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HomeMy WebLinkAboutAgreement A-20-492 with RH Community Builders.pdf1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT is made and entered into this ___________day of _____________, 2020, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY”, and, RH Community Builders LP, a limited California partnership, whose address is 352 Bedford Ave., Suite 110, Fresno, CA, 93711, hereinafter referred to as “CONTRACTOR,” collectively, “the parties.” W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Behavioral Health (DBH), recognizes the need for a qualified agency to provide short-term lodging driven by peer support services to individuals who have a severe mental illness (SMI), are currently homeless, or at-risk of homelessness, are eligible for DBH Services, and have not previously engaged in ongoing outpatient behavioral health services; WHEREAS, COUNTY, through its DBH, is a Mental Health Plan (MHP) as defined in Title 9 of the California Code of Regulations (C.C.R.), section 1810.226; and WHEREAS, CONTRACTOR is qualified and willing to operate said short-term lodging pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1.SERVICES A.CONTRACTOR shall perform all services and fulfill all responsibilities as set forth in Exhibit A, attached hereto and by this reference incorporated herein and made part of this Agreement. B.CONTRACTOR shall also perform all services and fulfill all responsibilities as specified in COUNTY’s Request for Proposal (RFP) No. 20-034 dated January 21, 2020, Addendum No. One (1) to COUNTY’s RFP No. 20-034 dated January 24, 2020, and Addendum No. Two (2) to COUNTY’s RFP No. 20-034 dated February 14, 2020 and CONTRACTOR’s response to said Revised RFP dated February 24, 2020 all incorporated herein by reference and made part of this Agreement. In the event of any inconsistency among these documents, the inconsistency shall be resolved by giving precedence in the following order of priority: 1) to this Agreement, including all Exhibits; 2) to the Revised RFP; and 3) to the Response to the Revised RFP. A copy of COUNTY’s Revised RFP No. 20-034 and 15th December Agreement No. 20-492 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR’s response thereto shall be retained and made available during the term of this Agreement by COUNTY’s DBH Contracts Division. C.It is acknowledged by all parties hereto that COUNTY's DBH shall monitor the services provided by CONTRACTOR, in accordance with Section Fourteen (14) of this Agreement. D.CONTRACTOR shall participate in monthly, or as needed, workgroup meetings consisting of staff from COUNTY's DBH to discuss service requirements, data reporting, training, policies and procedures, overall program operations and any problems or foreseeable problems that may arise. E.CONTRACTOR shall maintain requirements as an organizational provider throughout the term of this Agreement, as described in Section Seventeen (17) of this Agreement. If for any reason, this status is not maintained, COUNTY may terminate this Agreement pursuant to Section Three (3) of this Agreement. F.CONTRACTOR agrees that prior to providing services under the terms and conditions of this Agreement, it shall have appropriate staff hired and in place for program services and operations, or COUNTY may, in addition to other remedies it may have, suspend referrals or terminate this Agreement, in accordance with Section Three (3) of this Agreement. G.It is acknowledged by all parties hereto that the ramp up period shall commence on October 20, 2020. Due to pending timelines with renovations and site certification, the dates of the ramp up period and initial operational period may be adjusted with the written approval of CONTRACTOR and COUNTY’s DBH Director, or designee. H.Any change to CONTRACTOR’s location of the service site may be made only upon sixty (60) days advance written notification to COUNTY’s DBH Director and upon written approval from the COUNTY’s DBH Director or designee. 2.TERM This Agreement shall become effective on the 20th day of October, 2020 and shall terminate on the 30th day of June, 2021. Effective July 1, 2021, this Agreement, subject to satisfactory outcomes performance and subject to State funding each year, shall continue for an additional two (2) year term upon the same terms and conditions herein set forth, unless written notice of non-renewal is given by COUNTY, CONTRACTOR 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or COUNTY’s DBH Director or designee, not later than sixty (60) days prior to the close of the then current Agreement term. 3. TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified as agreed upon by CONTRACTOR, or this Agreement terminated at any time by giving CONTRACTOR, in either event with sixty (60) days advance written notice. B. Breach of Contract – Subject to the Cure Rights set forth herein, COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Improperly performed service. Prior to suspending or terminating the Agreement for a breach of contract (except in the event of an illegal use of funds), COUNTY shall provide written notice to CONTRACTOR of the breach and allow thirty (30) days for the Contractor to cure such breach, provided, however, that if the nature of the CONTRACTOR cure is such that more than thirty (30) days are reasonably required for its performance, then CONTRACTOR shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursues to completion. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the reasonable judgment of COUNTY were illegally or improperly used. The CONTRACTOR shall promptly refund any such funds upon demand or at COUNTY’s option such repayment shall be deducted from future payments owing to CONTRACTOR 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under this Agreement. C.Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY, COUNTY’s DBH Director or designee, or CONTRACTOR upon the giving of sixty (60) days advance written notice of an intention to terminate, with notice to the COUNTY or CONTRACTOR, as applicable. 4.COMPENSATION COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with the budget set forth in Exhibit B, attached hereto and by this reference incorporated herein and made part of this Agreement. A.Maximum Contract Amount The maximum amount payable to CONTRACTOR for the ramp-up period of October 20, 2020 through January 31, 2021 shall not exceed Five Hundred Thirteen Thousand Eight Hundred Sixteen and No/100 Dollars ($513,816.00). The maximum amount payable to CONTRACTOR for the initial operational period of February 1, 2021 through June 30, 2021 shall not exceed Seven Hundred Thirty-Three Thousand Three Hundred Forty-Three and No/100 Dollars ($733,343.00). The maximum amount payable to CONTRACTOR for the period of July 1, 2021 through June 30, 2022 shall not exceed One Million Seven Hundred Two Thousand Eight Hundred Thirty-Two and No/100 Dollars ($1,702,832.00). The maximum amount payable to CONTRACTOR for the period of July 1, 2022 through June 30, 2023 shall not exceed One Million Seven Hundred Twenty-Nine Thousand Two Hundred Twenty-Five and No/100 Dollars ($1,729,225.00). In no event shall the maximum contract amount for all the services provided by the CONTRACTOR to COUNTY under the terms and conditions of this Agreement be in excess of Four Million Six Hundred Seventy-Nine Thousand Two Hundred Sixteen and No/100 Dollars ($4,679,216.00) during the total term of this Agreement. Payment shall be made upon certification or other proof satisfactory to COUNTY’s DBH that services have actually been performed by CONTRACTOR as specified in this Agreement. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B.Travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be at CONTRACTOR’s adopted rate per mile, not to exceed the Federal Internal Revenue Services (IRS) published rate. C.Other than travel reimbursement, it is understood that all expenses incidental to CONTRACTOR’s performance of services under this Agreement shall be borne by CONTRACTOR. If CONTRACTOR fails to comply with any provision of this Agreement, and fails to cure as provided in Section 3(b) and COUNTY terminates this AGREEMENT, COUNTY shall be relieved of its obligation for further compensation. D.Payments shall be made by COUNTY to CONTRACTOR in arrears, for services provided during the preceding month, within forty-five (45) days after the date of receipt by COUNTY of the monthly invoicing as described in Section Five (5) herein. Payments shall be made after receipt and verification of actual expenditures incurred by CONTRACTOR for monthly program costs, as identified in Exhibit B, in the performance of this Agreement and shall be documented to COUNTY on a monthly basis by the tenth (10th) of the month following the month of said expenditures. The parties acknowledge that the CONTRACTOR will be performing hiring, training, and credentialing of staff, and the COUNTY will be performing additional staff credentialing to ensure compliance with State and Federal regulations. E.COUNTY shall not be obligated to make any payments under this Agreement if the request for payment is received by COUNTY more than sixty (60) days after this Agreement has terminated or expired. All final invoices shall be submitted by CONTRACTOR within sixty (60) days following the final month of service for which payment is claimed. No action shall be taken by COUNTY on invoices submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. F.The services provided by CONTRACTOR under this Agreement are funded in whole or in part by the State of California. In the event that funding for these services is delayed by the State Controller, COUNTY may defer payments to CONTRACTOR. The amount of the deferred payment shall not exceed the amount of funding delayed by the State Controller to the COUNTY. The period of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 time of the deferral by COUNTY shall not exceed the period of time of the State Controller’s delay of payment to COUNTY plus forty-five (45) days. G.CONTRACTOR shall be held financially liable for any and all future disallowances/audit exceptions that become final and due to CONTRACTOR’s deficiency discovered through the State audit process and COUNTY utilization review during the course of this Agreement. At COUNTY’s election, the disallowed amount will be remitted within forty-five (45) days to COUNTY upon notification or shall be withheld from subsequent payments to CONTRACTOR. CONTRACTOR shall not receive reimbursement for any units of services rendered that are disallowed or denied by the Fresno County Mental Health Plan (Mental Health Plan) utilization review process or through the State Department of Health Care Services (DHCS) cost report audit settlement process for Medi-Cal eligible clients. Notwithstanding the above, COUNTY must notify CONTRACTOR prior to any State audit process and/or COUNTY utilization review. To the extent allowable by law, CONTRACTOR shall have the right to be present during each phase of any State audit process and/or COUNTY utilization review and shall be provided all documentation related to each phase of any State audit process and/or COUNTY utilization review. Additionally, prior to any disallowances/audit exceptions becoming final, CONTRACTOR shall be given at least 10 business days to respond to such proposed disallowances/audit exceptions. H.It is understood by CONTRACTOR and COUNTY that this Agreement is funded with mental health funds to serve adult individuals with Severely Mentally Ill (SMI) disorders, many of whom have co-occurring substance use disorders. It is further understood by CONTRACTOR and COUNTY that funds shall be used to support appropriately integrated and documented treatment services for co-occurring mental health and substance use disorders. 5.INVOICING A.CONTRACTOR shall invoice COUNTY in arrears by the tenth (10th) day of each month for actual expenses incurred during the prior month electronically to: 1) dbhinvoicereview@fresnocountyca.gov, 2) dbh-invoices@fresnocountyca.gov; and 3) dbhcontractedservicesdivision@fresnocountyca.gov with a copy to the assigned COUNTY DBH Staff Analyst. After CONTRACTOR renders service to referred individuals, CONTRACTOR shall invoice COUNTY for payment, certify the expenditure, and submit electronic claiming data into COUNTY’s 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 electronic information system for all individuals served, including those eligible for Medi-Cal as well as those that are not eligible for Medi-Cal, including contracted cost per unit and actual cost per unit. Invoices and reports shall be in such detail as reasonably acceptable to COUNTY’s DBH, as described herein and in Section Thirteen (13) of this Agreement. No reimbursement for costs incurred by CONTRACTOR for services delivered under this Agreement shall be made until the invoice and supporting documentation is received, verified, and approved by COUNTY’s DBH. COUNTY must pay CONTRACTOR before submitting a claim to DHCS for Federal reimbursement for Medi-Cal eligible individuals. B.If CONTRACTOR chooses to utilize the COUNTY’s electronic health record (EHR) system (currently AVATAR, the preferred EHR system by DBH) as their own full EHR system, COUNTY’s DBH shall invoice CONTRACTOR for associated fees as follows: 1)monthly for the EHR system hosting fees; 2)annually for the EHR system maintenance and licensing fees; and 3)annually for EHR system Reaching Recovery module fees CONTRACTOR shall provide payment for the COUNTY’s EHR system expenditures to COUNTY’s Fresno County Department of Behavioral Health, Accounts Receivable, P.O. Box 712, Fresno, CA 93717-0712, Attention: Business Office, within forty-five (45) days after the date of receipt by CONTRACTOR of the invoicing provided by COUNTY. C.At the discretion of COUNTY’s DBH Director or designee, if an invoice is incorrect or is otherwise not in proper form or substance, COUNTY’s DBH Director or designee, shall have the right to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90) day period, the invoice(s) is still not corrected to COUNTY DBH’s reasonable satisfaction, COUNTY’s DBH Director or designee, may elect to terminate this Agreement, pursuant