quality and character of services
required. Any change in the RF A will be made only by written addendum, duly issued by DBH
Contracts Division-SUDS. The County DBH Contracts Division-SUDS will not be
responsible for any other explanations or interpretations.
RIGHT TO REJECT REQUEST FOR APPLICATION
The County DBH Contracts Division-SUDS reserves the right to reject any and all RF As and
to waive informalities or irregularities in the RF A.
Page 6 of7
Exhibit B
PROCEDURE FOR REQUEST FOR APPLICATION
The Fresno County Alcohol and Drug program Administrator or designee will implement the
following process by which County staff will solicit and accept new applications from
prospective Sober Living program providers:
Each year, prior to July 1, DBH-SUDS will review applications and program activity to
determine whether a need exists for additional program services and/or providers for Sober
Living Environment. As demand increases the DBH Director will have the discretion to increase
beds and/or add new providers.
TERM
The initial agreement shall be July 1, 2015 through June 30, 2018 with two (2) additional twelve
(12) month periods upon mutual consent of the parties.
TERMINATION
This agreement may be terminated by the County at any time upon a thirty (30) day written
notice.
Page 7 of7
Exhibit C
APPLICATION FOR SOBER liVING ENVIRONMENT SERVICES
County of Fresno, Department of Behavioral Health, Contracts Division -Substance Use
Disorder Services
Applicant Name: King of Kings Mailing Address {if different):
O•iuiim:i ty Center SAME
Address: 2,302 Martin L. King, Jr. Blvd. Address: SAME -.
City: Fresno State: CA City: State:
Telephone: (559)442-0400 Zip Code: 93706 Telephone: Zip Code:
Application Filed by (check all that apply):
0 Sole Proprietor ~ Corporation 0 For-Profit
0 Partnership ~Non-Profit 0 County-Operated
Provider shall agree to comply with the Request for Application Sober Living Environment Services scope of work and
requirements of the RFA .
. :. ' i!feq~e:ii&,li~h~tirli;s/ibii~~:,i~A,.~F~i'~'iifi.·~iiouh.d'in @i~t~ii!;~~~ft!~~.lfij!~"!l~rfl:¢fj~e}[tf.' ~-: . · ·
SOBER LIVING HOUSING SERVICES FOR COUNTY USE ONLY
Number of proposed beds available per day: -06--Amount requested by provider: $ -
Number of proposed annual bed days (Units of Approved maximum contract
9 "''ice): 2190 amount for FY 2015-16: $58,627.00
l_ Jc per bed day (Units of Service): $26.77
PROGRAM INFORMATION
Program Nalfie: King of Kings Transitiana1 Remit to Address (if different):
King of Kings 011nmity SUpport C street Hoose
Address: 557 c street Address: 2302 Martm L. King, Jr • .l:ilva.
City: Fresno State: C'A. City: Fresno State: CA
Telephone: (559 )442-0400 Zip Code: 93706 Telephone: [559)442-0400 Zip Code: Y.:S /UO
Name(s) and location(s) of other proposed sober living service sites owned or operated by the applicant(s):
c street House 557 c street, Fresno, california 93706
Name Address City .' State Zip Code
Name Address City State Zip Code
Progcam Directo~~ Telephone: (S59)
442
--MOO
.' Signature: ate: March 10, 2015
I
RFA HOUSING-SOBER LIVING ENVIRONMENT
J(ing or Kings
-
COMMUNITY CENTER'S
Administration Office
2302 Martin L. King Jr. Blvd.
Fresno, California 93706-4135
(559) 442-0400, Fax (559) 442-0401
E-Mail: Adminkokl@netzero.net
Exhibit C
JESSE RODRIGUEZ, JR.
CHAIRMAN OF THE BOARD OF DIRECTORS
ROBERT SINGLETON
EXECUTIVE DIRECTOR
March 10,2015
Ms. Sharon Erwin, Staff Analyst III
County ofFresno Department of Behavioral Health (DBH)
Contracts Division-Substance Use Disorder Services (SUDS)
515 South Cedar A venue, Building 320
Fresno, California 93702-3604
Dear Ms. Erwin:
The King of Kings Community Center is a non-profit, community based organization, incorporated
by the State of California, in the County of Fresno. We are pleased to submit our bid for the County
of Fresno's Housing-Sober Living Environment, Request for Application.
The services will be provided for men (only).
Our address and telephone number (including our agency's fax number) is:
King of Kings Community Center
2302 Martin Luther King Jr., Boulevard
Fresno, California 93706-4135
Office Telephone: (559)442-0400, Fax Telephone: (559)442-0381
If you have any questions regarding this Request of Application, please do not hesitate to contact Mr.
Robert Singleton, Executive Director at (559) 442-0400. If you need to contact Mr. Singleton
utilizing E-mail, his E-mail address is Rob lkok@netzero.net.
Sincerely, h~t-·
Chairperson, Board of Directors
RJ:raa
4
(
\..,.
Exhibit C
RFA NO. 561109508
IV. A-1 SERVICE DESCRIPTION:
The King of Kings Community Center is a non-profit community based organization that has
continued to provide transitional support/sober living environment housing services for adult
men in the County of Fresno for more than twenty-two (22) years.
In 1993, King of Kings was the first agency in Fresno to establish a Sober-Living Home.
The primary purpose of the Sober-Living Home was to establish transitional support
services, provide an alcohol and drug-free environment and support for the maintenance of a
alcohol and/or drug free lifestyle. This facility was located in West Fresno.
The Transitional Support Component/Sober Living Facility provides an environment to assist
men transition into and maintain sobriety. The transitional support component/sober living
facility provides:
);;-Shelter and food, that includes three (3) meals per day;
);;-A primary residence for the male participant(s) who maybe currently enrolled in a
County-contracted Outpatient Alcohol and/or Other Drug (AOD) Treatment
Program;
);;-An environment that is clean, sanitary and safe;
);;-A component that is self-governed by the male participants; and
> Male participants that pledge total abstinence from the use of alcohol and/or other
drugs.
The King of Kings Transitional Support Component/Sober Living facility will meet the
needs that are addressed in the County ofFresno's Department ofBehavioral Health (DBH),
8
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
Contracts Division-Substance Use Disorder Services (SUDS) Request for Application
Housing-Sober Environment by providing sober living services at 557 "C" Street, Fresno,
California 93706-3806.
The "C" Street facility was established in 1998 and has continued to provide transitional
support/sober living housing and referrals for ancillary services.
Therefore, tlte facility is operational and able to provide services as proposed in the
Request (or Application effective Julv J, 2015 and upon tlte execution oftlte contract
agreement.
The housing-sober living environment services will be provided to adult male residents of
the County of Fresno, age 18 or over who are concurrently enrolled and are participating in a
County contracted Outpatient Alcohol and/or Other (AOD) Treatment Program.
The King of Kings Transitional Support Component is affiliated with the King of Kings
Men's Recovery Home. The Men's Recovery Home is licensed and certified by the State of
California Department of Health Care Services (formerly the Alcohol and Drug Programs) to
operate and maintain an adult residential alcohol and/or drug abuse recovery or treatment
facility (please see Attachment A).
The King of Kings Community Center's Men's Recovery Home has maintained current
licensing and alcohol and/or other drug program certification from the State of California
since 1980.
Housing-Sober Living Environment services provided by staff of the King of Kings Com-
9
'I j
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
munity Center's Transitional Support Component/Sober Living Environment facility are
designed to assist the male participant to:
~ Lead a productive alcohol and drug-free lifestyle; and
~ Become self-sufficient.
As ofNovember 2010, King of Kings has served more than 150 adult male consumers of the
County of Fresno. The Transitional Support Component-Facility/Sober Living Environment
is an environment that provides proactive support for men who are recovering from alcohol
and/or other drugs.
10
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
V. A-2 KING OF KINGS COMMUNITY CENTER'S SUBSTANCE USE DISORDER
(SUD) TREATMENT PROGRAMS' DEMONSTRATED KNOWLEDGE AND
A W ARNESS OF PROBLEMS PROVIDING SERVICES:
The purpose ofthe King of Kings Community Center's Men's Transitional Support/Sober
Living Facility is to provide a supportive environment that is free from the use of alcohol
and/or other drugs. Otherwise individuals seeking sobriety and/or recovery from the
problems they have experiences from their use of alcohol and/or other drugs would find
themselves limited to housing space that is not conducive to recovery.
The King of Kings Community Center's Transitional Support Component/Sober Living
Home includes services for adult males in the metro Fresno area and the County of Fresno.
Where feasible, services are to be provided using gender specific responsive models.
As a service provider, the King of Kings Community Center shall use recognized best
practices/evidenced based/model programming. It is our goal to provide housing-sober
living environment services under the Service Expectations of the County of Fresno's
Request for Application Housing-Sober Living Environment shall pertain to levels of
services.