to the termination provisions stated in Section Three (3) of this Agreement. In addition, for invoices received ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the discretion of COUNTY’s DBH Director or designee, COUNTY’s DBH shall have the right to deny payment of any additional invoices received. D.CONTRACTOR(S) shall submit monthly invoices and general ledgers to 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY’s DBH that itemize the line item charges for monthly program costs. Unallowable costs such as lobbying or political donations must be deducted from the monthly invoice reimbursements. The invoices and general ledgers will serve as tracking tools to determine if CONTRACTOR’s program costs are in accordance with its budgeted cost. Failure to submit GL reports and other supporting documentation shall be deemed sufficient cause for COUNTY to withhold payments until there is compliance, as further described in Section Five (5) herein. E.CONTRACTOR must maintain financial records for a period of seven (7) years or until any dispute, audit or inspection is resolved, whichever is later. CONTRACTOR will be responsible for any disallowances related to the inadequate documentation of CONTRACTOR. F.CONTRACTOR is responsible for collecting and managing of data in a manner to be determined by DHCS and COUNTY’s DBH in accordance with applicable rules and regulations. COUNTY’s EHR system is a critical source of information for purposes of monitoring service volume and obtaining reimbursement. CONTRACTOR must attend the COUNTY’s DBH training on equipment reporting for assets, intangible and sensitive minor assets, COUNTY’s EHR system, and related cost reporting. G.CONTRACTOR shall submit service data into COUNTY’s EHR system within thirty (30) calendar days from the date of services were rendered. CONTRACTOR will comply with all applicable policies, procedures, directives and guidelines regarding the use of COUNTY’s electronic information system. H.CONTRACTOR must provide all necessary data to allow COUNTY to bill Medi-Cal, and any other third-party source, for services and meet State and Federal reporting requirements. The necessary data can be provided by a variety of means, including but not limited to: 1) direct data entry into COUNTY’s EHR system; 2) providing an electronic file compatible with COUNTY’s EHR system; or 3) integration between COUNTY’s EHR system and CONTRACTOR’s information system. I.If a client has dual coverage, such as other health coverage (OHC) or Federal Medicare, CONTRACTOR will be responsible for billing the carrier and obtaining a payment/denial or have validation of claiming with no response ninety (90) days after the claim was mailed before the service can be entered into COUNTY’s EHR system. CONTRACTOR must report all third party collections for 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Medicare, third party, client pay, or private pay in each monthly invoice and in the annual cost report that is required to be submitted. A copy of explanation of benefits or CMS 1500 form is required as documentation. CONTRACTOR must report all revenue collected from OHC, third-party, client-pay, or private-pay in each monthly invoice and in the annual cost report that is required to be submitted. CONTRACTOR shall submit monthly invoices for reimbursement that equal the amount due CONTRACTOR less any funding sources not eligible for Federal and State reimbursement. CONTRACTOR must comply with all laws and regulations governing the Federal Medicare program, including, but not limited to: 1) the requirement of the Medicare Act, 42 U.S.C. section 1395 et seq; and 2) the regulation and rules promulgated by the Federal Centers for Medicare and Medicaid Services as they relate to participation, coverage and claiming reimbursement. CONTRACTOR will be responsible for CONTRACTOR’s compliance as of the effective date of each Federal, State or local law or regulation specified. J.Medi-Cal Certification and Mental Health Plan (MHP) Compliance CONTRACTOR shall establish and maintain Medi-Cal certification or become certified within ninety (90) days of the execution of this Agreement through COUNTY’s DBH. In addition, CONTRACTOR shall work with COUNTY’s DBH to execute the process if not currently certified by COUNTY for credentialing of staff. Service location must be approved by COUNTY’s DBH during the Medi-Cal certification process. During this process, the CONTRACTOR shall obtain a legal entity number established by DHCS as this is a requirement for maintaining COUNTY’s MHP Organizational Provider status throughout the term of this Agreement. CONTRACTOR shall become Medi-Cal certified prior to providing services to Medi-Cal eligible clients and seeking reimbursement from the COUNTY. CONTRACTOR will not be reimbursed by COUNTY for any services rendered prior to Medi-Cal certification. CONTRACTOR shall comply with any and all requests and directives associated with COUNTY maintaining State Medi-Cal site certification. CONTRACTOR shall provide specialty mental health services in accordance with COUNTY’s MHP. CONTRACTOR must comply with the “Fresno County Mental Health Plan Compliance Program and Code of Conduct” set forth in Exhibit D, attached hereto and incorporated herein by reference and made part of this Agreement. It is understood that each service is subject to audit for compliance with Federal and State regulations, and that COUNTY may be 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 making payments in advance of said review. In the event that a service is disapproved, COUNTY may, at its sole discretion, withhold compensation or set off from other payments due the amount of said disapproved services. CONTRACTOR shall be responsible for audit exceptions to ineligible dates of services or incorrect application of utilization review requirements. CONTRACTOR shall comply with any and all requests associated with any State and/or Federal reviews or audits. M.CONTRACTOR may provide direct specialty mental health services using unlicensed staff as long as the individual is approved by the COUNTY’s MHP, is supervised by licensed staff who meet the Board of Behavioral Sciences requirements for supervision, works within his/her scope, and only delivers allowable direct specialty mental health services. Unlicensed staff must also be credentialed by COUNTY’s MHP. 6.INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, 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 venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing their obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR 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 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this Agreement, CONTRACTOR may be providing services to others unrelated to COUNTY or to this Agreement. 7.MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. Notwithstanding the above, changes to services, staffing, and responsibilities of the CONTRACTOR, as needed, to accommodate changes in the laws relating to mental health treatment, as set forth in Exhibit A, may be made with the signed written approval of COUNTY’s DBH Director or designee and CONTRACTOR. In addition, changes to expense category (i.e., Salary & Benefits, Client Support, Facilities/Equipment, Operating Expenses, Administrative Expenses, Special Expenses, Fixed Assets, etc.) subtotals in the budgets, and changes to the volume of units of services/types of service units to be provided as set forth in Exhibit B, that do not exceed 10% of the maximum compensation payable to the CONTRACTOR may be made with the written approval of COUNTY’s DBH Director, or designee. Said modifications shall not result in any change to the annual maximum compensation amount payable to CONTRACTOR, as stated in this Agreement. 8.NON-ASSIGNMENT No party shall assign, transfer or subcontract this Agreement nor their rights or duties under this Agreement without the prior written consent of COUNTY. 9.HOLD-HARMLESS CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request, defend COUNTY, its officers, agents and employees from any and all costs and expenses, including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents or employees of covenants and duties under this Agreement, and from any and all costs and expenses, including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, their officers, agents or employees of covenants and duties under this 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. CONTRACTOR agrees to indemnify COUNTY for Federal and/or State of California audit exceptions resulting from noncompliance herein on the part of CONTRACTOR. 10.INSURANCE Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and affect the following insurance policies throughout the term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than Two MillionDollars ($2,000,000) per occurrence and an annual aggregate of Five MillionDollars ($5,000,000). This policy shall be issued on a per occurrence basis.COUNTY may require specific coverage including completed operations, productliability, contractual liability, Explosion, Collapse, and Underground (XCU), firelegal liability or any other liability insurance deemed reasonably necessarybecause of the nature of the Agreement. B.Automobile Liability Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).with limits of not less than) One Million Dollars ($1,000,000) per accident for bodily injury and property damage. C.Professional Liability Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. . The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) D.Child Abuse/Molestation and Social Services Coverage CONTRACTOR shall have either separate policies or an umbrella policy withendorsements covering Child Abuse/Molestation and Social Services Liabilitycoverage or have a specific endorsement on their General Commercial liabilitypolicy covering Child Abuse/Molestation and Social Services Liability. The policylimits for these policies shall be One Million Dollars ($1,000,000) per occurrence 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with a Two Million Dollars ($2,000,000) annual aggregate. The policies are to be on a per occurrence basis. E.Worker's Compensation A policy of Worker's Compensation Insurance as may be required by theCalifornia Labor Code. G.Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to duties and obligations undertaken by CONTRACTOR in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. H.Waiver of Subrogation CONTRACTOR hereby grants to COUNTY a waiver of any right to subrogationwhich any insurer of said CONTRACTOR may acquire against the COUNTY byvirtue of the payment of any loss under insurance. CONTRACTOR agrees toobtain any endorsement that may be necessary to affect this waiver ofsubrogation, but this provision applies regardless of whether or not the COUNTYhas received a waiver of subrogation endorsement from the insurer. I.Additional Requirements Related to InsuranceCONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under and this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTYyears after completion of work. Within thirty (30) days from the date CONTRACTOR signs this Agreement, CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health, 3133 N. Millbrook Ave, Fresno, California, 93703, Attention: Contracts Division, stating that such insurance coverages 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 fails to keep in effect at all times insurance coverage as herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 11.LICENSES/CERTIFICATES Throughout each term of this Agreement, CONTRACTOR and CONTRACTOR’s staff shall 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States of America, State of California, the County of Fresno, and any other applicable governmental agencies. CONTRACTOR shall notify COUNTY immediately in writing of its inability to obtain or maintain such licenses, permits, approvals, certificates, waivers and exemptions irrespective of the pendency of any appeal related thereto. Additionally, CONTRACTOR and CONTRACTOR’s staff shall comply with all applicable laws, rules or regulations, as may now exist or be hereafter changed. 12.RECORDS CONTRACTOR shall maintain records in accordance with Exhibit D, "Documentation Standards for Client Records", attached hereto and by this reference incorporated herein and made part of this Agreement. COUNTY shall be allowed to review all records of services provided, including the goals and objectives of the treatment plan, and how the therapy provided is achieving the goals and objectives. 13.REPORTS A.Outcome Reports CONTRACTOR shall submit to COUNTY’s DBH service outcome reports as reasonably requested by COUNTY’s DBH. Outcome reports and outcome requirements are subject to change at COUNTY’s DBH discretion. B.Additional Reports CONTRACTOR shall also furnish to COUNTY such statements, records, reports, data, and other information as COUNTY’s DBH may reasonably request pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide such reports or other information required hereunder within a reasonable time after request by the COUNTY’s DBH, it shall be deemed sufficient cause for COUNTY to withhold monthly payments until there is compliance. In addition, CONTRACTOR shall provide written notification and explanation to COUNTY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. C.Cost Report CONTRACTOR shall provide financial data to identify all direct and indirect costs incurred by the CONTRACTOR for all services delivered under this Agreement. All Cost Reports must be 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prepared in accordance with Generally Accepted Accounting Principles (GAAP) and Welfare and Institutions Code §§ 5651(a)(4), 5664(a), 5705(b)(3) and 5718(c). Unallowable costs such as lobbying or political donations must be deducted on the cost report and monthly invoice reimbursements. D.Settlements with State Department of Health Care Services (DHCS) During the term of this Agreement and thereafter, COUNTY and CONTRACTOR agree to settle dollar amounts disallowed or settled in accordance with DHCS audit settlement findings related to the reimbursement provided under this Agreement. CONTRACTOR will participate in the several phases of settlements between COUNTY/CONTRACTOR and DHCS. The phases of initial cost reporting for settlement according to State reconciliation of records for paid Medi-Cal services and audit settlement are: State DHCS audit 1) initial cost reporting - after an internal review by COUNTY, the COUNTY files the cost report with State DHCS on behalf of the CONTRACTOR’s legal entity for the fiscal year; 2) Settlement –State reconciliation of records for paid Medi-Cal services, approximately 18 to 36 months following the State close of the fiscal year, DHCS will send notice for any settlement under this provision to the COUNTY; 3) Audit Settlement-State DHCS audit. After final reconciliation and settlement DHCS may conduct a review of medical records, cost report along with support documents submitted to COUNTY in initial submission to determine accuracy and may disallow costs and/or units of services. COUNTY may choose to appeal and therefore reserves the right to defer payback settlement with CONTRACTOR until resolution of the appeal. DHCS Audits will follow Federal Medicaid procedures for managing overpayments. If at the end of the Audit Settlement, the COUNTY reasonably determines that it overpaid the CONTRACTOR based on objective finding of the DHCS, it will require the CONTRACTOR to repay the Medi-Cal related overpayment back to the COUNTY. Funds owed to COUNTY will be due within forty-five (45) days of notification by the COUNTY, or COUNTY shall withhold future payments until all excess funds have been recouped by means of an offset against any payments then or thereafter owing to COUNTY under this or any other Agreement between the COUNTY and CONTRACTOR. 14.MONITORING CONTRACTOR agrees to extend to COUNTY’s staff, COUNTY’s DBH Director and the State Department of Health Care Services, or their designees, the right to review and monitor records, 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 services or procedures, at any time, in regard to clients, as well as the overall operation of CONTRACTOR’s performance, in order to ensure compliance with the terms and conditions of this Agreement. 15.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. 16.COMPLIANCE WITH STATE REQUIREMENTS CONTRACTOR recognizes that COUNTY operates its mental health programs under an agreement with the State of California Department Health Care Services, and that under said agreement the State imposes certain requirements on COUNTY and its subcontractors. CONTRACTOR shall adhere to all State requirements applicable to CONTRACTOR’s services, including those identified in Exhibit E “State Mental Health Requirements”, attached hereto and by this reference incorporated herein and made part of this Agreement. CONTRACTOR shall also file an incident report for all incidents involving clients, following the Protocol and using the Worksheet identified in Exhibit F, attached hereto and by this reference incorporated herein and made part of this Agreement or a protocol and worksheet presented by CONTRACTOR that is accepted by COUNTY’s DBH Director or his or her designee. 17.COMPLIANCE WITH STATE MEDI-CAL REQUIREMENTS CONTRACTOR shall inform every client of their rights under the COUNTY's Mental Health Plan as described in Exhibit G, attached hereto and by this reference incorporated herein and made part of this Agreement. 18.CONFIDENTIALITY All services performed by CONTRACTOR under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 19.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT COUNTY and CONTRACTOR each consider and represent themselves as covered entities as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, Public Law 104- 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 191 (HIPAA) and agree to use and disclose Protected Health Information (PHI) as required by law. COUNTY and CONTRACTOR acknowledge that the exchange of PHI between them is only for treatment, payment, and health care operations. COUNTY and CONTRACTOR intend to protect the privacy and provide for the security of PHI pursuant to the Agreement in compliance with HIPAA, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (HITECH), and regulations promulgated thereunder by the U.S. Department of Health and Human Services (HIPAA Regulations) and other applicable laws. As part of the HIPAA Regulations, the Privacy Rule and the Security Rule require CONTRACTOR to enter into a contract containing specific requirements prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e) and 164.504€ of the Code of Federal Regulations. 20.DATA SECURITY For the purpose of preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services under this Agreement must employ adequate data security measures to protect the confidential information provided to CONTRACTOR by the COUNTY, including but not limited to the following: A.CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices CONTRACTOR may not connect to COUNTY networks via personally-owned mobile, wireless or handheld devices, unless the following conditions are met: 1)CONTRACTOR has received authorization by COUNTY for telecommuting purposes; 2)Current virus protection software is in place; 3)Mobile device has the remote wipe feature enabled; and 4)A secure connection is used. B.CONTRACTOR-Owned Computers or Computer Peripherals CONTRACTOR may not bring CONTRACTOR-owned computers or computer 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 peripherals into the COUNTY for use without prior authorization from the COUNTY’s Chief Information Officer, and/or his or her designee(s), including but not limited to mobile storage devices. If data is approved to be transferred, data must be stored on a secure server approved by the COUNTY and transferred by means of a Virtual Private Network (VPN) connection, or another type of secure connection. Said data must be encrypted. C. COUNTY-Owned Computer Equipment CONTRACTOR may not use COUNTY computers or computer peripherals on non- COUNTY premises without prior authorization from the COUNTY’s Chief Information Officer, and/or his or her designee(s). D.CONTRACTOR may not store COUNTY’s private, confidential or sensitive data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted. E.CONTRACTOR shall be responsible to employ strict controls to ensure the integrity and security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or disclosure of data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally and externally. F.Confidential client information transmitted to one party by the other by means of electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized. G.CONTRACTOR 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. 21.PROPERTY OF COUNTY 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.COUNTY and CONTRACTOR recognize that fixed assets are tangible and intangible property obtained or controlled under COUNTY’s Mental Health Plan for use in operational capacity and will benefit COUNTY for a period more than one year. Depreciation of the qualified items will be on a straight-line basis. For COUNTY purposes, fixed assets must fulfill three qualifications: 1)Asset must have life span of over one year. 2)The asset is not a repair part 3)The asset must be valued at or greater than the capitalization thresholds for the asset type Asset type Threshold •land $0 •buildings and improvements $100,000 •infrastructure $100,000 •be tangible $5,000 o equipmentovehicles •or intangible asset $100,000 o Internally generated softwareoPurchased softwareoEasementsoPatents •capital lease $5,000 Qualified fixed asset equipment is to be reported and approved by COUNTY. If it is approved and identified as an asset it will be tagged with a COUNTY program number. A Fixed asset log will be maintained by COUNTY’s Asset Management System and annual inventoried until the asset is fully depreciated. During the terms of this Agreement, CONTRACTOR’s fixed assets may be inventoried in comparison to COUNTY’s DBH Asset Inventory System. B.Certain purchases less than Five Thousand and No/100 Dollars ($5,000.00) but more than $1,000, with over one year life span, and are mobile and high risk of theft or loss are sensitive assets. Such sensitive items are not limited to computers, copiers, televisions, cameras and other sensitive items as determined by COUNTY’s DBH Director or designee. CONTRACTOR maintains a tracking 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 system on the items and are not required to be capitalize or depreciated. The items are subject to annual inventory for compliance. C.Assets shall be retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed and inventoried assets. Upon termination or expiration of this Agreement CONTRACTOR shall be physically present when fixed and inventoried assets are returned to COUNTY possession. CONTRACTOR is responsible for returning to COUNTY all COUNTY owned undepreciated fixed and inventoried assets, or the monetary value of said assets if unable to produce the assets at the expiration or termination of this Agreement. CONTRACTOR 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 with COUNTY assigned program number, 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 (10) days of any request therefore; and 3)To report in writing to COUNTY immediately after discovery, the lost or theft of any items of equipment. For stolen items, the local law enforcement agency must be contacted and a copy of the police report submitted to COUNTY. D.The purchase of any equipment by CONTRACTOR with funds provided hereunder shall require the prior written approval of COUNTY’s DBH, shall fulfill the provisions of this Agreement as appropriate, and must be directly related to CONTRACTOR’s services or activity under the terms of this Agreement. COUNTY’s DBH may refuse reimbursement for any costs resulting from equipment purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from COUNTY. E.CONTRACTOR must obtain prior written approval from COUNTY’s DBH whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using funds under this Agreement. If any real or personal property acquired or improved with said funds 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identified herein is sold and/or is utilized by CONTRACTOR for a use which does not qualify under this Agreement, CONTRACTOR shall reimburse COUNTY in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of funds not provided under this Agreement. These requirements shall continue in effect for the life of the property. In the event this Agreement expires, or terminates, the requirements for this Section shall remain in effect for activities or property funded with said funds, unless action is taken by the State government to relieve COUNTY of these obligations 22.NON-DISCRIMINATION During the performance of this Agreement, CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or gender, pursuant to all applicable State and Federal statutes and regulations. 23.CULTURAL COMPETENCY As related to Cultural and Linguistic Competence, CONTRACTOR shall comply with: A.Title 6 of the Civil Rights Act of 1964 (42 U.S.C. section 2000d, and 45 C.F.R. Part 80) and Executive Order 12250 of 1979 which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, national origin, sex, disability or religion. This is interpreted to mean that a limited English proficient (LEP) individual is entitled to equal access and participation in federally funded programs through the provision of comprehensive and quality bilingual services. B.Policies and procedures for ensuring access and appropriate use of trained interpreters and material translation services for all LEP clients, including, but not limited to, assessing the cultural and linguistic needs of its clients, training of staff on the policies and procedures, and monitoring its language assistance program. The CONTRACTOR’s procedures must include ensuring compliance of any sub-contracted providers with these requirements. C. CONTRACTOR shall not use minors as interpreters. D. CONTRACTOR shall provide and pay for interpreting and translation services to persons participating in CONTRACTOR’s services who have limited or no English language proficiency, 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including services to persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow such participants meaningful access to the programs, services and benefits provided by CONTRACTOR. 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 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 standards as published by the Office of Minority Health, CONTRACTOR must submit to COUNTY for approval, within sixty (60) days from date of contract execution, CONTRACTOR’s plan to address all fifteen (15) national cultural competency standards as set forth in the “National Standards on Culturally and Linguistically Appropriate Services (CLAS)”. COUNTY’s annual on-site review of CONTRACTOR shall include collection of documentation to ensure all national standards are implemented. As the national competency standards are updated, CONTRACTOR’s plan must be updated accordingly. Cultural competency training for CONTRACTOR’s staff should be substantively integrated into health professions education and training at all levels, both academic and functional, including core curriculum, professional licensure, and continuing professional development programs. CONTRACTOR on a monthly basis shall provide COUNTY DBH a monthly monitoring tool/report that shows all CONTRACTOR’s staff cultural competency trainings completed. 24.AMERICANS WITH DISABILITIES ACT CONTRACTOR agrees to ensure that deliverables developed and produced, pursuant to this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794 (d)), and regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. California Government Code section 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11135 codifies section 508 of the Act requiring accessibility of electronic and information technology. 