Scope of Services: The Scope of Services of the King of Kings Community Center and
specific requirements that the King of Kings has established and will follow with regards
to the general requirements of the County of Fresno's Request for Application Housing-
Sober Living Environment include, but may not be limited to:
12
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
1) Providing shelter and food for the male participants which includes three (3)
meals per day;
2) While the male participants receive outpatient alcohol and/or other drug use
treatment services from a County of Fresno contracted AOD Treatment Program,!!
is the expectation of the male participant residing in the sober living facility to
be actively engaged in becoming self-sufficient;
3) The King of Kings Transitional Support Component/Sober Living Facility
shall be the male participant's primary residence while enrolled. The services
are designed to provide an alcohol and drug free environment with structure and
supervision to further a participant's ability to improve and enhance his level of
functioning;
4) The Senior Treatment Director/Counselor of the Men's Recovery Home will be the
designated staff person who will oversee the Transitional Support
Component/Sober Living Facility;
5) The Senior Treatment Director/Counselor of the Men's Recovery Home will be the
designated staff person who will ensure male participants are enrolled and are
attending and participating in their outpatient treatment program/regimen;
6) The Senior Treatment Director/Counselor will be the designated staff person who
will be able and willing to exchange information of the male participants en-
13
(
RFA HOUSING-SOBER LIVING ENVIRONMENT
rolled in the Transitional Support/Sober Living Facility with the male
participant's Outpatient Service Provider;
Exhibit C
7) The Senior Treatment Director/Counselor will be the designated staff person who
will be responsible in meeting the unique participant needs by including equal
access to those with disabilities, gender-specific services, and sensitive classes
that adhere to the National Standards of Culturally and Linguistically
Appropriate Services (CLAS);
8) The Senior Treatment Director/Counselor will provide the participant with access
to resources to locate permanent housing; and
9) The Quality Assurance/Data Collection Specialist is the designated staff member
who will assist the Senior Treatment Director/Counselor ofthe Men's Recovery
Home to maintain a complete census (please see Attachment B) of all male
participants served and ensure that all statistical information required by the
County of Fresno Department of Behavioral Health (DBH), Contract Division
-Substance Use Disorder Services (SUDS) is completely accurate.
In addition, residents who successfully complete their Outpatient treatment
episode/regiment can obtain an extension of their ninety (90) days sober living housing
services for up to an additional thirty (30) days of sober living housing services, at the 50%
14
I
\
RFA HOUSING -SOBER LIVING ENVIRONMENT
County reimbursement rate, if the King of Kings Community Center's Transitional
Component/Sober Living Home meets the following requirements:
• An extension request must be approved by County one (1) week prior to
Outpatient treatment completion; and
• The Sober Living resident must have a successful completion for the
Outpatient treatment program, as defined by ADP Bulletin I 0-08, "Criteria
for Discharging Treatment Clients using the CalOMS-Tx Completion
Discharge Statuses", Code 1 or Code 2.
15
Exhibit C
J D
/
!
\
Exhibit C
RF A HOUSING -SOBER LIVING ENVIRONMENT
Management Plan:
The organizational plan and management structure of the King of Kings Community
Center and its Transitional Support Component/Sober Living Facility include professional
staff trained in providing residential long-term (31-days or more) substance use disorder
treatment services.
The staff members ofthe King ofKings Community Center listed below has demonstrated
sufficient knowledge in the field of substance use disorder treatment services. The
delineation of lines of authority for this project and for the agency is listed below:
a The Executive Director;
Q The Senior Treatment Director/Counselor;
a Residential Support Staff; and
a One Administrative Quality Assurance/Data Collection Specialist.
Executive Director:
Mr. Robert Singleton has more than twenty-five (25) years of professional
experience working in the field of Substance Use Disorder Treatment Services. He
began serving in the capacity as the Executive Director of the King of Kings
Community Center in November 2005.
The Executive Director oversees the overall administration of programmatic,
financial, and management activities of the agency. Mr. Singleton will hire treatment
16
(
RFA HOUSING-SOBER LIVING ENVIRONMENT
staff, financial staff, oversee the budget process, monitor the organization's activities,
and will insure the Board of Directors receives financial data.
The Executive Director provides basic data for cost accounting and for program
budget monitoring.
The Executive Director works closely with the Treasurer of the Board of Directors,
supervises plans and coordinates the work activities of the overall King of Kings
organization. Mr. Singleton has:
);> Twenty-five (25) years of Administrative experience and capabilities
including budgeting responsibilities and personnel management;
);> Demonstrated knowledge of applicable state and federal regulations;
);> Twenty (20) years of experience supervising personnel; and
Exhibit C
);> Twenty-five (25) experience managing program budget including
preparing and directing the preparation of budgets and costs reports.
);> Certification in clinical supervision and alcohol and other drug use
treatment counseling; and
>-Twenty-five (25) years of experience providing direct alcohol and/or
other drug treatment or recovery services.
The Executive Director reports to the Board of Directors.
Senior Treatment Director/Counselor:
Mr. Donald Walker, CADC II has more than twenty-six (26) years of experience of
providing direct residential substance use disorder treatment services and will be
17
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
responsible in overseeing the Transitional Support Component/Sober Living Facility.
Mr. Walker's experience includes intake interviews, client exit conferences, and/or
assessments of client's substance use disorder(s) (alcohol and/or other drug use
problems).
Mr. Walker is certified by the California Consortium of Addictions Programs and
Professionals (CCAPP) as a Certified Alcohol and Drug Counselor II CA and has
vast experience in providing residential treatment services that also includes more
than twenty (20) years of facilitating:
Individual Treatment Sessions, Primary Group Counseling Sessions, Alcohol
and Other Drug Education Sessions, Family/Significant Other(s) Group
Sessions, Family/Significant(s) AOD Education Sessions, Treatment
Planning, Collateral Sessions, Crisis Intervention, Exit Planning, Discharge
Summary Preparation, Case Management, Anger Management, and ancillary
referral services.
Mr. Walker also has more than three (3) years of college-level education in Human
Services -Alcoholism and Drug Counseling and began overseeing the Transitional
Support Component/Sober Living Facility "C" Street home in 1998.
Support Staff:
Residential support staff will be available on a twenty-four (24) hour basis to support
the Senior Treatment Director/Counselor (Mr. Donald Walker, CADC II) and the
male participants of the sober living facility.
Each employee must have First Aid, Adult and Infant CPR training and must have
tuberculosis (TB) test clearance. TB tests must be completed for each employee not
18
RFA HOUSING-SOBER LIVING ENVIRONMENT
more than sixty ( 60) days prior to or seven (7) days after employment with TB testing
renewable every year.
Administrative Quality Assurance/Data Collection Specialist:
The Administrative Quality Assurance/Data Collection Specialist is designated by
and reports directly to the Executive Director. The duties include:
~ Shall maintain complete census of participants, submit billing invoices
and activity reports (please see Attachment C); and
~ Provide quality assurance and technical assistance to the Senior
Exhibit C
Treatment Director/Counselor.
Minimum requirements are as follows:
The King of Kings has written guidelines specifying the requirements to be employed
with the agency. Staff must have sufficient knowledge in the field of alcohol and/or
other drug use treatment, principals of recovery, and counseling.
Administrative staff of the agency also insures that individuals seeking employment
meet the minimum requirements. No more than one (1) year of college-level
education may be substituted with alcohol and other drug counseling experience.
All documentation of work experience and education must and will be verified. The
agency has written guidelines specifying the requirements to be employed by the
agency.
No counseling staff employed by the agency shall have a history or evidence of
alcohol and/or other drug use for no less than two (2) years prior to their date of hire
19
Exhibit C
RFA HOUSING-SOBER LMNG ENVIRONMENT
for the position of counselor. Ifthe counselor indicates he/she is recovering, he/she
shall have two years of continuous sobriety.
Program/Project Managers/Directors shall have a minimum of four (4) years
continuous sobriety if recovering.
The King of Kings Community Center has a commitment to recruit and retain highly
skilled and trained staff sensitive to the unique needs of the at-risk substance abusing
male consumers of the County of Fresno.
Awareness of the Problem Associated with AOD Treatment:
Outpatient services are provided as a nonresidential alcohol and/or other drug service in
which a participant is provided a minimum oftwo counseling sessions per 30-day period.
Outpatient services are designed to provide a participant with tools of recovery and assist
the participant to utilized those tools in an alcohol and drug free environment with
structure and supervision to further a participant's ability to improve his/her level of
functioning.
It is the expectation that a significant number of clients will be transferring to the Outpatient
(non-residential) service level upon completion of a primary level of care such as residential
into intensive outpatient and/or intensive outpatient to relapse prevention level. Clients may
be a direct referral/admission to the all three levels of outpatient services. Therefore, the
agency will need to provide service levels that are flexible to meet client needs. It is the
expectation that the outpatient service provider will have varying "tracks" (step down)
developed to provide a continuum of outpatient services from intensive to lower level of care.
Many male participants in outpatient treatment programs need more of a supportive plan of
20
RFA HOUSING-SOBER LIVING ENVIRONMENT
action. In that case, a more supportive option would be while in outpatient treatment that the
participant live in a sober living home that provides a safe place for men who need more time
in a drug-free environment away from temptation where they can continue to heal before
returning home.
The King of Kings Community Center's Transitional Component/Sober Living Home
offers a sober living option for those men who need it. The facility is conducive to healing
and growth.