25.TAX EQUITY AND FISCAL RESPONSIBILITY ACT To the extent necessary to prevent disallowance of reimbursement under section 1861(v)(1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(1)[I]), until the expiration of four (4) years after the furnishing of services under this Agreement, CONTRACTOR shall make available, upon written request to the Secretary of the United States Department of Health and Human Services, or upon request to 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 under this Agreement. CONTRACTOR further agrees that in the event CONTRACTOR 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 to the Secretary of the United States Department of Health and Human Services, or upon request to 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. 26.SINGLE AUDIT CLAUSE A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB) Circular A-133. CONTRACTOR shall submit said audit and management letter to COUNTY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, CONTRACTOR must include a corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY’s DBH Business Office, for review within nine (9) months of the end of any fiscal year in which funds were expended and/or 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 received for the program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with CONTRACTOR. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR. B.A single audit report is not applicable if CONTRACTOR’s Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or CONTRACTOR’s only funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR’s solvency. Said audit report shall be delivered to COUNTY’s DBH Business Office, for review no later than nine (9) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR who agrees to take corrective action to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the CONTRACTOR at COUNTY cost, as determined by COUNTY’s Auditor- Controller/Treasurer-Tax Collector. C.CONTRACTOR shall make available all records and accounts for inspection by COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at least three (3) years following final payment under this Agreement or the closure of all other pending matters, whichever is later. 27.COMPLIANCE CONTRACTOR agrees to comply with the COUNTY’s Contractor Code of Conduct and Ethics and the COUNTY’s Compliance Program in accordance with Exhibit C, attached hereto and incorporated herein by reference and made part of this Agreement. Within thirty (30) days of entering into this Agreement with the COUNTY, CONTRACTOR shall have all of CONTRACTOR’s employees, agents 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and subcontractors providing services under this Agreement certify in writing, that he or she has received, read, understood, and shall abide by the Contractor Code of Conduct and Ethics. CONTRACTOR shall ensure that within thirty (30) days of hire, all new employees, agents and subcontractors providing services under this Agreement shall certify in writing that he or she has received, read, understood, and shall abide by the Contractor Code of Conduct and Ethics. CONTRACTOR understands that the promotion of and adherence to the Code of Conduct is an element in evaluating the performance of CONTRACTOR and its employees, agents and subcontractors. Within thirty (30) days of entering into this Agreement, and annually thereafter, all employees, agents and subcontractors providing services under this Agreement shall complete general compliance training and appropriate employees, agents and subcontractors shall complete documentation and billing or billing/reimbursement training. All new employees, agents and subcontractors shall attend the appropriate training within 30 days of hire. Each individual who is required to attend training shall certify in writing that he or she has received the required training. The certification shall specify the type of training received and the date received. The certification shall be provided to the COUNTY’s Compliance Officer at 3133 N. Millbrook, Fresno, California 93703. CONTRACTOR agrees to reimburse COUNTY for the entire cost of any penalty imposed upon COUNTY by the Federal Government as a result of CONTRACTOR’s violation of the terms of this Agreement. 28.ASSURANCES In entering into this Agreement, CONTRACTOR certifies that neither it, nor any of its officers, are currently excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health Care Programs; that neither it, nor any of its officers, have been convicted of a criminal offense related to the provision of health care items or services; nor has it, or any of its officers, been reinstated to participate in the Federal Health Care Programs after a period of exclusion, suspension, debarment, or ineligibility. If COUNTY learns, subsequent to entering into a contract, that CONTRACTOR is ineligible on these grounds, COUNTY will remove CONTRACTOR from responsibility for, or involvement with, COUNTY’s business operations related to the Federal Health Care Programs and shall remove such CONTRACTOR from any position in which CONTRACTOR’s compensation, or the items or services rendered, ordered or prescribed by CONTRACTOR may be paid in whole or part, directly or indirectly, by 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Federal Health Care Programs or otherwise with Federal Funds at least until such time as CONTRACTOR is reinstated into participation in the Federal Health Care Programs. A.If COUNTY has notice that either CONTRACTOR, or its officers, has been charged with a criminal offense related to any Federal Health Care Program, or is proposed for exclusion during the term of any contract, CONTRACTOR and COUNTY shall take all appropriate actions to ensure the accuracy of any claims submitted to any Federal Health Care Program. At its discretion given such circumstances, COUNTY may request that CONTRACTOR cease providing services until resolution of the charges or the proposed exclusion. B.CONTRACTOR agrees that all potential new employees of CONTRACTOR or subcontractors of CONTRACTOR who, in each case, are expected to perform professional services under this Agreement, will be queried as to whether (1) they are now or ever have been excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2) they have been convicted of a criminal offense related to the provision of health care items or services; and or (3) they have been reinstated to participate in the Federal Health Care Programs after a period of exclusion, suspension, debarment, or ineligibility. 1)In the event the potential employee or subcontractor informs CONTRACTOR that he or she is excluded, suspended, debarred or otherwise ineligible, or has been convicted of a criminal offense relating to the provision of health care services, and CONTRACTOR hires or engages such potential employee or subcontractor, CONTRACTOR will ensure that said employee or subcontractor does no work, either directly or indirectly relating to services provided to COUNTY. 2)Notwithstanding the above, COUNTY at its discretion may terminate this Agreement in accordance with Section Three (3) of this Agreement, or require adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible employee or subcontractor of CONTRACTOR will perform work, either directly or indirectly, relating to services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time frame to be determined by COUNTY to protect the interests of COUNTY consumers. C.CONTRACTOR shall verify (by asking the applicable employees and subcontractors) that all current employees and existing subcontractors who, in each case, are expected to 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 perform professional services under this Agreement (1) are not currently excluded, suspended, debarred, or otherwise ineligible to participate in the Federal Health Care Programs; (2) have not been convicted of a criminal offense related to the provision of health care items or services; and (3) have not been reinstated to participate in the Federal Health Care Program after a period of exclusion, suspension, debarment, or ineligibility. In the event any existing employee or subcontractor informs CONTRACTOR 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 will ensure that said employee or subcontractor does no work, either direct or indirect, relating to services provided to COUNTY. 1)CONTRACTOR agrees to notify COUNTY immediately during the term of this Agreement whenever CONTRACTOR 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 the above, COUNTY at its discretion may terminate this Agreement in accordance with Section 3 of this Agreement, or require adequate assurance (as defined by COUNTY) that no excluded, suspended or otherwise ineligible employee or subcontractor of CONTRACTOR will perform work, either directly or indirectly, relating to services provided to COUNTY. Such demand for adequate assurance shall be effective upon a time frame to be determined by COUNTY to protect the interests of COUNTY consumers. D.CONTRACTOR agrees to cooperate fully with any reasonable requests for information from COUNTY which may be necessary to complete any internal or external audits relating to CONTRACTOR’s compliance with the provisions of this Section. E.CONTRACTOR agrees to reimburse COUNTY for the entire cost of any penalty imposed upon COUNTY by the Federal Government as a result of CONTRACTOR’s violation of CONTRACTOR’s obligations as described in this Section. 29.PUBLICITY PROHIBITION None of the funds, materials, property or services provided directly or indirectly under this 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement shall be used for CONTRACTOR’s advertising, fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, publicity of the services described in Section One (1) of this Agreement shall be allowed as necessary to raise public awareness about the availability of such specific services when approved in advance by COUNTY’s DBH Director or designee and at a cost to be provided in Exhibit B for such items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s). 30.COMPLAINTS CONTRACTOR shall log complaints and the disposition of all complaints from a client or a client's family. CONTRACTOR shall provide a copy of the detailed complaint log entries concerning COUNTY-sponsored clients to COUNTY at monthly intervals by the tenth (l 0th) day of the following month, in a format that is mutually agreed upon. In addition, CONTRACTOR shall provide details and attach documentation of each complaint with the log. CONTRACTOR shall post signs informing clients of their right to file a complaint or grievance. CONTRACTOR shall notify COUNTY of all incidents reportable to State licensing bodies that affect COUNTY clients within twenty-four (24) hours of receipt of a complaint. Within ten (10) days after each incident or complaint affecting COUNTY clients, CONTRACTOR shall provide COUNTY with information relevant to the complaint, investigative details of the complaint, the complaint and CONTRACTOR's disposition of, or corrective action taken to resolve the complaint. In addition, CONTRACTOR shall inform every client of their rights as set forth in Exhibit G. CONTRACTOR shall file an incident report for all incidents involving clients, following the protocol and using the worksheet identified in Exhibit F and incorporated herein by reference and made part of this Agreement. 31.DISCLOSURE OF OWNERSHIP AND/OR CONTROL INTEREST INFORMATION This provision is only applicable if CONTRACTOR is a disclosing entity, fiscal agent, or managed care entity as defined in Code of Federal Regulations (C.F.R), Title 42 § 455.101 455.104, and 455.106(a)(1),(2). In accordance with C.F.R., Title 42 §§ 455.101, 455.104, 455.105 and 455.106(a)(1),(2), the following information must be disclosed by CONTRACTOR by completing Exhibit H, “Disclosure of 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ownership and Control Interest Statement”, attached hereto and by this reference incorporated herein and made part of this Agreement. CONTRACTOR shall submit this form to the COUNTY’s DBH within thirty (30)days of the effective date of this Agreement. Additionally, CONTRACTOR shall report any changes to this information within thirty-five (35) days of occurrence by completing Exhibit H, “Disclosure of Ownership and Control Interest Statement.” Submissions shall be scanned pdf copies and are to be sent via email to DBHAdministration@co.fresno.ca.us attention: Contracts Administration. 32.DISCLOSURE – CRIMINAL HISTORY AND CIVIL ACTIONS CONTRACTOR is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as “CONTRACTOR”): A.Within the three-year period preceding the Agreement award, they have been convicted of, or had a civil judgment rendered against them for: 1)Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; 2)Violation of a federal or state antitrust statute; 3)Embezzlement, theft, forgery, bribery, falsification, or destruction of records; or 4)False statements or receipt of stolen property. B.Within a three-year period preceding their Agreement award, they have had a public transaction (federal, state, or local) terminated for cause or default. Disclosure of the above information will not automatically eliminate CONTRACTOR from further business consideration. The information will be considered as part of the determination of whether to continue and/or renew this Agreement and any additional information or explanation that a CONTRACTOR elects to submit with the disclosed information will be considered. If it is later determined that the CONTRACTOR failed to disclose required information, any contract awarded to such CONTRACTOR may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. CONTRACTOR must sign a “Certification Regarding Debarment, Suspension, and Other 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Responsibility Matters- Primary Covered Transactions” in the form set forth in Exhibit I, attached hereto and by this reference incorporated herein and made part of this Agreement. Additionally, CONTRACTOR must immediately advise the COUNTY’s DBH in writing if, during the term of this Agreement: (1) CONTRACTOR becomes suspended, debarred, excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties’ list system (http://www.epls.gov); or (2) any of the above listed conditions become applicable to CONTRACTOR. CONTRACTOR shall indemnify, defend and hold the COUNTY harmless for any loss or damage resulting from a conviction, debarment, exclusion, ineligibility or other matter listed in the signed Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 33.DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the CONTRACTOR is operating as a corporation (a for- profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit J and incorporated herein by reference and made part of this Agreement, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 34.AUDITS AND INSPECTIONS The CONTRACTOR shall with 24 hours advance notice, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR’s compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR shall be subject to the examination and audit of the State Auditor General for a period of three (3) years after final payment under contract (California Government Code section 8546.7). 