Exhibit C
Few really understand what exactly a sober living home is unless they've lived in one or
visited a family member or friend who was a resident. Most assume they are one step up
from the projects with someone standing guard to make sure that residents don't use drugs
or alcohol. The King of Kings Transitional Support Component/Sober Living Facility is a
house that is inhabited by groups of people who's one thing in common is that they are
newly in recovery, working with a continuity of care treatment regimen, and require an
alcohol/drug-free living space.
The participants have "Participant's Rights and Responsibilities" (please see Attachment
D). There is zero tolerance of the use of alcohol and/or other drugs and no alcohol or
drugs are allowed on the premises in any form at any time (please see Attachment E). If a
participant leaves for any reason, it is expected that they return sober and without having
used any non-prescribed mood and/or mind altering substance(s).
21
Exhibit C
RFA HOUSING-SOBER LIVING ENVIRONMENT
There are curfew restrictions that apply as well and there are responsibilities for the
participants on-site (please see Attachments F & G).
Other than that, participants will be free to develop and/or continue enhancement of their
individual recovery or treatment plan, individual therapy sessions and join relevant groups
(i.e. outside self help support groups such as Alcoholics Anonymous and/or Narcotics
Anonymous).
The King of Kings Community Center agrees to provide sober living services in
conformity and compliance with:
~ All local City of Fresno zoning laws and occupancy ordinances;
~ Having current fire clearances to operate a Sober Living Facility;
~ The County of Fresno Agreement, which includes County policies and
procedures;
~ Office of Management and Budget (OMB) A-87, "Cost Principles for State, Local
and Indian Tribal Governments";
~ OMB Circular A-122, "Cost Principles for Non-Profit Organizations";
~ Cultural and Linguistically Appropriate Service (CLAS) Standards; and the
~ Meeting or exceeding Level One (1) Standards of the National Association of
Recovery Residences.
The King of Kings Community Center also agrees to be in full compliance with the County
of Fresno Department of Behavioral Health (DBH) Contracts Division -Substance Use
Disorder Services' (SUDS) agreement/contract which may also include, but may not be
22
RFA HOUSING-SOBER LIVING ENVIRONMENT
limited to:
~ U.S. Department of Health and Human Services Public Health Services, 42 CFR
Part 2 Confidential of Alcohol and Drug Abuse Patient Records; Final Rule
(Federal Confidentiality Rules);
);:> Single Audit Act of 1984 (PL 98-502) and the Single Audit Act Amendments of
1996 (PL 104-156) and corresponding OMB Circular A-133 (Revised June 30,
1997).
The King of Kings Community Center will also ensure that staff and any participant referred
to the Transitional Support Component/Sober Living Facility sign necessary forms to
facilitate the internal verification process that ensures adult male participants of the facility
are enrolled and are attending their outpatient treatment program.
The Executive Director will ensure that any necessary Memorandum of Understanding is
developed with the County ofFresno contracted Outpatient Drug-Free Treatment Program to
maintain processes of communication and exchange of information with regards to the adult
male participant's date of admittance, days and times of treatment sessions/groups,
anticipated date of AOD treatment program completion, any present use of alcohol and/or
other drugs and obtain a copy of the participant's discharge summary.
The Senior Treatment Director/Counselor will have the participant sign a Consent of
Disclosure of Participant/Patient/Client Information Release of Confidentiality (please see
Attachment H) agrees to be in full compliance with the County of Fresno Department of
Behavioral Health Substance Abuse Services' agreement/contract.
23
Exhibit C
Exhibit C
RFA HOUSING -SOBER LIVING ENVIRONMENT
VI. A-3 KING OF KINGS COMMUNITY CENTER'S DEMONSTRATED EXPERIENCE
IN PROVIDING SERVICES DESIRED IN A CALIFORNIA COUNTY:
The King of Kings Community Center currently has a contract with the County of Fresno
Deprutment of Behavioral Health, Contracts Division-Substance Use Disorder Services
(SUDS) under Request for Application Number 561109508 and has been providing Sober
Living Housing Services under that contract since February 2011. The agency has held and
has had similar contracts renewed with the County of Fresno for more than thirty (30) years.
The King of Kings Community Center's Men's Recovery Home has provided long-term (31-
days or more) residential substance abuse treatment and sober living housing to male
parolees of the County of Fresno. That contract was with the County of Fresno and the
Parolee Services Network (PSN), Contract Agreement 03-257. The contract was awarded
June 17, 2003, for Fiscal Years July 1, 2003 through June 30, 2004, with provision for two
(2) additional twelve (12) month auto renewal periods thereafter until June 30, 2009.
Monthly reports were provided to the consumer's parole officer and were also provided to
the Staff Analyst assigned by the County of Fresno Department of Behavioral Health. The
Men's Recovery Home has continued to be licensed and certified to provide residential
treatment services from the State of California Alcohol and Drug Programs from 1980 to
present.
The King of Kings Men's Recovery Home also provided sober living services to participants
of Proposition 36/Substance Abuse Crime Prevention (SACPS) of2000 from June 2000
25
......
RFA HOUSING-SOBER LIVING ENVIRONMENT
July 30, 2006.
Staff of the King of Kings Community Center's Substance Use Disorder Treatment Programs
has provided therapeutic habilitative treatment and has continued to demonstrate and perfotm
quality substance use disorder treatment services for male and female residents of the County
of Fresno and the State of California for more than thirty (30) years.
26
Exhibit C
Exhibit C
APPLICATION FOR SOBER LIVING ENVIRONMENT SERVICES
County of Fresno, Department of Behavioral Health, Contracts Division -Substance Use
Disorder Services
Applicant Name: WestCare California, Inc. Mailing Address (if different):
Address: 1505 N Chestnut Avenue Address:
City: Fresno State: CA City: State:
Telephone: 559.251.4800 Zip Code: 93703 Telephone: Zip Code:
Application Filed by {check all that apply):
0 Sole Proprietor B Corporation D For-Profit
0 Partnership 0 Non-Profit 0 County-Operated
Provider shall agree to comply with the Request for Application Sober Living Environment Services scope of work and
requirements of the RFA.
Please attach a response to A1, A2, and A3, found in Exhibit 8, Section 1\1, Award Criteria.
SOBER LIVING HOUSING SERVICES FOR COUNTY USE ONL V
Number of proposed beds available per day: 10 Amount requested by provider: $ 102,200.00
Number of proposed annual bed days (Units of Approved maximum contract
Service): 3,650 amount for FY 2015-16: $102 200.00
Cost per bed day (Units of Service): $28.00
PROGRAM INFORMATION
Program Name: Mckinney Plaza Sober Living Program Remit to Address (if different):
Address: 1388 E Bulldog Lane Address: 1505 N Chestnut Avenue
City: Fresno State: CA City: Fresno State: CA
Telephone: 559.251.4800 Zip Code: 93710 Telephone: 559.251.4800 Zip Code: 93703
Name(s) and location(s) of other proposed sober living service sites owned or operated by the applicant(s):
AZP Sober Living Program 4605 E Liberty Avenue Fresno CA 93720
Name Address City State Zip Code
Name Address City State Zip Code
Program Director: Shawn Jenkins Telephone: 559.251.4800
--------------~--~-------
s;gnature: ~{;0 1(th Date: l-{h/t (
W~ST(AR~
FRESNO COUNTY SOBER LIVING SERVICES
Submitted: March 11, 2015
1. Do the service descriptions address all the areas identified in the RFA?
Will the proposed services satisfy County's needs and to what degree?
SERVICE EXPECTATIONS
WestCare California, Inc. (WCCA) is prepared to provide the full array of SLE services
requested effective July 1, 2015 as we are a current provider of these services for Fresno County.
WCCA is a non-profit organization and operates a state-licensed residential treatment program in
Fresno County which meets the Level One (1) standards set forth by the National Association of
Recovery Residences. WCCA will continue to provide SLE services in conformity and
compliance with all local zoning and occupancy ordinances; the County Agreement which
includes County policies and procedures; Office of Management and Budget (OMB) Circular A-
87 "Cost Principles for State, Local, and Indian Tribal Governments"; OMB Circular A-122
"Cost Principles for Non-Profit Organizations"; and Cultural and Linguistically Appropriate
Services (CLAS) standards. WCCA maintains a current fire clearance to operate a SLE facility
and complies with all occupancy ordinances and procedures. WCCA will provide SLE services
as requested by Fresno County at the rate of$28 per daily bed slot.
Sober Living Program Description
WCCA is an experienced provider of substance abuse treatment and therapeutic activities for
men and women and is a current contractor for Sober Living Environment (SLE) services for the
Fresno County Department of Behavioral Health. WCCA desires to continue providing SLE
services for Fresno County by offering safe, secure, clean, and sober housing for the targeted
individuals. To address clients' needs, WCCA's services include comprehensive assessments;
individual treatment planning; trauma informed/gender-responsive care; substance use
counseling (individual, group and family); primary medical care; testing for HIV and HCV;
mental health services; medication adherence; life skills and health education; random drug
testing; peer support groups, social and recreational activities; parenting skills development;
vocational skills training; relapse prevention programs; transportation assistance; case
management and advocacy; housing assistance; job placement; and legal assistance.
1
Exhibit C
WCCA operates its SLE programs at two (2) sites centrally located to essential and ancillary
community services. While the Sober Living Modality does not have a treatment component, it
is part of a treatment continuum and provides food, shelter, and transportation assistance.
Clients residing in the SLE transitional housing live cooperatively in individually-maintained,
independent units of an apartment complex. Though collectively the residents constitute a
recovery community, they do not live communally. For this program, WCCA will continue to
use its SLE facility located at McKinney Plaza, 1388 E. Bulldog Lane, Fresno, California 93710
to accommodate men. This facility uses apartments with two (2) bedrooms and one bath each to
house twenty (20) SLE participants on a "shared housing" basis. Women, and women with
children, will reside at our Alpha Zeta Phi (AZP) Campus at 4605 E. Liberty A venue, Fresno,
California 93702 with similar access to all community-based services. McKinney Plaza and
AZP are located in a central area of the City of Fresno with convenient bus and bike routes so
residents can access markets, restaurants, shopping centers, employment centers, veterans'
programs, community education, and a host of vital resources. A sense of community is
maintained at our SLE facilities, and the units have been recently renovated and are meticulously
maintained. A house manager and maintenance worker are employed by WCCA and live on-site
to provide a safe and sanitary environment through regular monitoring and maintenance of the
physical facility, ongoing oversight of residents and daily activities, and continued
encouragement for residents. The house manager ensures that the Sober Living/Transitional
Housing Rules, including the zero tolerance for drug or alcohol use, are strictly enforced. When
treatment issues arise, he/she meets with the treatment program's case management staff for a
case conference. This ensures that issues are addressed in a timely manner and within the
treatment modality. To promote communication, each facility maintains telephones and has an
information board for posting of announcements, house rules, sign in/out logs, inspirational
quotes, job announcements, job development activities, job fairs, "house meetings" schedules,
and other shared infonnation. The facilities have the following physical amenities: an enclosed
on-site laundry room with two full-size washers and dryers and a utility sink; patio, exercise, and
recreation areas; and parking stalls which are available for use by residents. AZP also has a
children's play area and high, secure fences. Each unit within the facility has its own separate
gas and electric meters and capability for a separate phone line.
WCCA's SLE staff has daily contact with participants while they reside at the residential facility.
SLE participants are assessed and referred to community partners for ancillary services such as
medical benefits, employment assistance, and mental health services. SLE staff includes out-
patient counselors in the discussion of problems that arise at the SLE facility. On a regular basis,
SLE staff collects and reviews updates on each individual's attendance in treatment, verifies
urinalysis results, and monitors the participant's progress in treatment and their eligibility to
continue in the SLE progran1. Should a problem occur with a participant's adherence to the
outpatient treatment progran1, outpatient counselors are instructed to immediately contact SLE
staff.
Length of Treatment
WCCA understands that participants in the SLE may stay for as little as one day and up to 120
days (should the County approve a 30-day extension beyond the 90-day initial limit). As a
current SLE contractor with Fresno County, WCCA is familiar with the requirements regarding
length of stay, procedure for extensions, reimbursement percentages, and mandated services
2
Exhibit C
which must be provided for all participants. WCCA's current SLE program offers (and will
continue to offer) twenty (20) adult beds in resident-governed, home-like, substance-free living
environments. Comprehensive supportive services include substance abuse assessment (as part
of outpatient services), long-and short-term supportive housing, access to mental health services,
therapeutic child care for the children of pregnant women and parents currently enrolled in
treatment, 12-Step Narcotics Anonymous and Alcoholics Anonymous meetings on site (in
addition to other non-secular treatment programming); urinalysis testing, and resource
coordination, linkages, and referrals for transportation assistance, job readiness workshops, and
employment assistance. Placements, lengths of stay, and specific services are individualized,
pru1icipant-centered, and appropriate for each person's needs and desires.
WCCA understands that individuals accepted under this contract and residing at the SLE facility
will be concurrently enrolled in a County-contracted Outpatient Drug Free Treatment program.
As such, services will be coordinated with the outpatient treatment provider as necessary and
appropriate to ensure a holistic approach to treatment. All services provided by WCCA are
culturally and linguistically appropriate and adhere to CLAS guidelines. WCCA staff works to
build relationships with participants and coordinate their needs with available services in Fresno
County including assistance locating, securing, and maintaining stable housing. WCCA is an
active participant in the Fresno Madera Continuum of Care and will utilize the Coordinated
Assessment and Housing Match system and partner organizations to assist SLE participants
obtain suitable housing in which to live once their time at the SLE facility is complete.
The goals of the SLE program are to assist participants to:
• Lead a productive alcohol and drug free lifestyle focusing on physical and emotional
wellness.
• Become self-sufficient and transition to permanent housing.
• Upgrade their financial literacy/educational/vocational skills and engage in effective job
development activities which support achievement and sustainability of the first two
goals.
Data Management and Evaluation
WCCA embraces the concept of continual review and evaluation in order to make appropriate
program adjustments to ensure the effective and efficient delivery of services and has established
procedures to ensure adherence to this belief. Therefore, WCCA will gather data and conduct
process and outcome evaluations for the SLE program. To comply with data gathering and
reporting requirements as set forth by Fresno County Behavioral Health Services, WCCA will
maintain a complete census via our data management system of all participants' served and their
statistical information. Data will be reviewed by program management staff to assess the
performance, outcomes, and effectiveness of the SLE program on a quarterly basis throughout
the life of the contract. Pat1icipant data gathered will include demographics along with dates of
entry into and exit from program (including any approved extensions). WCCA will also gather
and maintain records of services provided and submit data required for reporting to the State of
California, referral sources, and Fresno County. lnf01mation required by Fresno County will be
submitted monthly with the SLE invoice. Additional data will be gathered to track outcomes
such as maintenance of a drug-free life, and working towards re-entry to the community as a
3
Exhibit C
productive, self-sufficient, crime-free individual; and determine program effectiveness. Staff
will track outcomes based upon such criteria as admission versus positive discharge (completion
rates), negative urinalysis testing (as reported by the primary counselor ofthe non-residential
counseling program in which the SLE participant is co-emolled), and progress toward achieving
educational and employment goals. WCCA's procedures for data collection and quality
assurance are attached to this proposal as supporting documentation. Briefly, WCCA's
procedures for quality improvement, process evaluation, outcome evaluation, and data analysis
are as follows:
Data Use and Interpretation for Continuous Quality Improvement (CQI): WCCA is a data driven
organization and consistently uses CQI as an ongoing effort to improve products, services and
processes. WCCA constantly evaluates and improves processes and outcomes in the light of their
efficiency, effectiveness, and flexibility. WCCA currently has a CQI process that it routinely
uses with its existing programs. This project will utilize the same structured CQI strategy
(PDSA: Plan-Do-Study-Act) and processes. (1) Identify and describe the deviation, barrier, or
unexpected outcome; (2) Generate a fishbone diagram to define all possible causes; (3) Collect
data to identify the cause related to the problem and pinpoint the area for intervention; (4)
Implement a corrective action; and (5) Collect monitoring data to determine the effectiveness of
the action. In addition, WCCA adheres to the NIATx model (which is endorsed by SAMHSA)
for the PDSA cycle, allowing for rapid, repeated, and efficient change to ensure high quality
processes and program performance as well as timely change.
WCCA will conduct at least quarterly reviews of it process data and immediate and intermediate
outcome data. This is crucial since it will enable the program to document program components
that work well and assess where improvements need to occur; and make timely adjustments in
activities and programming to better address the desired outcomes. Routine analysis will include
the following measures: demographics; methods of recruitment; attendance; attrition; planned
and unplanned adaptations; cultural problems/issues; indicators ofunmet needs; participant
changes in knowledge, attitude, and behavior at program completion and 6-months post
completion as they relate to the goals and objectives. In addition to the quarterly analyses,
annual and cumulative year-to-date analyses also will occur. The analyses for the CQI activities
will parallel those for the performance assessment to ensme that the project is attaining the
program goals and objectives.
Process Evaluation: Process evaluation will consist of three components. (1) Implementation
Fidelity will track and evaluate implementation of the project, determine adherence to specified
timeframes, identify barriers to implementation, and describe deviations from the
Implementation Plan. Evaluation will use a systematic Performance Improvement strategy to
identify and define baiTiers, define strategies to reduce them, and collect and analyze data to
determine effectiveness of barrier reduction. (2) Fidelity Monitoring will ensure tl1at evidence-
based program (EBP) implementation is faithful to the models and will allow the early detection
and correction of deviations as well as assist in planning and monitoring any modifications. This
will occur by: (a) provision of initial and ongoing training on the EBPs; (b) quarterly review of
clinical records to ensure they captme the core elements ofthe EBPs; and (c) random direct
observation of program activities by the Research Assistant. The Evaluator will provide
feedback to the staff regarding adherence and will assist in developing a professional
4
Exhibit C
development plan for the clinicians to increase fidelity. In this instance, random monitoring will
occur more frequently until the clinician reaches acceptable fidelity levels. (3) Participant
Perceptions are an important factor in assessing and understanding program effectiveness and
provide invaluable insights into why the program is working and/or how to improve program
performance. Participants will be asked to complete surveys to determine their view of and
satisfaction with services. Surveys will be anonymous and client-level data only will be
available to the Evaluation Team. The Evaluator will compile a report and disseminate it to the
staff. Based on the findings from the surveys, the Evaluator, in collaboration with program staff,
will develop Performance Improvement initiatives as necessary. The program will use a criterion
of 80% satisfaction level to identify those areas requiring improvement or enhancement.