35.NOTICES The persons having authority to give and receive notices under this Agreement and their addresses include the following: COUNTY CONTRACTOR Director, Fresno County Chief Executive Officer Department of Behavioral Health RH Community Builders 1925 E. Dakota Ave 352 Bedford Ave Fresno, CA 93726 Fresno, CA 93711 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 36.GOVERNING LAW Venue for any action arising out of or related to the Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement shall be governed in all respects by the laws of the State of California. 37.ENTIRE AGREEMENT This Agreement, including all Exhibits, constitutes the entire agreement between CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wayne Rutledge , Chief Executive Officer Print Name & Title 352 W Bedford #110 Fresno CA 93711 Mailing Address 18 FOR ACCOUNTING USE ONLY : 19 20 21 22 23 24 25 26 27 28 Fund/Subclass: 0001/10000 Org No.: 5630 Account No .: 7295 COUNTY OF FRESNO Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California 34 Exhibit A Page 1 of 6 SHORT-TERM LODGING DRIVEN BY PEER SUPPORT SERVICES SCOPE OF WORK ORGANIZATION: RH Community Builders ADDRESS: 352 Bedford Ave. Suite 110, Fresno, CA. 93711 SERVICE ADDRESS: 1040 N. Pleasant Ave. Fresno, CA. 93728 INTRODUCTION RH Community Builders (RHCB) will provide short-term lodging services to individuals with severe mental illness who are experiencing or at risk of homelessness. The intent of these services is to gain insight through a pilot research project on what can enhance and increase engagement of individuals who are homeless or at risk for homelessness, with the onset of an early or severe mental illness and who are not engaging in care due to being in the precontemplation stage of change. TARGET POPULATION The target population shall be adults 18 years and older living with a Severe Mental Illness (SMI) and/or Co-Occuring Disorder (mental health and substance use disorder) who are in the precontemplation stage of change to engage in the behavioral health system and also experiencing homelessness or are at risk of becoming homeless. The program will not be open to referrals from organizations serving Fresno County’s much larger homeless population, nor is this program geared towards families. Rather, the target population would be persons who meet all of the following specific criteria: 1.Have an SMI 2.Homeless or at-risk of homelessness 3.Not engaged in behavioral health outpatient services (may have accessed care through the emergency department, hospitals and/or jails) 4.Eligible for Fresno County Department of Behavioral Health (DBH) services PROJECT DESCRIPTION The Lodge will provide high quality, individualized services that aim to help clients identify what their needs are, seek support, and grow in their desire for change. The program will integrate Trauma Informed principles including empowering clients, providing peer support, and creating a safe environment. With a dignity first approach, individuals will provide a significant voice in their treatment planning and will feel empowered to voice their preference for services. The program will provide short-term lodging driven by peer support services for 30 beds. Services will be provided to individuals that are referred through a Fresno County approved referral source such as the Emergency Room, Crisis Intervention Team, or Psychiatric Hospital. Exhibit A Page 2 of 6 All individuals will be immediately enrolled in The Lodge and within 72 hours and a Peer Support Specialist will engage the individual to do an additional assessment to gain a better understanding of the individual’s needs and barriers. Intake to The Lodge will be brief and only gather basic information to allow individuals to settle in before additional assessments are conducted. The Peer Support Specialist will begin building rapport with the individual and encourage the individual to begin attending supports that are most appropriate for their needs. Peer support staff to be trained to use motivational interviewing as a primary engagement tool. Individuals will be rapidly accepted into The Lodge after a brief screening to ensure they meet criteria for the program. The Lodge will operate under low-barrier standards, meaning referred individual’s may still be active in addiction, but will not be permitted to bring illegal drugs or alcohol into the facility. Staff will be trained to search individual’s belongings upon entry and allow individuals to surrender any drugs, alcohol, or weapons without penalty. Individual’s will be permitted to bring their personal belongings into the facility and RHCB will provide a secure location for other belongings such as camping gear, trailers, or excessive belongings. At the time of arrival, individuals and the staff will complete an inventory form of which a copy will be provided to the individual and placed in the individual’s file. Individuals will not be penalized for surrendering illegal drugs or weapons, but such items will not be returned. Illegal drugs, weapons, and alcohol will be logged into a destruction log and immediately disposed of properly by a member of the Management Team. Once a individual’s belongings have been searched, staff will assist the individual with getting settled into their bed. All bedroom areas will have access to showers. Individuals will have access to no cost laundry facilities and offered hygiene supplies and clothing if needed. RHCB understands that individuals may enter The Lodge immediately after crisis and may need time to rest and become comfortable. Individuals will not be pressured to immediately engage if they are not ready and individuals will drive the pace of their treatment throughout their stay at The Lodge. The Lodge will be well equipped with all needed supplies including hygiene product, clothes, and other basic necessities to ensure that individuals feel their physiological needs are met. The Lodge will offer three full meals per day with snacks available between meals. RHCB will operate The Lodge with a Housing First model based on the philosophy that safe and stable housing will be the entry point to services, not the reward for entry into services. RHCB fully embraces the principles of Housing First including harm reduction where individuals do not have to be clean and sober to enter housing and individuals are not required to participate in scheduled services such as groups or individual meetings during their stay. RHCB will seek to remove as many barriers as possible to make it possible for individuals to receive services. The Lodge will accept referred individuals to “come as you are”, including with their pets and belongings. RHCB will work with individuals to keep their pets with them while in services and provide kennels for pets along with ample storage space for individuals to secure their belongings. Exhibit A Page 3 of 6 Sobriety will not be a condition of entry into The Lodge and staff will be trained to recognize when an individual is under the influence or going through withdrawal. The Licensed Vocational Nurse (LVN) will be available to monitor an individual who is going through detoxification from substance use. All staff will be trained on emergency protocols and when emergency medical personal should be contacted. Narcan will be available as needed and all staff will be trained in administering Narcan as well as the safety protocols to follow after administration. Narcan will be stored and secured in the Medication Cabinet and also in common areas to allow easy access. Individuals will be encouraged to participate in recovery services such as Narcotics Anonymous (NA) and Alcoholics Anonymous (AA) if substance use disorder treatment is a needed. Clients will also be linked to residential or outpatient substance use disorder treatment through Fresno County if they express a desire for treatment. The Peer Support Specialists and Case Managers will be fully trained on how to access treatment services and be available to support individuals in accessing services. RHCB will provide transportation to and from treatment if services become an active piece of the individual’s treatment plan. The length of stay is 45 days. The anticipated average individual length of stay in the Lodge shall be in accordance with each individual’s assessed needs, but not exceed 45 days. The Lodge will aim to not only link, but fully engage, individuals into additional services. Individuals will become engaged into the Coordinated Entry System (CES) to ensure individuals become eligible for housing programs. Individuals will be considered successfully discharged when they have been accepted and engaged by an ongoing service provider. STAFFING Staff providing direct services to individuals includes the following: •Peer Support Specialists •A Licensed Vocational Nurse •Case Managers •Clinicians RHCB will also support the program with interns who are currently pursuing degrees in Alcohol and Drug Counseling and Social Work in order to provide additional resources to the individuals served. The Lodge will also be supported by a Kitchen Manager, Driver, and Janitor. The Lodge will be staffed 24/7 by Peer Support Specialists and will have bilingual staff available 24/7. All staff will also be trained on accessing the Language Line to provide translation services, if needed. At a minimum, The Lodge will be staffed at a ratio of 1:10 for direct staff to individuals served and at many times, there will be a ratio of 1:7.5 staff to individuals served. REPORTING REQUIREMENTS AND OUTCOME MONITORING Throughout the process of services, RHCB will provide regular updates to DBH summarizing how the goals and objectives were met through the provision of services. RHCB shall actively participate with DBH and any outside consultants for performance monitoring and reporting requirements. Exhibit A Page 4 of 6 At minimum, one performance indicator will be identified for each of the four Commission on Accreditation of Rehabilitation Facilities (CARF) domains listed below. a.Access to care: The ability of individuals to receive the right service at the right time. Examples include: 1.Timeliness of bridging prescriptions 2.Timeliness of identifying clients with a serious mental illness 3.Timeliness between individual referral for assessment and completion of assessment; assessment to first treatment service; and, first treatment service to next follow-up 4.Timeliness of subsequent follow-up visits 5.Timeliness of response to sick call/health service requests b.Effectiveness: Objective results achieved through health care services. Examples include: 1.Effectiveness of crisis interventions 2.Effectiveness of treatment interventions (medical and behavioral health indicators) 3.Effectiveness of discharge planning (such as percentage of clients successfully linked to County programs, community providers, and/or other community resources after release) 4.Timely continuity of verified community prescriptions for medication(s), upon individual’s release 5.Effectiveness of transportation coordination, upon release c.Efficiency: The demonstration of the relationship between results and the resources used to achieve them. Examples include: 1.Cost per individual served 2.Number of units of services per FTE by discipline 3.Number of individuals served per general population 4.Comparison of numbers served against industry standards d.Satisfaction and Compliance: The degree to which individuals, County, and other stakeholders are satisfied with the services. Examples include: 1.Audits and other performance and utilization reviews of health care services and compliance with agreement terms and conditions 2.Surveys of persons served, family members, other health care providers, and other stakeholders The following items listed below represent program goals to be achieved by RHCB. Effectiveness: Exhibit A Page 5 of 6 1.85% of individuals will successfully engage in outpatient mental health or substance abuse treatment. 2.The number of unique visits to the Crisis Stabilization Unit for each individual served will be reduced by 75%. 3.The number of unique visits to the Emergency room will be reduced by 85% for each individual served. Efficiency: 1.RHCB will establish a baseline cost per individual served in the initial partial year. 2.RHCB will reduce cost per individual served annually thereafter. Access: 1.Wait time from admission into the Lodge to initial peer assessment by RHCB will be 72 hours or less. 2.Once an individual has moved from the “pre-contemplative” stage and determined that they are interested in seeking mental-health services, a mental-health assessment by RHCB will be done within 48 hours. Satisfaction: 1.85% of individuals served will report “Satisfied” or “Very Satisfied” with services on RHCB’s individuals served exit survey. 2. 