Outcome Evaluation: Outcome evaluation will address the effectiveness of the program in
attaining the desired client outcomes and assessing the overall impact on the community.
Specifically, the program's ability to decrease substance use, improve social and mental health
functioning, increase stable living arrangements, improve employability, and prevent criminal
recidivism are the foci of this evaluation. In order to measure this, clients will complete pre/post-
tests at baseline, discharge, and 6-months post admission.
Data Analysis Strategy: Prior to the main analyses, the Evaluator will conduct an analysis to
assess dropout rates to assess whether clients who do not complete treatment differ in any
impmiant ways from those who do, threatening the integrity of the conclusions. If these analyses
do not produce significant differences, analysis bias will not occur. If there are systematic
differences, the Evaluator will conduct separate analyses not to contaminate the findings. Data
analysis: The project will use repeated measures, multiple outcome design to determine program
effectiveness. Prior to conducting outcome analysis, the Evaluator will use correlation analyses
to determine the relationship between client-level outcomes and key demographic variables,
including race, ethnicity, breadth of substance use, and crime severity/recency. If any significant
correlations occur, outcome analyses will use a repeated measures analysis of covariance to
control for the variable(s). In addition, the Evaluator will use factorial analyses for each
significant correlate to look at differential outcomes and interactions among the groups.
Regression analysis also will occur to determine whether service dosage or duration relate to
specific client-level outcomes. Long-term impact will compare outcomes across time focusing
particularly on the 6-month assessment since clients will be out of treatment by this time point.
2. The agency submitting the application shall demonstrate knowledge or
awareness of the problems associated with providing the services proposed and
knowledge of laws, regulations, statutes and effective operating principles
required to provide this service.
TARGET POPULATION
WCCA is a non-profit organization founded in 1974 with 40 years of experience operating drug
treatment programs in community-based and in-prison treatment environments. WCCA is
experienced in addressing the problems faced by men and women with substance use disorders
as well as the impact drug abuse can have on their fan1ily members. Individuals with substance
use disorders have consequences that include work-related difficulties, physical illnesses and
5
Exhibit C
problems, financial and legal complications, psychological or emotional changes including co-
occurring mental health disorders, and social problems. Residential treatment is most
appropriate for individuals who have very serious substance abuse problems, have not been
successful in outpatient programs, do not have a stable social support system in the community,
and have need of concomitant psychological services.
WCCA is aware that many substance abusers face barriers to accessing treatment that is
affordable and culturally and linguistically appropriate. In addition, substance abusers are
frequently in denial oftheir problems, reluctant to change, and seek treatment only because of
coercion from the criminal justice system or pressure from family members or employers.
WCCA recognizes the importance of structuring programs and services to facilitate access and
remove barriers; engage clients in the treatment process to increase motivation, participation, and
retention; and smoothly transition clients from the residential setting into the outpatient program
and SLE housing to extend treatment and improve client outcomes. WCCA's strategies include
same-day intake to retain the client's interest in treatment; use of motivational enhancement
therapies and motivational interviewing techniques; use of trauma-informed and gender-specific
techniques; and structured procedures to transition clients from residential to outpatient
treatment.
WCCA is equipped to provide the services requested through this RF A as reflected by our
service philosophy and history of quality treatment programs which combine to ensure
efficient, effective and culturally-competent services designed specifically for the target
population. It is WCCA's belief that the more comprehensive and flexible the service
continuum is, the greater the likelihood that substance abusers will succeed in treatment and in
the community as productive citizens--living a drug-free, crime-free, self-sufficient lifestyle.
WCCA has a "no wrong door" policy which ensures individuals access to the full spectrum of
our health and human services offerings for SLE participants. WCCA's staff focus on
reintegrating individuals into the community and encouraging a clean and sober lifestyle
through linkages with community-based organizations and resources such as education;
vocational training; medical, mental health, and dental treatment; public benefits including
TANF and Medi-Cal; pre-and post-counseling and testing for infectious diseases; legal
assistance; employment and job search assistance; financial assistance; childcare; and
community-based self-help programs.
For the past 25years, WCCA has provided housing and support services for the target population
which includes adult male and female residents of Fresno County who are concurrently enrolled
in a County-conb·acted Outpatient Alcohol and/or Other Drug Treatment program as described
the RF A for Sober Living Services. WCCA believes in high quality care and is accredited by
the Commission on Accreditation of Rehabilitation Facilities (CARF), certified by the California
Association of Addiction Recovery Resources (CAARR) for sober living environment services,
and licensed by the Califomia Department of Alcohol and Drug Programs to provide residential
treatment services. WCCA adheres to all standards, policies, and procedures of these
organizations and ensures all SLE staff has the education, skills, and experience necessary to
ensure quality assurance.
6
Exhibit C
... '
3. The amount of demonstrated experience in providing the services desired
in a California County.
SIMILAR CONTRACTS/SERVICES
WCCA is a member of a family of non-profit, community-based organizations which fall under
WestCare Foundation's (WestCare) umbrella that provide a wide spectrum of health and hlllnan
services. WestCare programs specialize in helping people traditionally considered difficult to
treat such as those who are homeless, have co-occurring substance use and mental health
disorders, are HIV positive, and/or are involved with the criminal justice system. Nationally,
WestCare operates programs in 17 states and two U.S. Territories. Under the direction of CEO
Richard Steinberg, the organization is supported by more than 1500 dedicated staff members,
serves more than 10,000 individuals each month, and has an annual budget in excess of $98
million. Many ofWestCare's contracts for services are for the provision of residential and
outpatient substance abuse treatment, case management, homeless services, and sober living
housing. In 2014, WCCA provided substance abuse services for 569 special population
individuals including homeless and veterans. The breakdown of service type by special
population is as follows:
. ·~·.
Substance Abuse Clients Served in 2014 Homeless Veterans
Residential 276 41
Outpatient 70 35
Sober Living 135 12
WCCA's licensed and certified residential, outpatient, and in-prison substance abuse treatment
programs in California are:
• Sober Living Services for men, women and their children. WCCA has been providing
transitional (sober) living services since 1990 for individuals who are concurrently
engaged in outpatient substance abuse treatment. Residents are provided three nutritious
meals on a daily basis as well as healthy snacks, and clothing and hygiene products are
available for indigent residents. SLE participants reside in a shared living situation and .
maintain their personal space while contributing to property upkeep. House Meetings are
regularly scheduled and are facilitated by an experienced House Manager. These
meetings teach residents life skills; regulate rotation of chores such as cleaning of the
laundry rooms, lawn care, etc.; and ensure the facility's smooth operation. Cleaning
supplies are available, and SLE apariments are inspected for cleanliness and safety on a
daily basis. Passes and privileges are regulated based on length of stay in the "house"
and performance in outpatient services. The program also helps participants prepare for
recovery maintenance by offering 12-step meetings on site. Participants are responsible
for managing their money, monitoring their own medication, and actively seeking
employment.
7
Exhibit C
--
•
•
•
•
•
Residential Treatment Center for Men and their Children. This program provides
intensive alcohol and other drug use treatment services for adult males residing at
WCCA's Central Valley Campus in Fresno. Men's residential services are provided in a
male-only unit where the clinical curriculum is designed to serve the needs of men. The
length of time in treatment is determined by an individual's need and contract
requirements. The focus and intensity of treatment is modified to accommodate the
realistic/practical treatment needs of males as they begin admitting and embracing their
own need for continuing recovery. The process of treatment in this program is one of
discovery and sets a firm foundation to allow men to empower themselves and become
responsible for their own recovery. Treatment is currently funded through contracts with
AB 109 clients, Fresno County Probation, California Department of Corrections and
Rehabilitation, Depmtment of Social Services, Federal Probation, and in the past by
Proposition 36, Parole Services Network (PSN), and the Fresno County Department of
Behavioral Health.
Residential Treatment Center for Women and Children. This program provides intensive
alcohol and other drug use treatment services for adult females residing at WCCA's
Central Valley Campus in Fresno. Female residential services are provided in a female-
only unit of the facility. The clinical curriculum is designed to be gender responsive to
address problems related to trauma, relationships, and the effects of addiction on
children. The length of time in treatment is determined by an individual's needs and
contract requirements. The focus and intensity of treatment is modified to accommodate
the realistic and practical treatment needs of women who are facing difficulty as they
begin a process of transition into the community after their residential stay.
Outpatient Programs. WCCA's Outpatient Programs serve adult men and women in
Fresno and Bakersfield. Services include individual and group counseling services,
alcohol and drug education classes, a relapse prevention curriculum, an introduction to
community-based support services, orientation to community-based self-help meetings,
family and significant other education/suppmt services, HIV/AIDS education and
counseling services, educational and vocational rehabilitation assistance, and community
linkages and referrals. Outpatient services are partially funded by Fresno County and
Drug Medi-Cal.
Residential Multi-Service Center. WCCA operates an 85-bed program for the California
Department of Corrections and Rehabilitation (CDCR) at our facility in Fresno. WCCA
has provided these therapeutic community substance abuse services, housing and meals,
vocational education services, and independent living skills for adult male and female
parolees who are homeless or at-risk ofhomelessness for 20 (non-consecutive) years.
Residents receive assistance with cognitive, literacy, money management, parenting, and
life skills; substance abuse treatment; education programs to improve literacy and
employment readiness; medical services; and aftercare services to transition parolees to
independent living.
M'ella Program. WCCA began providing services to pregnant and parenting women in
Fresno in 1990 a11d in2002 created the M'ella Progrmn to provide more specialized,
state-of-the-art services for women and to develop a Therapeutic Childcare Center.
M'ella provides gender-sensitive and trauma-informed residential treatment services for
8
Exhibit C
women and children and which works to reduce the woman's substance use, increase her
mental and physical health, increase her ability to care for and support her children,
reduce in utero exposure of infants to drugs, improve children's health and well-being,
and improve the family support system. Funding for the M'ella Program is provided
through contracts with the Department of Social Services and Fresno County Department
of Behavioral Health.
• Pregnant and Parenting Women. Previously, WCCA managed a program for Pregnant
and Parenting Women program, Baby Love II, which was funded through a grant from
the U.S. Department of Health & Human Services, Substance Abuse and Mental Health
Services, and The Center for Substance Abuse Treatment. This program was a 140-day
residential treatment program with a six-month follow up period. It was designed to
provide structured treatment for pregnant and post-pru.tum women and their families
which accommodates the realistic and practical treatment needs of female participants as
they progress within the program and as women and mothers developing the skills
necessary to appropriately care for their children. While Baby Love II is no longer
funded by DHHS, WCCA continues to provide the same services through Fresno County
and other funding sources. The perinatal program is located at our Martin Luther King
campus and is devoted to the treatment of pregnant and post-partum women, their
children, and their families. This specialized program is designed to provide these
women and their children with unique services that allow for substance abuse treatment
services coupled with activities designed to strengthen families. Services encompassed in
this program include:
• Substance abuse treatment
• Individual, group, and family counseling services
• Assessment and refeiTal services for occupational, speech, and rehabilitative therapy
for mothers and children
• Coping skill training
• Anger management and domestic violence prevention
• Parenting groups
• Recreational activities with children
• Transportation services to doctor appointments
• Mental health assessment and treatment
• Vocational and life skills
• Stress management
• Money management
• On-site therapeutic childcare
• Individualized treatment and continuing care and discharge plan
• Home visits
• RefeiTals, linkages, and follow ups
• Custody to Community Transitional Re-entry Program (CCTRP) in San Diego. WCCA
provides gender-sensitive and trauma-informed residential treatment services to women
in the custody of CDCR at prison facilities throughout the state of California. Treatment
services are designed to reduce the woman's substance use, increase her mental and
9
Exhibit C
physical health, increase her vocational skills, develop re-entry skills, and transition back
to county of origin with the tools necessary to avoid returning to prison. Along the way,
the women will complete high school, attend college and vocational programs, and
become employable. The program also enhances her ability to care for and support her
children and improve the family support system.
• Bakersfield Residential Treatment. WCCA operates a Therapeutic Community in
Bakersfield for adult males. Treatment services are provided in a residential setting that
follows Department of Health Care Services (DHCS) guidelines. For the past 14 years,
WCCA has operated this facility and provided the Therapeutic Community treatment
program with funding from the Kern County Depru1ment of Behavioral Health and
CDCR. WCCA also provides daily case management services for 100 AB 109
participants in custody at the Lerdo Jail for Kern County Probation and the Sherriffs
Department.
• Specialized Treatment for Optimized Programming (STOP) formerly Region I Substance
Abuse Services Coordinating Agency CSASCA). WCCA has managed Region I for the
past 19 years. In 2014, the SASCA program transitioned to the Specialized Treatment for
Optimized Programming (STOP) Program Areas 1 and 3 which ru·e designed to optimize
treatment and provide transitional services in the Northern California counties from the
Tehachapi Mountains to the Oregon border. WCCA's service area encompasses 37
counties. WCCA Community Service Coordinators work in conjunction with 24 In-
Prison Substance Abuse Programs (IPSAPs) in 24 state prisons to coordinate placement
of parolees into community-based substance abuse treatment programs at the time of
parole. WCCA provides service coordination, advocacy, and transportation to over 3,000
parolees a year.
MANAGEMENT PLAN
WCCA's organizational structure and management plan includes the management staff who
will oversee the proposed Sober Living Environment Housing services. The following
organizational chart reflects the management structure for this program. Specific personnel
descriptions and the program management plan follow.
10
Exhibit C
WestCare California, Inc.
Sober Uving Environments
Program Chart
Qualifications of Individuals Providing Management and Oversight
MSTCARE
The following describes WCCA's management staff responsible for ensuring the provision of
SLE housing services which are in conformity and compliance with all local zoning and
occupancy ordinances; the County Agreement which includes County policies and procedures;
Office of Management and Budget (OMB) Circular A-87 "Cost Principles for State, Local, and
Indian Tribal Governments"; OMB Circular A-122 "Cost Principles for Non-Profit
Organizations"; and Cultural and Linguistically Appropriate Services (CLAS) standards.
Maurice Lee, Chief Operating Officer. Mr. Lee is the Chief Operating Officer for WCCA's
parent affiliate WestCare Foundation. He previously held the position of Regional Vice
President for WestCare California. He has 24 years of experience providing substance abuse
treatment services including 12 years as an administrator for substance abuse treatment programs
within the criminal justice system. During the past 19 years, he has acted in a supervisory
capacity, leading teams of qualified substance abuse counselors in the implementation, and
development of quality in-prison therapeutic community programs as well as community-based
treatment programs including federally funded SAMHSA and ACYF programs. This experience
11
Exhibit C
includes hiring, supervising, and evaluating over 250 employees; developing and monitoring
program budgets; ensuring program compliance with contract requirements; clinical supervision
and review of participant files; program evaluation; and ensuring compliance with agency
policies and procedures. Mr. Lee is Level I FACT Certified, and holds numerous other chemical
dependency licenses and certifications including Licensed Chemical Dependency Counselor in
Texas.
Shawn Jenkins, Senior Vice President. Mr. Jenkins has over twenty years of progressively
responsible clinical, administrative, and management experience in therapeutic community
treatment environments and case management services at WCCA, which includes fourteen years
as an administrator in substance abuse treatment programs working with homeless populations.
Mr. Jenkins is responsible for administering grants and contracts, supervising persmmel,
developing all program budgets, monitoring expenditures, reviewing fiscal systems for
accountability, and coordinating the forecasting and planning of cost projections for program
operations and budget development.
Lynn Pimentel, M.A., Deputy Administrator. Ms. Pimentel is responsible for oversight and
supervision of over 300 employees; provision of services to more than 750 men, women,
adolescents, and children in treatment for chemical dependency on a daily basis; and overseeing
administration and compliance with numerous city, county, state, and federal contracts. Prior to
her current duties, she served as the Clinical Director and was responsible for providing and
overseeing clinical services in WCCA's programs and the Director of Women and Children's
Residential Programs for the M'ella and the Family Foundations programs. Ms. Pimentel earned
a B.A. in Social Welfare from California State University in Fresno, California, and a Master of
Arts Degree in Rehabilitation Counseling from California State University in Sacramento. She
has been a Certified Rehabilitation Counselor for 42 years, is a Registered Addiction Specialist,
and a Certified Covington Curriculum Trainer through the California Association of Addiction
Recovery Resources (CAARR). She is a member of the National Rehabilitation Counseling
Association and the Central Califomia Rehabilitation Association.
Ms. Pimentel has conducted numerous trainings for staff in Covington's curriculums including
Helping Women Recover and Beyond Trauma. She was instrumental in the development of a
Master Treatment Plan for Gender Relevant Services for the County of Fresno in conjunction
with Dr. Stephanie Covington. Ms. Pimentel's experience includes working at the Department
ofRehabilitation as a Vocational Counselor and Rehabilitation Supervisor. At the Division of
Industrial Accidents, Ms. Pimentel was an Administrative Hearing Officer who reviewed
medical files and rendered decisions on Worker's Compensation Appeals. From 1985-1990, she
was the Clinical Director/Owner of Pimentel and Associates in San Jose, a company that
provided services to disabled adults including those with substance abuse issues. From 1990-
2002, Ms. Pimentel was employed by Vocational Management Services in Fresno as a
Vocational Counselor, Vocational Evaluator, and Program Coordinator where she developed a
program to enable female clients to break their cycle of dependence on welfare and developed
and implemented a curriculum for a social living model program for the disabled.