85% of the families of individuals served that are actively involved in the lives of individuals served will rate “Significant” or “Critical” in response to Importance of The Lodge in your loved one accessing ongoing services. During the term of this Agreement, additional data collection opportunities may be identified and implemented to support the Mental Health Services Act (MHSA) Innovation Component research aspects of The Lodge program. DBH and RHCB will review additional outcomes, MHSA requirements and CARF standards to establish any further agreed upon outcomes to be tracked. RHCB will actively collaborate with a third-party consultant to develop and refine data collection and reporting processes in order to ensure compliance with MHSA Innovation Component requirements. ADDITIONAL PERFORMANCE MONITORING REQUIREMENTS: RHCB shall: 1)Be required to comply with any requirements as related to performance outcomes, quality of life and/or customer satisfaction as a Medi-Cal Organizational Provider, as described in Exhibit H. 2)Be required to comply with all State regulations regarding State Performance Outcomes measurement requirements and participate in the outcomes measurement process as required by DBH. Exhibit A Page 6 of 6 3)Participate in performance outcomes throughout each term of this Agreement. DBH will notify RHCB when its participation is required. The performance outcome measurement process will not be limited to survey instruments but will also include, as appropriate, individual and staff interviews, chart reviews, and other methods of obtaining needed information. Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.30 11,700$ -$ 11,700$ 1102 Program Manager 1.00 25,740 - 25,740 1103 Clinical Supervisor 1.00 20,800 - 20,800 1104 Peer Supervisor 1.00 7,930 - 7,930 1105 Office Manager 1.00 8,320 - 8,320 1106 Peer Support Specalist I 3.00 7,930 - 7,930 1107 Peer Support Specalist II 4.00 11,786 - 11,786 1108 Clinician 2.00 20,375 - 20,375 1109 Licensed Vocational Nurse 1.00 6,500 - 6,500 1110 Case Manager 2.00 9,750 - 9,750 1111 Kitchen Manager 0.75 2,210 - 2,210 1112 Overnight Security Monitor 1.50 3,900 - 3,900 1113 Driver 0.75 1,105 - 1,105 1114 Janitor 0.50 2,551 - 2,551 1115 Bookkeeper 0.25 4,290 - 4,290 1116 - - - 1117 - - - 1118 - - - 1119 - - - 1120 - - - Personnel Salaries Subtotal 20.05 144,887$ -$ 144,887$ Employee Benefits Acct #Admin Direct Total 1201 -$ -$ -$ 1202 22,519 22,519 1203 28,639 28,639 1204 - - - 1205 - - - 1206 - - - 51,158$ -$ 51,158$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1301 20,214$ 20,214$ 1302 24,942 24,942 1303 11,085 11,085 1304 - - - 1305 - - - 1306 - - - 56,241$ -$ 56,241$ 252,286$ -$ 252,286$ Other (Specify) Employee Benefits Subtotal: Description 1000: SALARIES & BENEFITS Retirement Worker's Compensation Health Insurance Other (Specify) Other (Specify) OASDI FICA/MEDICARE SUI Other (Specify) PROGRAM EXPENSES Other (Specify) Other (Specify) EMPLOYEE SALARIES & BENEFITS TOTAL: The Lodge RH Community Builders Ramp Up 10/20/2020-1/31/2021 Description Payroll Taxes & Expenses Subtotal: Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 1 of 16 2000: CLIENT SUPPORT Acct #Amount 2001 -$ 2002 - 2003 8,000 2004 3,500 2005 - 2006 - 2007 - 2008 - 2009 1,850 2010 - 2011 - 2012 - 2013 - 2014 - 2015 - 2016 - 13,350$ 3000: OPERATING EXPENSES Acct #Amount 3001 3,425$ 3002 100 3003 6,500 3004 - 3005 8,500 3006 850 3007 - 3008 - 3009 3,150 3010 - 3011 - 3012 - 22,525$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 4002 54,000 4003 - 4004 5,000 4005 2,700 4006 17,775 4007 - 4008 - 4009 - 4010 - 79,475$ 5000: SPECIAL EXPENSES Staff Mileage Subscriptions & Memberships Clothing, Food, & Hygiene Other (Specify) Other (Specify) Office, Household & Program Supplies Utility Vouchers Program Supplies - Medical Medication Supports Household Items for Clients Employment Support Other (Specify) Other (Specify) Other (Specify) Telecommunications Printing/Postage Client Transportation & Support Client Housing Support Other (Specify) Other (Specify) Rent/Lease Vehicles FACILITIES/EQUIPMENT TOTAL: OPERATING EXPENSES TOTAL: Line Item Description DIRECT CLIENT CARE TOTAL Other (Specify) Other (Specify) Advertising Rent/Lease Building Building Maintenance Education Support Other Vehicle Insurance Security Utilities Rent/Lease Equipment Other (Specify) Other (Specify) Other (Specify) Other (Specify) Vehicle Maintenance Staff Development & Training Child Care Line Item Description Line Item Description Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 2 of 16 Acct #Amount 5001 10,000$ 5002 - 5003 - 5004 - 5005 - 5006 - 5007 - 5008 - 10,000$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 27,000$ 6002 8,200 6003 1,500 6004 - 6005 - 6006 630 6007 - 6008 8,000 6009 - 6010 - 6011 - 6012 - 45,330$ 7000: FIXED ASSETS Acct #Amount 7001 34,500$ 7002 9,650 7003 28,000 7004 11,500 7005 7,200 7006 - 7007 - 7008 - 90,850$ Line Item Description Consultant (Network & Data Management) Contractual/Consulting Services (Specify) Translation Services External Audit Insurance (Specify): Other recuriting fees/staffing agency fees Other Assets over $500 with Lifespan of 2 Years + 513,816$ TOTAL PROGRAM EXPENSES FIXED ASSETS EXPENSES TOTAL ADMINISTRATIVE EXPENSES TOTAL SPECIAL EXPENSES TOTAL: Line Item Description Professional Liability Insurance Accounting/Bookkeeping Payroll Services Other (Specify) Other (Specify) Other (Specify) Other (Specify) Assets over $5,000/unit (Specify) Depreciation (Provider-Owned Equipment to be Used for Program Purposes) Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures Leasehold/Tenant/Building Improvements Other (Specify) Other (Specify) Administrative Overhead Other (Specify) Other (Specify) Other (Specify) Other (Specify) Line Item Description HMIS (Health Management Information System) Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 3 of 16 Acct #Service Units Rate Amount 8001 Mental Health Services 0 - -$ 8002 Case Management 0 - - 8003 Crisis Services 0 - - 8004 Medication Support 0 - - 8005 Collateral 0 - - 8006 Plan Development 0 - - 8007 Assessment 0 - - 8008 Rehabilitation 0 - - 0 -$ 0% - 0%- -$ Acct #Amount 8101 Drug Medi-Cal -$ 8102 SABG -$ -$ Acct #Amount 8201 Realignment -$ -$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 513,816 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 513,816$ Acct #Amount 8401 Client Fees -$ 8402 Client Insurance - 8403 - 8404 - 8405 - -$ Grants (Specify) Other (Specify) Other (Specify) Estimated Specialty Mental Health Services Billing Totals: Estimated % of Clients who are Medi-Cal Beneficiaries Estimated Total Cost of Specialty Mental Health Services Provided to Medi-Cal Beneficiaries Federal Financial Participation (FFP) % 8200 - REALIGNMENT NET PROGRAM COST: PROGRAM FUNDING SOURCES TOTAL PROGRAM FUNDING SOURCES:513,816$ -$ SUBSTANCE USE DISORDER FUNDS TOTAL MEDI-CAL FFP TOTAL MHSA TOTAL Line Item Description Line Item Description 8100 - SUBSTANCE USE DISORDER FUNDS OTHER REVENUE TOTAL Line Item Description 8400 - OTHER REVENUE 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) MHSA Program Name 8300 - MENTAL HEALTH SERVICE ACT (MHSA) Line Item Description REALIGNMENT TOTAL Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 4 of 16 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.30 13,000$ -$ 13,000$ 1102 Program Manager 1.00 18,000 10,599 28,599 1103 Clinical Supervisor 1.00 22,000 12,666 34,666 1104 Peer Supervisor 1.00 17,000 5,533 22,533 1105 Office Manager 1.00 16,466 - 16,466 1106 Peer Support Specalist I 3.00 - 39,649 39,649 1107 Peer Support Specalist II 4.00 - 58,932 58,932 1108 Clinician 2.00 - 45,933 45,933 1109 Licensed Vocational Nurse 1.00 - 21,667 21,667 1110 Case Manager 2.00 - 32,288 32,288 1111 Kitchen Manager 0.75 - 11,050 11,050 1112 Overnight Security Monitor 1.50 - 19,500 19,500 1113 Driver 0.75 - 11,050 11,050 1114 Janitor 0.50 - 6,933 6,933 1115 Bookkeeper 0.25 4,767 - 4,767 1116 - - - 1117 - - - 1118 - - - 1119 - - - 1120 - - - Personnel Salaries Subtotal 20.05 91,233$ 275,800$ 367,033$ Employee Benefits Acct #Admin Direct Total 1201 875$ 2,084$ 2,959$ 1202 5,879 19,143 25,022 1203 7,519 40,213 47,732 1204 - - - 1205 - - - 1206 - - - 14,273$ 61,440$ 75,713$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1301 5,283$ 17,178$ 22,461$ 1302 10,429 21,196 31,625 1303 2,897 9,421 12,318 1304 - - - 1305 - - - 1306 - - - 18,609$ 47,795$ 66,404$ 124,115$ 385,035$ 509,150$ Other (Specify) Other (Specify) Other (Specify) Payroll Taxes & Expenses Subtotal: EMPLOYEE SALARIES & BENEFITS TOTAL: FICA/MEDICARE SUI Retirement Worker's Compensation Health Insurance Other (Specify) Other (Specify) Other (Specify) The Lodge RH Community Builders Fiscal Year (FY) 2/1/2021-6/30/2021 PROGRAM EXPENSES 1000: SALARIES & BENEFITS Description Employee Benefits Subtotal: Description OASDI Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 5 of 16 2000: CLIENT SUPPORT Acct #Amount 2001 -$ 2002 - 2003 11,000 2004 38,500 2005 - 2006 - 2007 - 2008 - 2009 3,000 2010 - 2011 - 2012 - 2013 - 2014 - 2015 - 2016 - 52,500$ 3000: OPERATING EXPENSES Acct #Amount 3001 3,425$ 3002 730 3003 11,500 3004 - 3005 2,500 3006 1,938 3007 - 3008 900 3009 3,500 3010 - 3011 - 3012 - 24,493$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 6,000$ 4002 60,000 4003 1,750 4004 2,500 4005 3,000 4006 20,000 4007 - 4008 - 4009 - 4010 - 93,250$ 5000: SPECIAL EXPENSES FACILITIES/EQUIPMENT TOTAL: Security Utilities Other (Specify) Other (Specify) Other (Specify) Other (Specify) OPERATING EXPENSES TOTAL: Line Item Description Building Maintenance Rent/Lease Building Rent/Lease Equipment Rent/Lease Vehicles Subscriptions & Memberships Vehicle Maintenance Other Vehicile Insurance Other (Specify) Other (Specify) Other (Specify) Telecommunications Printing/Postage Office, Household & Program Supplies Advertising Staff Development & Training Staff Mileage Other (Specify) Other (Specify) Other (Specify) Other (Specify) DIRECT CLIENT CARE TOTAL Line Item Description Household Items for Clients Medication Supports Program Supplies - Medical Utility Vouchers Other (Specify) Other (Specify) Client Housing Support Client Transportation & Support Clothing, Food, & Hygiene Education Support Employment Support Line Item Description Child Care Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 6 of 16 Acct #Amount 5001 1,500$ 5002 - 5003 - 5004 3,500 5005 - 5006 - 5007 - 5008 - 5,000$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 25,000$ 6002 6,450 6003 1,500 6004 8,000 6005 - 6006 700 6007 - 6008 - 6009 - 6010 - 6011 - 6012 - 41,650$ 7000: FIXED ASSETS Acct #Amount 7001 2,000$ 7002 1,500 7003 2,300 7004 - 7005 1,500 7006 - 7007 - 7008 - 7,300$ FIXED ASSETS EXPENSES TOTAL TOTAL PROGRAM EXPENSES 733,343$ Assets over $5,000/unit (Specify) Other (Specify) Other (Specify) Administrative Overhead Professional Liability Insurance Accounting/Bookkeeping External Audit Depreciation (Provider-Owned Equipment to be Used for Program Purposes) SPECIAL EXPENSES TOTAL: Line Item Description Line Item Description Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures Leasehold/Tenant/Building Improvements Other Assets over $500 with Lifespan of 2 Years + ADMINISTRATIVE EXPENSES TOTAL Other (Specify) Other (Specify) Other (Specify) Other (Specify) Other (Specify) Payroll Services Other (Specify) Other (Specify) Other (Specify) Other (Specify) Insurance (Specify): Line Item Description Consultant (Network & Data Management) HMIS (Health Management Information System) Contractual/Consulting Services (Specify) Translation Services Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 7 of 16 Acct #Service Units Rate Amount 8001 Mental Health Services 10,000 2.73 27,300$ 8002 Case Management 10,000 2.11 21,100 8003 Crisis Services 500 4.11 2,055 8004 Medication Support 1,500 5.04 7,560 8005 Collateral 5,000 2.73 13,650 8006 Plan Development 3,000 2.73 8,190 8007 Assessment 5,000 2.73 13,650 8008 Rehabilitation 15,000 2.73 40,950 50,000 134,455$ 68% 91,429 100%91,429 91,429$ Acct #Amount 8101 Drug Medi-Cal -$ 8102 SABG -$ -$ Acct #Amount 8201 Realignment (0)$ (0)$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 641,914 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 641,914$ Acct #Amount 8401 Client Fees -$ 8402 Client Insurance - 8403 - 8404 - 8405 - -$ OTHER REVENUE TOTAL TOTAL PROGRAM FUNDING SOURCES:733,343$ NET PROGRAM COST: -$ MHSA TOTAL 8400 - OTHER REVENUE Line Item Description Grants (Specify) Other (Specify) Other (Specify) PROGRAM FUNDING SOURCES 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) Line Item Description Estimated Specialty Mental Health Services Billing Totals: Estimated % of Clients who are Medi-Cal Beneficiaries Estimated Total Cost of Specialty Mental Health Services Provided to Medi-Cal Beneficiaries Line Item Description REALIGNMENT TOTAL 8300 - MENTAL HEALTH SERVICE ACT (MHSA) MHSA Program Name Federal Financial Participation (FFP) % MEDI-CAL FFP TOTAL 8100 - SUBSTANCE USE DISORDER FUNDS Line Item Description SUBSTANCE USE DISORDER FUNDS TOTAL 8200 - REALIGNMENT Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 8 of 16 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.30 31,200$ 31,200$ 1102 Program Manager 1.00 55,000 13,600 68,600 1103 Clinical Supervisor 1.00 60,000 23,200 83,200 1104 Peer Supervisor 1.00 40,000 14,080 54,080 1105 Office Manager 1.00 39,519 39,519 1106 Peer Support Specalist I 3.00 95,142 95,142 1107 Peer Support Specalist II 4.00 141,413 141,413 1108 Clinician 2.00 110,240 110,240 1109 Licensed Vocational Nurse 1.00 52,000 52,000 1110 Case Manager 2.00 78,446 78,446 1111 Kitchen Manager 0.75 26,520 26,520 1112 Overnight Security Monitor 1.50 46,800 46,800 1113 Driver 0.75 26,520 26,520 1114 Janitor 0.50 16,640 16,640 1115 Bookkeeping 0.25 11,440 11,440 1116 - 1117 - 1118 - - - 1119 - - - 1120 - - - Personnel Salaries Subtotal 20.05 237,159$ 644,601$ 881,760$ Employee Benefits Acct #Admin Direct Total 1201 2,600$ 5,002$ 7,602$ 1202 14,250 45,943 60,193 1203 18,795 96,512 115,307 1204 - - - 1205 - - - 1206 - - - 35,645$ 147,457$ 183,102$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1301 12,985$ 41,227$ 54,212$ 1302 15,867 50,869 66,736 1303 7,023 22,609 29,632 1304 - - - 1305 - - - 1306 - - - 35,875$ 114,705.00$ 150,580.00$ 308,679$ 906,763$ 1,215,442$ Other (Specify) Other (Specify) Other (Specify) Payroll Taxes & Expenses Subtotal: EMPLOYEE SALARIES & BENEFITS TOTAL: FICA/MEDICARE SUI Retirement Worker's Compensation Health Insurance Other (Specify) Other (Specify) Other (Specify) The Lodge RH Community Builders Fiscal Year (FY) 2021-2022 PROGRAM EXPENSES 1000: SALARIES & BENEFITS Description Employee Benefits Subtotal: Description OASDI Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 9 of 16 2000: CLIENT SUPPORT Acct #Amount 2001 -$ 2002 - 2003 22,504 2004 78,225 2005 - 2006 - 2007 - 2008 - 2009 7,150 2010 - 2011 - 2012 - 2013 - 2014 - 2015 - 2016 - 107,879$ 3000: OPERATING EXPENSES Acct #Amount 3001 