12
Exhibit C
Program Management
WCCA is supported by 324 dedicated staff members, serves more than 10,000 individuals each
month, and has an annual operating budget of$31 million. WCCA's administrative experience
covers all aspects of fiscal management, accounting services, budgeting, personnel hiring and
supervision, and contract and grant management. As a nonprofit organization, WCCA is
invested in success through dedicated client support by providing mental health and substance
abuse services that are comprehensive, of sufficient duration and intensity, culturally competent,
and gender responsive; providing housing and supportive services to the homeless and veterans;
supporting those living with or affected by HIV/AIDS; and assisting those involved with the
criminal justice system to successfully reintegrate into the conununity with appropriate linkages
to resources and ongoing recovery services. WCCA's programs provide goal-oriented and
individualized supports focusing on improved self-sufficiency for the persons served through
assessment, planning, linkage, advocacy, coordination and monitoring activities. Successful
service coordination results in community opportunities and increased independence for those
served. Coordination of services, both inside and outside ofWCCA, is conducted to ensure
comprehensive care and efficient non-duplication of services.
WCCA has a highly organized Human Resources Department with strong ties to the community
and labor force. This established presence, training, and recruitment system enables WCCA to
efficiently and quickly recruit qualified staff for positions identified in the staffing plan and
attracts qualified candidates who represent the area's ethnic, cultural, and socioeconomic
diversity. Criminology, counseling, and social work interns (with Associate's, Bachelor's, or
Master's degrees) from local colleges and universities, and counselor interns are an important
recruitment resource. WCCA can temporarily reassign existing qualified staff that has been
cross-trained in similar programming to fill a vacant position during the recruitment process.
Vendors Experience Administering Federal, State, and/or Local Funds.
WCCA manages an annual budget exceeding $31 million with more than 40 grant/service
contracts annually. To sustain and grow its vast and diversified portfolio of contracts, WestCare
Foundation's national grants department, comprised of eight (8) full-time grants staff, prepare
and submit more than 225 grant applications and competitive bids annually (an average of 50 per
year are submitted for CA with a 65% success rate). Entities that fund WCCA include local,
state and federal government agencies, provider networks, private foundation and corporate
giving programs, and federal agencies such as the Department of Health and Human Services
(DHHS), Substance Abuse and Mental Health Services Administration (SAMHSA), Department
of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), Department
of4franspoitation (DOT), and Corporation for National and Community Services (CNCS). Other
funders include national foundations such as the Elizabeth Taylor AIDS Foundation and Kaiser
Permanente. Local funders include the State of California, the City of Fresno, the County of
Fresno, and other government entities in surrounding counties.
WestCare has an established internal administrative fiscal system for the ongoing management of
its grants and contracts. WestCare operates in compliance with standard procedures on cost
reimbursements and indirect cost accounting. All costs associated with the management of
federal and state awards/contracts, including costs associated with the proposed project, are
13
Exhibit C
budgeted and processed in accordance with the Accounting Manual, to be reimbursed by the
government agency that is funding the grant or contract services (County of Fresno). WestCare
has an annual audit performed that ensures compliance with the standards outlined in the OMB
Circular A-133 on expenditures ofFederal Funds, the Govemment Audit Standards promulgated
by the Government Accounting Standards Board (the Yellow Book), and all specific contract
requirements.
WestCare's accounting department uses Blackbaud Financial Edge, which is specifically
designed for fund accounting in nonprofit organizations, and for management of grant funds.
Within the accounting software, modules are used for managing and reporting accounts
receivables and accounts payable. This software keeps an audit track of all related transactions.
For example, the same reference transaction number is assigned from purchase order, to invoice,
to mark for payment, to payment. Every payable and receivable is coded and distributed by
direct allocations to their supporting grant(s).
WestCare has well-established staff resources to manage its internal administrative fiscal
system. Tina Stiles, CPA, is the Chief Financial Officer (CFO). As CFO, Ms. Stiles has
responsibility for the accounting operations of a multi-state corporation with an annual budget
that exceeds $98 million. Ms. Stiles supervises over a dozen fiscal staff members including
regional controllers and regional accountants and conducts weekly meetings with fiscal staff to
guarantee appropriate oversight and review of cash management and budget reconciliation. On a
monthly basis, all financial records are reviewed by Ms. Stiles. She in turn reviews all fmancial
records with Shawn Jenkins, Senior Vice President, who has oversight of the grants and contracts
in California. Ms. Stiles reviews monthly revenue and expenditure repmts with Mr. Jenkins
before submitting reports to Richard Steinberg, CEO. Ms. Stiles submits quarterly financial and
balance sheets to the Board of Directors. Ms. Stiles also has oversight over all fiscal and human
resource aspects of the organization in consultation with the Senior Vice Presidents for each
region.
Senior Vice President Shawn Jenkins leads all programmatic administration and oversight for
WCCA's programs throughout the state of California. He ensures appropriate grant criteria are
met including data collection, reporting, fiscal accountability, quality assurance, and compliance
with grant-specific policies and procedures.
14
Exhibit C
WESTCARE FOUNDATION, INC. AND ALL WESTCARE AFFILIATES
POLICY TITLE: DATA COLLECTION POLICY
POLICY#:
PAGES: 1 -2
APPLICABLE STANDARDS:
CARF INTERNATIONAL BUSINESS STANDARDS
APPROVAL: /S/ SHAWN A. JENKINS, COO
DATE OF SIGNATURE: 4/16/09
ORIGINAL EFFECTIVE DATE: 3/19/09
REVISED DATE:
DATA COLLECTION POLICY
PURPOSE:
To ensure that all WestCare regions and progran1s collect data that is reliable, valid, complete and
accurate.
POLICY:
It is the policy of WestCare that all data collected is reliable, valid, complete and accurate.
RESPONSIBILITY:
The Senior Vice President, or designee, is responsible for establishing a process that ensures all data
collected is reliable, valid, complete and accurate.
The staff is responsible for following the established process that will ensure that all data collected
is reliable, valid, complete and accurate.
PROCEDURE:
Accurate and consistent data is necessary for WestCare's success in maintaining a fact-based,
decision-making model of operation. A variety of ways are utilized that address the integrity of data
used for outcomes assessment, perf01mance improvement, and management making decisions.
The following procedures shall be incorporated into the fiscal data management system to ensure
that all data collected is reliable, valid, complete and accurate.
1. Reliability-Steps are taken to ensure that data is collected consistently in a way that could
be reproduced at another time or by other persons.
3/19/09 mj; 4/11/09 hs
Exhibit C
a. New and existing personnel are trained on recording each data element they are
responsible for collecting; measures or codes are explained and periodically
reviewed.
b. Literature searches are conducted and measures that have been widely tested and
demonstrated to be reliable are utilized, where applicable.
2. Validity -Indicators, measures, and data elements that measure what WestCare intends to
measure are selected.
3. Completeness -Steps are taken to ensure that data used for decision making are:
a. as complete as possible
b. accredited programs are not omitted from the information and performance
improvement effort
c. groups of persons served are not omitted from the data gathering or analysis,
d. data elements or indicators are not systematically missing
e. databases are checked for completeness of records before final analyses are run and
decisions made
4. Accuracy-Steps are taken to ensure that data are recorded properly and that en·ors are
caught and corrected. Spot checks of records of persons served are made to ensure that data
abstracted from the record are correctly placed into the database.
5. Staff training for data collection and recording activities includes attention to the importance
of recording each data field for every person served.
3/19/09 mj; 4/11/09 hs
2
Exhibit C
WESTCARE FOUNDATION, INC. WESTCARE CALIFORNIA, INC.
POLICY TITLE: QUALITY ASSURANCE-CONTINUOUS QUALITY IMPROVEMENT
PAGES: 1 -3
APPLICABLE STANDARDS:
WestCare Standards
CARF Standards
APPROVAL: /s/ SHAWN JENKINS, EXECUTIVE VICE PRESIDENT & CHIEF OPERATIONS OFFICER
DATE OF SIGNATURE: 6/22/09
ORIGINAL EFFECTIVE DATE: 12/8/08
REVISED DATE: 3/12/09
PURPOSE:
QUALITY ASSURANCE-
CONTINUOUS QUALITY IMPROVEMENT
To ensure that WestCare's quality assurance program complies with the requirements established in
state statutes and regulations and that the program ensures the use of a continuous quality
improvement process.
POLICY:
It is the policy of WestCare that its quality assurance program complies with the requirements
established in state statutes and regulations and that the program ensures the use of a continuous
quality improvement process.
RESPONSIBILITY:
The Regional Vice President and Area Director, are responsible for ensuring that policies and
procedures are in force to ensure that its quality assurance program complies with the requirements
established in state statutes and regulations and that the program ensures the use of a continuous
quality improvement process.
The Directors are responsible for ensuring that staff is aware of pertinent policies and procedures
related to WestCare's quality assurance program and that they are followed.
Staff members are responsible for having an awareness of pertinent policies and procedures related
to WestCare's quality assurance program and that must adhere to them.
12/8/08 mj;031209jm 1
Exhibit C
PROCEDURE:
SECTION I:
Pursuant to WestCare's philosophy, state rules and regulations, and CARP national behavioral
health standards, WestCare shall follow the procedures outlined below.
(1) WestCare maintains an ongoing quality assurance program to objectively and systematically
monitor and evaluate the appropriateness and quality of client care, to ensure that services are
rendered consistent with prevailing professional standards, and to identify and resolve problems.
This program is described in its Performance Improvement Plan and Policies and in the other
policies identified below.
(2) WestCare's written plans which address the minimum guidelines for the quality assurance
program include but are not limited to:
(a) Client care and services standards-See Core Program Policies for descriptions.
(b) Client records maintenance procedures -See Client Record Management System Policy
(c) Staff development policies and procedures -See Staff Training Policy
(d) Facility safety and maintenance standards-See Facility Standards & Safety Policy
(e) Peer review and utilization review procedures-See Quality Records Review Policy
(f) Incident reporting policies and procedures, including verification of corrective action and
provision for reporting to the department within a time period prescribed by rule -See Incident
Repmting Policy & System.
(3) The quality assurance program is the responsibility of the Regional Vice President and Area
Director and is subject to review and approval by the WestCare's governing board-See Quality
Improvement Management Meeting Minutes and Board Minutes for reports.
(4) Each Director shall designate a person who is an employee of or under contract with the
WestCare as the provider's quality assurance manager who will perform many of the tasks and
duties inherent in the overall program as do each of the Directors and the Area Director.
WestCare Foundation's Compliance Specialist assists as needed and appropriate.
(5) Incident repmting is the affirmative duty of all staff-Staff are trained in WestCare's
Incident Reporting System via the its Intranet System
(6) WestCare assures that any person who files an incident report shall not be subjected to any
civil action by virtue of that incident report.
(7) WestCare ensures that the Department of Alcohol and Drug Programs, and Department of
Adult Rehabilitation Services may access all its service records necessary to determine
12/8/08 mj;031209jm 2
Exhibit C
compliance with California rules and regulations. Records relating solely to actions taken in
can·ying out this section and records obtained by the Department to detetmine WestCare's
compliance with this section are confidential. Such records are not admissible in any civil or
administrative action except in disciplinary proceedings by the Department of Business and
Professional Regulation or the appropriate regulatory board, and are not part of the record of
investigation and prosecution in disciplinary proceedings made available to the public by the
Department of Business and Professional Regulation or the appropriate regulatory board.
Meetings or portions of meetings of quality assurance program committees that relate solely to
actions taken pursuant to this section are exempt.
(8) The quality assurance program shall:
(a) Track performance measures and standards
(b) Provide a framework for evaluating outcomes which is separate from the perfotmance-
based program budgeting process, including:
1. Output measures, such as capacities, technologies, and infrastructure that make up the
system of care.
2. Process measures, such as administrative and clinical components of treatment.
3. Outcome measures pertaining to the outcomes of services;
(c) Provide for a system of analyzing those factors which have an effect on performance
· at the local level;
(d) Provide for a system of reporting the results of quality assurance reviews; and
(e) Incorporate best practice models for use in improving performance in those areas
which are deficient.
12/8/08 mj;031209jm 3
Exhibit C
NOTICE OF CHILD ABUSE REPORTING LAW
Exhibit D
Page 1 ofl
The undersigned hereby acknowledges that Penal Code section 11166 and the
contractual obligations between County of Fresno (COUNTY) and PROVIDER(S)
related to provision of alcohol and drug abuse treatment services for Fresno County
residents, require that the undersigned report all known or suspected child abuse or
neglect to one or more of the agencies set forth in Penal Code (P.C.) section(§) 11165.9.
For purposes of the undersigned's child abuse reporting requirements, "child
abuse or neglect" includes physical injury inflicted by other than accidental means upon a
child by another person, sexual abuse as defined in P .C. § 11165.1, neglect as defined in
P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3,
and unlawful corporal punishment or injury as defined in P.C. §11165.4.
A child abuse report shall be made whenever the undersigned, in his or her
professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the undersigned knows or reasonably suspects has been the victim
of child abuse or neglect. (P.C § 11166.) The child abuse report shall be made to any
police department or sheriff's department (not including a school district police or
security department), or to any county welfare department, including Fresno County
Department of Children and Family Services' 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a "reasonable suspicion" means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect. The pregnancy of a child does
not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P .C.
§11166(a)(l).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the department
head or designee.
I have read and understand the above statement and agree to comply with the
child abuse reporting requirements.
SIGNATURE DATE
0980fadx
CULTURALLY AND UNGUISTICALL Y APPROPRIATE SERVICES
Exhibit E
Page 1 of2
CONTRACTOR shall adhere to and develop written procedures in accordance with the below standards
adapted from the National Standards for Culturally and Linguistically Appropriate Services (CLAS) in
Health Care:
Culturally Competent Care:
1. Organizations must ensure that consumers receive from all staff members effective,
understandable, and respectful care that is provided in a manner compatible with
their cultural health beliefs and practices and preferred language.
2. Organizations must implement strategies to recruit, retain, and promote at all levels
of the organization a diverse staff and leadership that are representative of the
demographic characteristics of the service area.
3. Organizations must ensure that staff at all levels and across all disciplines receive
ongoing education and training in culturally and linguistically appropriate service
delivery.
Language Access Services:
4. Organizations must offer and provide language assistance services, including bilingual
staff and interpreter services, at no cost to consumers with limited English proficiency
at all points of contact, in a timely manner during all hours of operation.
5. Organizations must provide to consumers in their preferred language both verbal
offers and written notices informing them of their right to receive language assistance
services.
6. Organizations must assure the competence of language assistance provided to limited
English proficient consumers by interpreters and bilingual staff. Family and friends
should not be used to provide interpretation services (except on the request of the
consumer).
7. Organizations must make available easily understood patient-related materials and
post signage in the languages of the commonly encountered groups and/or groups
represented in the service area.
Organizational Supports:
8. Organizations must develop, implement, and promote a written strategic plan that
outlines clear goals, policies, operational plans, and management
accountability/oversight mechanisms to provide culturally and linguistically
appropriate services.
Exhibit E
Page 2 of2
9. Organizations must conduct initial and ongoing organizational self-assessments of
CLAS related activities and are encouraged to integrate cultural and linguistic
competence-related measures into their internal audits, performance improvement
programs, consumer satisfaction Assessments, and Outcomes-Based Evaluations.
10. Organizations must ensure that data on the individual consumer's race, ethnicity, and
spoken and written language are collected in program records, integrated into the
organizations management information systems, and periodically updated.
11. Organizations must maintain a current demographic, cultural, and epidemiological
profile of the community as well as a needs assessment to accurately plan for and
implement services that respond to the cultural and linguistic characteristics of the
service area.
12. Organizations must develop participatory, collaborative partnerships with
communities and utilize a variety of formal and informal mechanisms to facilitate
community and consumer involvement in designing and implementing CLAS-related
activities.
13. Organizations must ensure that conflict and grievance resolution processes are
culturally and linguistically sensitive and capable of identifying, preventing, and
resolving cross-cultural conflicts or complaints by consumers.
14. Organizations must regularly make available to the public information about their
progress and successful innovations in implementing these standards and to provide
public notice in their communities about the availability of this information.
15. Organizations must ensure communication regarding the organization's progress in
implementing and sustaining CLAS to all stakeholders, constituents, and general
public.
CONTRACTOR shall develop written procedures in accordance with the above standards. The
provisions of this Agreement are not intended to abrogate any provisions of law or regulation existing
or enacted during the term of this Agreement.
. .....
Exhibit F
Page 1 of3
DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS:
In their proposal, the bidder 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 "Bidder"):
• Within the three-year period preceding the proposal, they have been convicted of, or
had a civil judgment rendered against them for:
o 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;
o violation of a federal or state antitrust statute;
o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or
o false statements or receipt of stolen property
• Within a three-year period preceding their proposal, they have had a public transaction
(federal, state, or local) terminated for cause or default.
Disclosure of the above information will not automatically eliminate a Bidder from
consideration. The information will be considered as part of the determination of whether to
award the contract and any additional information or explanation that a Bidder elects to submit
with the disclosed information will be considered. If it is later determined that the Bidder failed
to disclose required information, any contract awarded to such Bidder may be immediately
voided and terminated for material failure to comply with the terms and conditions of the
award.
Any Bidder who is awarded a contract must sign an appropriate Certification Regarding
Debarment, Suspension, and Other Responsibility Matters, pages 2 and 3 of this Exhibit,
Additionally, the Bidder awarded the contract must immediately advise the County in writing if,
during the term of the agreement: (1) Bidder 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/epls/gov); or (2) any of the above
listed conditions become applicable to Bidder. The Bidder will 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.
C:\USERS\SHERWINIDESKTOPISLE RFA 15-16\SLE RFA 2015-16\BAI-FINAL CONTRACT\EXHIBIT F-DISCLOSURE STATEMENT.DOC
~-~
Exhibit F
Page 2 of3
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.
C:\USERS\SHERWINIDESKTOP\SLE RFA 15-16\SLE RFA 2015-16\BAI-FINAL CONTRACnEXHIBIT F-DISCLOSURE STATEMENT.DOC
CERTIFICATION
Exhibit F
Page 3 of3
(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) 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)
C:\USERS\SHERWIN\DESKTOP\SLE RFA 15-16\SLE RFA 2015-16\BAI-FINAL CONTRACnEXHIBIT F-DISCLOSURE STATEMENT.DOC
Exhibit G
SELF-DEAUNG 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).
J;..J
Exhibit G
(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: I Date:
I
I 1\ ,.,