8,220$ 3002 1,750 3003 27,600 3004 - 3005 3,900 3006 4,650 3007 - 3008 1,200 3009 8,400 3010 - 3011 - 3012 - 55,720$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 8,500$ 4002 144,000 4003 4,200 4004 6,000 4005 3,600 4006 47,400 4007 - 4008 - 4009 - 4010 - 213,700$ 5000: SPECIAL EXPENSES FACILITIES/EQUIPMENT TOTAL: Security Utilities Other (Specify) Other (Specify) Other (Specify) Other (Specify) OPERATING EXPENSES TOTAL: Line Item Description Building Maintenance Rent/Lease Building Rent/Lease Equipment Rent/Lease Vehicles Subscriptions & Memberships Vehicle Maintenance Other Vehicle Insurnace Other (Specify) Other (Specify) Other (Specify) Telecommunications Printing/Postage Office, Household & Program Supplies Advertising Staff Development & Training Staff Mileage Other (Specify) Other (Specify) Other (Specify) Other (Specify) DIRECT CLIENT CARE TOTAL Line Item Description Household Items for Clients Medication Supports Program Supplies - Medical Utility Vouchers Other (Specify) Other (Specify) Client Housing Support Client Transportation & Support Clothing, Food, & Hygiene Education Support Employment Support Line Item Description Child Care Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 10 of 16 Acct #Amount 5001 3,600$ 5002 - 5003 - 5004 6,000 5005 - 5006 - 5007 - 5008 - 9,600$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 53,697$ 6002 24,500 6003 2,500 6004 12,000 6005 - 6006 1,672 6007 - 6008 - 6009 - 6010 - 6011 - 6012 - 94,369$ 7000: FIXED ASSETS Acct #Amount 7001 3,534$ 7002 1,500 7003 1,088 7004 - 7005 - 7006 - 7007 - 7008 - 6,122$ FIXED ASSETS EXPENSES TOTAL TOTAL PROGRAM EXPENSES 1,702,832$ Assets over $5,000/unit (Specify) Other (Specify) Other (Specify) Administrative Overhead Professional Liability Insurance Accounting/Bookkeeping External Audit Depreciation (Provider-Owned Equipment to be Used for Program Purposes) SPECIAL EXPENSES TOTAL: Line Item Description Line Item Description Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures Leasehold/Tenant/Building Improvements Other Assets over $500 with Lifespan of 2 Years + ADMINISTRATIVE EXPENSES TOTAL Other (Specify) Other (Specify) Other (Specify) Other (Specify) Other (Specify) Payroll Services Other (Specify) Other (Specify) Other (Specify) Other (Specify) Insurance (Specify): Line Item Description Consultant (Network & Data Management) HMIS (Health Management Information System) Contractual/Consulting Services (Specify) Translation Services Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 11 of 16 Acct #Service Units Rate Amount 8001 Mental Health Services 32,400 2.73 88,452$ 8002 Case Management 32,400 2.11 68,364 8003 Crisis Services 3,600 4.11 14,796 8004 Medication Support 7,200 5.04 36,288 8005 Collateral 16,200 2.73 44,226 8006 Plan Development 10,800 2.73 29,484 8007 Assessment 16,200 2.73 44,226 8008 Rehabilitation 74,000 2.73 202,020 192,800 527,856$ 70% 369,499 100%369,499 369,499$ Acct #Amount 8101 Drug Medi-Cal -$ 8102 SABG -$ -$ Acct #Amount 8201 Realignment (0)$ (0)$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 1,333,333 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 1,333,333$ Acct #Amount 8401 Client Fees -$ 8402 Client Insurance - 8403 - 8404 - 8405 - -$ OTHER REVENUE TOTAL TOTAL PROGRAM FUNDING SOURCES:1,702,832$ NET PROGRAM COST: -$ MHSA TOTAL 8400 - OTHER REVENUE Line Item Description Grants (Specify) Other (Specify) Other (Specify) PROGRAM FUNDING SOURCES 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) Line Item Description Estimated Specialty Mental Health Services Billing Totals: Estimated % of Clients who are Medi-Cal Beneficiaries Estimated Total Cost of Specialty Mental Health Services Provided to Medi-Cal Beneficiaries Line Item Description REALIGNMENT TOTAL 8300 - MENTAL HEALTH SERVICE ACT (MHSA) MHSA Program Name Federal Financial Participation (FFP) % MEDI-CAL FFP TOTAL 8100 - SUBSTANCE USE DISORDER FUNDS Line Item Description SUBSTANCE USE DISORDER FUNDS TOTAL 8200 - REALIGNMENT Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 12 of 16 Employee Salaries Acct #Position FTE Admin Direct Total 1101 Executive Director 0.30 31,200$ -$ 31,200$ 1102 Program Manager 1.00 55,000 17,200 72,200 1103 Clinical Supervisor 1.00 56,000 27,200 83,200 1104 Peer Supervisor 1.00 42,000 17,677 59,677 1105 Office Manager 1.00 39,519 - 39,519 1106 Peer Support Specalist I 3.00 - 99,838 99,838 1107 Peer Support Specalist II 4.00 - 143,228 143,228 1108 Clinician 2.00 - 116,478 116,478 1109 Licensed Vocational Nurse 1.00 - 54,079 54,079 1110 Case Manager 2.00 - 76,880 76,880 1111 Kitchen Manager 0.75 - 29,634 29,634 1112 Overnight Security Monitor 1.50 - 48,800 48,800 1113 Driver 0.75 - 27,000 27,000 1114 Janitor 0.50 - 17,677 17,677 1115 Bookkeeper 0.25 11,960 - 11,960 1116 - - - 1117 - - - 1118 - - - 1119 - - - 1120 - - - Personnel Salaries Subtotal 20.05 235,679$ 675,691$ 911,370$ Employee Benefits Acct #Admin Direct Total 1201 2,500$ 5,002$ 7,502$ 1202 14,800 47,398 62,198 1203 18,795 96,512 115,307 1204 - - - 1205 - - - 1206 - - - 36,095$ 148,912$ 185,007$ Payroll Taxes & Expenses: Acct #Admin Direct Total 1301 12,678$ 41,228$ 53,906$ 1302 15,643 50,869 66,512 1303 6,952 22,609 29,561 1304 - - - 1305 - - 1306 - - 35,273$ 114,706$ 149,979$ 307,047$ 939,309$ 1,246,356$ Other (Specify) Other (Specify) Other (Specify) Payroll Taxes & Expenses Subtotal: EMPLOYEE SALARIES & BENEFITS TOTAL: FICA/MEDICARE SUI Retirement Worker's Compensation Health Insurance Other (Specify) Other (Specify) Other (Specify) The Lodge RH ommunity Builders Fiscal Year (FY) 2022-2023 PROGRAM EXPENSES 1000: SALARIES & BENEFITS Description Employee Benefits Subtotal: Description OASDI Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 13 of 16 2000: CLIENT SUPPORT Acct #Amount 2001 -$ 2002 - 2003 21,580 2004 78,225 2005 - 2006 - 2007 - 2008 - 2009 7,400 2010 - 2011 - 2012 - 2013 - 2014 - 2015 - 2016 - 107,205$ 3000: OPERATING EXPENSES Acct #Amount 3001 8,500$ 3002 2,000 3003 26,500 3004 - 3005 3,900 3006 4,860 3007 - 3008 1,200 3009 8,400 3010 - 3011 - 3012 - 55,360$ 4000: FACILITIES & EQUIPMENT Acct #Amount 4001 9,024$ 4002 144,000 4003 4,200 4004 6,000 4005 3,600 4006 47,400 4007 - 4008 - 4009 - 4010 - 214,224$ 5000: SPECIAL EXPENSES FACILITIES/EQUIPMENT TOTAL: Security Utilities Other (Specify) Other (Specify) Other (Specify) Other (Specify) OPERATING EXPENSES TOTAL: Line Item Description Building Maintenance Rent/Lease Building Rent/Lease Equipment Rent/Lease Vehicles Subscriptions & Memberships Vehicle Maintenance Other (Specify) Other (Specify) Other (Specify) Other (Specify) Telecommunications Printing/Postage Office, Household & Program Supplies Advertising Staff Development & Training Staff Mileage Other (Specify) Other (Specify) Other (Specify) Other (Specify) DIRECT CLIENT CARE TOTAL Line Item Description Household Items for Clients Medication Supports Program Supplies - Medical Utility Vouchers Other (Specify) Other (Specify) Client Housing Support Client Transportation & Support Clothing, Food, & Hygiene Education Support Employment Support Line Item Description Child Care Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 14 of 16 Acct #Amount 5001 2,077$ 5002 - 5003 - 5004 4,500 5005 - 5006 - 5007 - 5008 - 6,577$ 6000: ADMINISTRATIVE EXPENSES Acct #Amount 6001 53,881$ 6002 24,500 6003 2,500 6004 12,000 6005 - 6006 1,673 6007 - 6008 - 6009 - 6010 - 6011 - 6012 - 94,554$ 7000: FIXED ASSETS Acct #Amount 7001 2,449$ 7002 1,500 7003 1,000 7004 - 7005 - 7006 - 7007 - 7008 - 4,949$ FIXED ASSETS EXPENSES TOTAL TOTAL PROGRAM EXPENSES 1,729,225$ Assets over $5,000/unit (Specify) Other (Specify) Other (Specify) Administrative Overhead Professional Liability Insurance Accounting/Bookkeeping External Audit Depreciation (Provider-Owned Equipment to be Used for Program Purposes) SPECIAL EXPENSES TOTAL: Line Item Description Line Item Description Computer Equipment & Software Copiers, Cell Phones, Tablets, Devices to Contain HIPAA Data Furniture & Fixtures Leasehold/Tenant/Building Improvements Other Assets over $500 with Lifespan of 2 Years + ADMINISTRATIVE EXPENSES TOTAL Other (Specify) Other (Specify) Other (Specify) Other (Specify) Other (Specify) Payroll Services Other (Specify) Other (Specify) Other (Specify) Other (Specify) Insurance (Specify): Line Item Description Consultant (Network & Data Management) HMIS (Health Management Information System) Contractual/Consulting Services (Specify) Translation Services Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 15 of 16 Acct #Service Units Rate Amount 8001 Mental Health Services 32,400 2.73 88,452$ 8002 Case Management 32,400 2.11 68,364 8003 Crisis Services 3,600 4.11 14,796 8004 Medication Support 7,200 5.04 36,288 8005 Collateral 16,200 2.73 44,226 8006 Plan Development 10,800 2.73 29,484 8007 Assessment 16,200 2.73 44,226 8008 Rehabilitation 74,000 2.73 202,020 192,800 527,856$ 75% 395,892 100%395,892 395,892$ Acct #Amount 8101 Drug Medi-Cal -$ 8102 SABG -$ -$ Acct #Amount 8201 Realignment -$ -$ Acct #MHSA Component Amount 8301 CSS - Community Services & Supports -$ 8302 PEI - Prevention & Early Intervention - 8303 INN - Innovations 1,333,333 8304 WET - Workforce Education & Training - 8305 CFTN - Capital Facilities & Technology - 1,333,333$ Acct #Amount 8401 Client Fees -$ 8402 Client Insurance - 8403 - 8404 - 8405 - -$ OTHER REVENUE TOTAL TOTAL PROGRAM FUNDING SOURCES:1,729,225$ NET PROGRAM COST: -$ MHSA TOTAL 8400 - OTHER REVENUE Line Item Description Grants (Specify) Other (Specify) Other (Specify) PROGRAM FUNDING SOURCES 8000 - SHORT/DOYLE MEDI-CAL (FEDERAL FINANCIAL PARTICIPATION) Line Item Description Estimated Specialty Mental Health Services Billing Totals: Estimated % of Clients who are Medi-Cal Beneficiaries Estimated Total Cost of Specialty Mental Health Services Provided to Medi-Cal Beneficiaries Line Item Description REALIGNMENT TOTAL 8300 - MENTAL HEALTH SERVICE ACT (MHSA) MHSA Program Name The Lodge Federal Financial Participation (FFP) % MEDI-CAL FFP TOTAL 8100 - SUBSTANCE USE DISORDER FUNDS Line Item Description SUBSTANCE USE DISORDER FUNDS TOTAL 8200 - REALIGNMENT Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020 Exhibit B 16 of 16 Exhibit C Page 1 of 2 FRESNO COUNTY MENTAL HEALTH COMPLIANCE PROGRAM CONTRACTOR CODE OF CONDUCT AND ETHICS Fresno County is firmly committed to full compliance with all applicable laws, regulations, rules and guidelines that apply to the provision and payment of mental health services. Mental health contractors and the manner in which they conduct themselves are a vital part of this commitment. Fresno County has established this Contractor Code of Conduct and Ethics with which contractor and its employees and subcontractors shall comply. Contractor shall require its employees and subcontractors to attend a compliance training that will be provided by Fresno County. After completion of this training, each contractor, contractor’s employee and subcontractor must sign the Contractor Acknowledgment and Agreement form and return this form to the Compliance officer or designee. Contractor and its employees and subcontractor shall: 1.Comply with all applicable laws, regulations, rules or guidelines when providing and billing for mental health services. 2.Conduct themselves honestly, fairly, courteously and with a high degree of integrity in their professional dealing related to their contract with the County and avoid any conduct that could reasonably be expected to reflect adversely upon the integrity of the County. 3.Treat County employees, consumers, and other mental health contractors fairly and with respect. 4.NOT engage in any activity in violation of the County’s Compliance Program, nor engage in any other conduct which violates any applicable law, regulation, rule or guideline 5.Take precautions to ensure that claims are prepared and submitted accurately, timely and are consistent with all applicable laws, regulations, rules or guidelines. 6.Ensure that no false, fraudulent, inaccurate or fictitious claims for payment or reimbursement of any kind are submitted. 7.Bill only for eligible services actually rendered and fully documented. Use billing codes that accurately describe the services provided. Exhibit C Page 2 of 2 8.Act promptly to investigate and correct problems if errors in claims or billing are discovered. 9.Promptly report to the Compliance Officer any suspected violation(s) of this Code of Conduct and Ethics by County employees or other mental health contractors, or report any activity that they believe may violate the standards of the Compliance Program, or any other applicable law, regulation, rule or guideline. Fresno County prohibits retaliation against any person making a report. Any person engaging in any form of retaliation will be subject to disciplinary or other appropriate action by the County. Contractor may report anonymously. 10.Consult with the Compliance Officer if you have any questions or are uncertain of any Compliance Program standard or any other applicable law, regulation, rule or guideline. 11.Immediately notify the Compliance Officer if they become or may become an Ineligible person and therefore excluded from participation in the Federal Health Care Programs. Exhibit D Page 1 of 1 Fresno County Mental Health Compliance Program Contractor Acknowledgment and Agreement I hereby acknowledge that I have received, read and understand the Contractor Code of Conduct and Ethics. I herby acknowledge that I have received training and information on the Fresno County Mental Health Compliance Program and understand the contents thereof. I further agree to abide by the Contractor Code of Conduct and Ethics, and all Compliance Program requirements as they apply to my responsibilities as a mental health contractor for Fresno County. I understand and accept my responsibilities under this Agreement. I further understand that any violation of the Contractor Code of Conduct and Ethics or the Compliance Program is a violation of County policy and may also be a violation of applicable laws, regulations, rules or guidelines. I further understand that violation of the Contractor Code of Conduct and Ethics or the Compliance Program may result in termination of my agreement with Fresno County. I further understand that Fresno County will report me to the appropriate Federal or State agency. For Individual Providers Name (print): _____________________________________ Discipline: Psychiatrist Psychologist LCSW LMFT Signature :________________________________ Date : ___/____/___ For Group or Organizational Providers Group/Org. Name (print): _______________________________________ Employee Name (print): ________________________________________ Discipline: Psychiatrist Psychologist LCSW LMFT Other:___________________________________________ Job Title (if different from Discipline): ___________________________ Signature: _________________________________ Date: ____/___/____ Exhibit E Page 1 of 2 STATE MENTAL HEALTH REQUIREMENTS 1.CONTROL REQUIREMENTS The COUNTY and its subcontractors shall provide services in accordance with all applicable Federal and State statutes and regulations. 2.PROFESSIONAL LICENSURE All (professional level) persons employed by the COUNTY Mental Health Program (directly or through contract) providing Short-Doyle/Medi-Cal services have met applicable professional licensure requirements pursuant to Business and Professions and Welfare and Institutions Codes. 3.CONFIDENTIALITY CONTRACTOR shall conform to and COUNTY shall monitor compliance with all State of California and Federal statutes and regulations regarding confidentiality, including but not limited to confidentiality of information requirements at 42, Code of Federal Regulations sections 2.1 et seq; California Welfare and Institutions Code, sections 14100.2, 11977, 11812, 5328; Division 10.5 and 10.6 of the California Health and Safety Code; Title 22, California Code of Regulations, section 51009; and Division 1, Part 2.6, Chapters 1-7 of the California Civil Code. 4.NON-DISCRIMINATION A.Eligibility for Services CONTRACTOR shall prepare and make available to COUNTY and to the public all eligibility requirements to participate in the program plan set forth in the Agreement. No person shall, because of ethnic group identification, age, gender, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief or sexual preference be excluded from participation, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal or State of California assistance. B.Employment Opportunity CONTRACTOR shall comply with COUNTY policy, and the Equal Employment Opportunity Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, disability status, or sexual preference in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, Exhibit E Page 2 of 2 rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment. C.Suspension of Compensation If an allegation of discrimination occurs, COUNTY may withhold all further funds, until CONTRACTOR can show clear and convincing evidence to the satisfaction of COUNTY that funds provided under this Agreement were not used in connection with the alleged discrimination. D.Nepotism Except by consent of COUNTY’s Department of Behavioral Health Director, or designee, no person shall be employed by CONTRACTOR who is related by blood or marriage to, or who is a member of the Board of Directors or an officer of CONTRACTOR. 5.PATIENTS' RIGHTS CONTRACTOR shall comply with applicable laws and regulations, including but not limited to, laws, regulations, and State policies relating to patients' rights Exhibit F Page 1 of 2 FFRREESSNNOO CCOOUUNNTTYY MMEENNTTAALL HHEEAALLTTHH PPLLAANN GGRRIIEEVVAANNCCEESS AANNDD IINNCCIIDDEENNTT RREEPPOORRTTIINNGG PPRROOTTOOCCOOLL FFOORR CCOOMMPPLLEETTIIOONN OOFF IINNCCIIDDEENNTT RREEPPOORRTT •The Incident Report must be completed for all incidents involving clients. The staff person who becomes aware of the incident completes this form, and the supervisor co-signs it. •When more than one client is involved in an incident, a separate form must be completed for each client. Where the forms should be sent - within 24 hours from the time of the incident •Incident Report should be sent to: DBH Program Supervisor Exhibit F Page 2 of 2 INCIDENT REPORT WORKSHEET When did this happen? (date/time) Where did this happen? Name/DMH # 1.Background information of the incident: 2.Method of investigation: (chart review, face-to-face interview, etc.) Who was affected? (If other than consumer) List key people involved. (witnesses, visitors, physicians, employees) 3.Preliminary findings: How did it happen? Sequence of events. Be specific. If attachments are needed write comments on an 8 1/2 sheet of paper and attach to worksheet. Outcome severity: Nonexistent inconsequential consequential death not applicable unknown 4.Response: a) corrective action, b) Plan of Action, c) other Completed by (print name) Completed by (signature) Date completed Reviewed by Supervisor (print name) Supervisor Signature Date Exhibit G Page 1 of 2 Fresno County Mental Health Plan Grievances Fresno County Mental Health Plan (MHP) provides beneficiaries with a grievance and appeal process and an expedited appeal process to resolve grievances and disputes at the earliest and the lowest possible level. Title 9 of the California Code of Regulations requires that the MHP and its fee- for-service providers give verbal and written information to Medi-Cal beneficiaries regarding the following: •How to access specialty mental health services •How to file a grievance about services •How to file for a State Fair Hearing The MHP has developed a Consumer Guide, a beneficiary rights poster, a grievance form, an appeal form, and Request for Change of Provider Form. All of these beneficiary materials must be posted in prominent locations where Medi- Cal beneficiaries receive outpatient specialty mental health services, including the waiting rooms of providers’ offices of service. Please note that all fee-for-service providers and contract agencies are required to give their clients copies of all current beneficiary information annually at the time their treatment plans are updated and at intake. Beneficiaries have the right to use the grievance and/or appeal process without any penalty, change in mental health services, or any form of retaliation. All Medi-Cal beneficiaries can file an appeal or state hearing. Grievances and appeals forms and self addressed envelopes must be available for beneficiaries to pick up at all provider sites without having to make a verbal or written request. Forms can be sent to the following address: Fresno County Mental Health Plan P.O. Box 45003 Fresno, CA 93718-9886 (800) 654-3937 (for more information) (559) 488-3055 (TTY) Provider Problem Resolution and Appeals Process The MHP uses a simple, informal procedure in identifying and resolving provider concerns and problems regarding payment authorization issues, other complaints and concerns. Exhibit G Page 2 of 2 Informal provider problem resolution process – the provider may first speak to a Provider Relations Specialist (PRS) regarding his or her complaint or concern. The PRS will attempt to settle the complaint or concern with the provider. If the attempt is unsuccessful and the provider chooses to forego the informal grievance process, the provider will be advised to file a written complaint to the MHP address (listed above). Formal provider appeal process – the provider has the right to access the provider appeal process at any time before, during, or after the provider problem resolution process has begun, when the complaint concerns a denied or modified request for MHP payment authorization, or the process or payment of a provider’s claim to the MHP. Payment authorization issues – the provider may appeal a denied or modified request for payment authorization or a dispute with the MHP regarding the processing or payment of a provider’s claim to the MHP. The written appeal must be submitted to the MHP within 90 calendar days of the date of the receipt of the non-approval of payment. The MHP shall have 60 calendar days from its receipt of the appeal to inform the provider in writing of the decision, including a statement of the reasons for the decision that addresses each issue raised by the provider, and any action required by the provider to implement the decision. If the appeal concerns a denial or modification of payment authorization request, the MHP utilizes a Managed Care staff who was not involved in the initial denial or modification decision to determine the appeal decision. If the Managed Care staff reverses the appealed decision, the provider will be asked to submit a revised request for payment within 30 calendar days of receipt of the decision Other complaints – if there are other issues or complaints, which are not related to payment authorization issues, providers are encouraged to send a letter of complaint to the MHP. The provider will receive a written response from the MHP within 60 calendar days of receipt of the complaint. The decision rendered buy the MHP is final. Exhibit H Page 1 of 2 DISCLOSURE OF OWNERSHIP AND CONTROL INTEREST STATEMENT I.Identifying Information Name of entity D/B/A Address (number, street) City State ZIP code CLIA number Taxpayer ID number (EIN) Telephone number ( ) II.Answer the following questions by checking “Yes” or “No.” If any of the questions are answered “Yes,” list names and addresses of individuals or corporations under “Remarks” on page 2. Identify each item number to be continued. A.Are there any individuals or organizations having a direct or indirect ownership or control interest of five percent or more in the institution, organizations, or agency that have been convicted of a criminal offense related to the involvement of such persons or organizations in any of the programs established YES NO by Titles XVIII, XIX, or XX? ......................................................................................................................... ❒ ❒ B.Are there any directors, officers, agents, or managing employees of the institution, agency, or organization who have ever been convicted of a criminal offense related to their involvement in such programs established by Titles XVIII, XIX, or XX? ...................................................................................... ❒ ❒ C.Are there any individuals currently employed by the institution, agency, or organization in a managerial, accounting, auditing, or similar capacity who were employed by the institution’s, organization’s, or agency’s fiscal intermediary or carrier within the previous 12 months? (Title XVIII providers only) ........... ❒ ❒ III.A. List names, addresses for individuals, or the EIN for organizations having direct or indirect ownership or a controlling interest in the entity. (See instructions for definition of ownership and controlling interest.) List any additional names and addresses under “Remarks” on page 2. If more than one individual is reported and any of these persons are related to each other, this must be reported under “Remarks.” NAME ADDRESS EIN B.Type of entity:❒ Sole proprietorship ❒ Partnership ❒ Corporation ❒ Unincorporated Associations ❒ Other (specify) C.If the disclosing entity is a corporation, list names, addresses of the directors, and EINs for corporations under “Remarks.” D.Are any owners of the disclosing entity also owners of other Medicare/Medicaid facilities? (Example: sole proprietor, partnership, or members of Board of Directors) If yes, list names, addresses of individuals, and provider numbers. .......................................................................................................... ❒ ❒ NAME ADDRESS PROVIDER NUMBER Exhibit H Page 2 of 2 YES NO IV. A. Has there been a change in ownership or control within the last year? ....................................................... ❒ ❒ If yes, give date. B. Do you anticipate any change of ownership or control within the year?....................................................... ❒ ❒ If yes, when? C. Do you anticipate filing for bankruptcy within the year?................................................................................ ❒ ❒ If yes, when? V.Is the facility operated by a management company or leased in whole or part by another organization?.......... ❒ ❒ If yes, give date of change in operations. VI.Has there been a change in Administrator, Director of Nursing, or Medical Director within the last year?......... ❒ ❒ VII. A. Is this facility chain affiliated? ...................................................................................................................... ❒ ❒ (If yes, list name, address of corporation, and EIN.) Name EIN Address (number, name) City State ZIP code B.If the answer to question VII.A. is NO, was the facility ever affiliated with a chain? (If yes, list name, address of corporation, and EIN.) Name EIN Address (number, name) City State ZIP code Whoever knowingly and willfully makes or causes to be made a false statement or representation of this statement, may be prosecuted under applicable federal or state laws. In addition, knowingly and willfully failing to fully and accurately disclose the information requested may result in denial of a request to participate or where the entity already participates, a termination of its agreement or contract with the agency, as appropriate. Name of authorized representative (typed) Title Signature Date Remarks Exhibit I 1 of 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1.By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4.The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, debarred, suspended, ineligible, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Exhibit I 2 of 2 CERTIFICATION (1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners, officers, corporate managers and partners: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c)(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature: Date: (Printed Name & Title) (Name of Agency or Company) Exhibit J Page 1 of 2 SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member’s company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a.The name of the agency/company with which the corporation has the transaction; and b.The nature of the material financial interest in the Corporation’s transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Exhibit J Page 2 of 2 (1) Company Board Member Information: Name: Date: Job Title: (2)Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature Signature: Date: