COMPLETED BOARD ORDER�2��W24
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A-11193
a. Approve and authorize the Director of Health to sign a Mental
Health Services Agreement with AspiraNet, effective July 1,
2008 through June 30, 2009, for Wraparound" Short-
Doyle/Medi-Cal services in the amount of $655,387 to replace
Agreement A-10969, which expires June 30, 2008; and
b. Authorize the Director of Health to sign up to three 3) future
amendments to this Agreement where the amendments do not
exceed ten percent 10%) of the total contract amount and do
not significantly change the scope of work.
Upon motion of Supervisor Salinas, seconded by Supervisor Armenta, and ca>ftied by those
members present, the Board hereby:
a. Approved and authorized the Director of Health to sign a Mental Health ervices Agreement
with AspiraNet, effective July 1, 2008 through June 30, 2009, for raparound" Short-
Doyle/Medi-Cal services in the amount of $655,387 to replace Agreement A-10969, which
expires June 30, 2008; and
b. Authorized the Director of Health to sign up to three 3) future a endments to this
Agreement where the amendments do not exceed ten percent 10%) o the total contract
amount and do not significantly change the scope of work.
PASSED AND ADOPTED this 24th day of June, 2008, by the following vote,i to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Mettee-McCutchon,
NOES: None
ABSENT: None
I, Annette D'Adamo, Interim Clerk of the Board of Supervisors of the County of Monter{
hereby certify that the foregoing is a true copy of an original order of said Board of Sup
entered in the minutes thereof of Minute Book 74 for the meeting on June 24, 2008.
Dated: June 26, 2008
Annette D'Adamo, Interim Clerk of the Board of Supervisors
County of Monterey, State of California
ByZ
Deputy
otter
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EXECUTED AGREEMENTX���s �COUNTY OF MONTEREY
MENTAL HEALTH SERVICES AGREEMENT
Contract Number: A-11193
COUNTY Department Contract Representative:
Len Foster
Director of Health
1270 Natividad Road, Salinas, CA 93906
THIS CONTRACT is made and entered into by and between the COUNTY OF MONTEREY, a
political subdivision of the State of California hereinafter COUNTY") and ASPIRANET
hereinafter CONTRACTOR").
RECITALS
WHEREAS, COUNTY desires to enter into an Agreement whereby CONTRACTOR will
provide community mental health services in accordance with the requirements of the Bronzan-
McCorquodale Act California Welfare and Institutions Code 5600, et seq.), Part 2.5 of Division 5
of the California Welfare & Institutions Code, and Titles 9 and 22 of the California Code of
Regulations; and
WHEREAS, CONTRACTOR is able to furnish such services under the terms and conditions
of this Agreement and in accordance with applicable law, including all federal and state rules and
regulations pertaining to the provision of Medi-Cal services.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. SERVICES TO BE PROVIDED
CONTRACTOR shall provide the services set forth in this Agreement, including the
program services detailed in Exhibit A, to the recipient population and to the COUNTY, in
compliance with the terms of this Agreement. These services can be summarized as
follows: CONTRACTOR will provide Wraparound Short-Doyle/Medi-Cal services for 18
Monterey County families.
H.
Agreement:
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBITS
The following
exhibits are attached and incorporated by reference as a part of this
PROGRAM DESCRIPTION
PAYMENT PROVISIONS
BEHAVIORAL HEALTH COST REIMBURSEMENT INVOICE
CONFIDENTIALITY OF PATIENT INFORMATION
*Approved by County Board of Supervisors on
AspiraNet: FY 2008-09 1
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EXECUTED AGREEMENTX���s �EXHIBIT E: ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
EXHIBIT F: ASSURANCE OF COMPLIANCE WITH MONTEREY COUNTY
CULTURAL COMPETENCY POLICY
EXHIBIT G: BUSINESS ASSOCIATE AGREEMENT
III. PAYMENT BY COUNTY
A Payment shall be made pursuant to the terms and conditions set forth in Exhibit B
attached hereto and by this reference made a part hereof.
B CONTRACTOR shall hold harmless the State of California and any recipients of
services in the event COUNTY does not reimburse CONTRACTOR for services
performed under this Agreement.
IV. TERM AND TERMINATION
A Term. This Agreement shall be effective July 1, 2008 and shall remain in effect until
June 30, 2009.
B Termination without Cause. Either party may terminate this Agreement at any time
without cause by serving thirty 30) days' advance written notice upon the other
party. The notice shall state the effective date of the termination.
C Termination with Cause. COUNTY may cancel and terminate this Agreement for
good cause immediately upon written notice to CONTRACTOR. Good cause"
includes, but is not limited to, failure of CONTRACTOR to perform a material
requirement of the Agreement. Good cause" shall also include CONTRACTOR's
failure to implement corrective action in a timely fashion pursuant to Section IX of
this Agreement.
D Reduction and/or Termination of Government Funding. Notwithstanding any other
provision of this Agreement, if the state or federal government terminates or reduces
its funding to the COUNTY for services that are to be provided under this
Agreement, then COUNTY may, after consultation with the CONTRACTOR, elect
to terminate this Agreement by giving written notice of termination to
CONTRACTOR effective immediately or on such other date as COUNTY specifies
in the notice. Alternatively, it is mutually agreed that the Agreement shall be
amended to reflect any reduction in funding.
E Survival of Obligations after Termination. Upon termination of this Agreement,
COUNTY will no longer refer clients to the CONTRACTOR under this Agreement,
and the rights and duties of the parties shall be terminated, except that the following
obligations shall survive termination:
1 CONTRACTOR shall, pursuant to this Agreement and upon approval of the
Behavioral Health Director, continue treatment of clients then receiving care
from CONTRACTOR until completion of treatment or until continuation of
the client's care by another provider can be arranged by COUNTY;
2. COUNTY shall arrange for such transfer of treatment no later than sixty 60)
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EXECUTED AGREEMENTX���s �days after Agreement termination if the clients' treatment is not by then
completed;
3. COUNTY, any payer, and CONTRACTOR will continue to remain obligated
under this Agreement with regard to payment for services rendered prior to
termination or required to be rendered after termination as provided above,
except that COUNTY's post-termination payment obligations shall not
exceed ten percent 10%) of the maximum amount payable to the
CONTRACTOR under this Agreement as specified in Exhibit B;
4. CONTRACTOR will continue to remain obligated with respect to the
confidentiality and auditing requirements of this Agreement.
V. COMPLIANCE WITH APPLICABLE LAW AND TERMS OF GRANT
A Compliance with Law. In providing services under this Agreement, CONTRACTOR
shall comply with all applicable laws, regulations, and administrative requirements
adopted by federal, state, and local governments including, but not limited to,
Welfare and Institutions Code, Divisions 5, 6, and 9; California Code of Regulations,
Titles 9 and 22; any Short-Doyle and Short-Doyle/Medi-Cal policies as identified in
Department of Mental Health letters and in the Cost Reporting/Data Collection
CR/DC) Manual. In addition, if CONTRACTOR is providing Medi-Cal services
pursuant to this Agreement, CONTRACTOR shall comply with Title XIX of the
Social Security Act, and all other applicable federal laws, regulations and guidelines
pertaining to federally funded mental health programs, including all requirements
necessary for Medicaid/Medi-Cal reimbursement for mental health treatment
services.
B Compliance with Terms of State and/or Federal Grants. If this Agreement is funded
with monies received by the COUNTY pursuant to contract(s) with the state and/or
federal government in which the COUNTY is the grantee, CONTRACTOR will
comply with all provisions of said contract(s), to the extent applicable to
CONTRACTOR as a subgrantee under said contract(s), and said provisions shall be
deemed a part of this Agreement as if fully set forth herein. Upon request,
COUNTY will deliver a copy of said contract(s) to CONTRACTOR at no cost to
CONTRACTOR.
VI. LICENSURE AND STAFFING REQUIREMENTS
A Licensure and Certification. CONTRACTOR shall furnish qualified professional
personnel as prescribed by Title 9 of the California Code of Regulations, the
Business and Professions Code, the Welfare and Institutions Code, and all other
applicable laws for the type of services rendered under this Agreement. All
personnel providing services pursuant to this Agreement shall be fully licensed in
accordance with all applicable law and shall remain in good professional standing
throughout the entire duration of this Agreement. CONTRACTOR shall comply
with all COUNTY and state certification and licensing requirements and shall ensure
that all services delivered by staff are within their scope of licensure and practice.
AspiraNet: FY 2008-09 3
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EXECUTED AGREEMENTX���s �B Staffing. CONTRACTOR shall ensure that all personnel, including any
subcontractors performing services under this Agreement, receive appropriate
training and supervision. CONTRACTOR shall also maintain appropriate levels of
staffing at all times when performing services under this Agreement.
VII. PATIENT RIGHTS
A CONTRACTOR shall comply with all applicable patients' rights laws including, but
not limited to, the requirements set forth in Welfare and Institutions Code, Division
5, Part 1, sections 5325, et seq., and California Code of Regulations, Title 9, Division
1, Chapter 4, Article 6 860, et seq.).
B As a condition of reimbursement under this Agreement, CONTRACTOR shall
ensure that all recipients of services under this Agreement shall receive the same
level of services as other patients served by CONTRACTOR. CONTRACTOR shall
ensure that recipients of services under this Agreement are not discriminated against
in any manner including, but not limited to, admissions practices, evaluation,
treatment, access to programs and or activities, placement in special wings or rooms,
and the provision of special or separate meals.
VIII. MAINTENANCE AND CONFIDENTIALITY OF PATIENT INFORMATION
A CONTRACTOR shall maintain clinical records for each recipient of service in
compliance with all state and federal requirements. Such records shall include a
description of all services provided by the CONTRACTOR in sufficient detail to
make possible an evaluation of services, and all data necessary to prepare reports to
the State, including treatment plans, records of client interviews, and progress notes.
CONTRACTOR shall retain clinical records for a minimum of seven 7) years and,
in the case of minors, for at least one 1) year after the minor has reached the age of
majority, but for a period of no less than seven years.
B CONTRACTOR shall comply with the confidentiality requirements set forth in
Exhibit D and incorporated by reference as if fully set forth herein.
IX. CONTRACT MONITORING AND QUALITY CONTROL
A The State Department of Mental Health, COUNTY, and other appropriate state and
federal agencies shall have the right to inspect and evaluate the quality,
appropriateness and timelines of services performed under this Agreement.
B The Behavioral Health Director shall assign a Contract Monitor to ensure
compliance with the terms and conditions of this Agreement. The Contract Monitor
and CONTRACTOR shall meet at intervals deemed appropriate by COUNTY. In
addition, the Contract Monitor shall review at regular intervals all statistical reports,
financial records, clinical records, and other documents concerning services provided
under this Agreement. In addition, CONTRACTOR shall at all times cooperate with
the COUNTY's Quality Improvement QI") Plan.
C CONTRACTOR shall conduct reviews at regular intervals of the quality and
utilization of services for all recipients of service under this Agreement.
CONTRACTOR shall furnish all required data and reports in compliance with State
Department of Mental Health Client and Service Information System CSI"). Units
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EXECUTED AGREEMENTX���s �of time reporting, as stipulated in the Cost Reporting/Data Collection CR/DC")
manual, are subject to special review and audit.
D If the COUNTY discovers any practice, procedure, or policy of the CONTRACTOR
which deviates from the requirements of this Agreement, violates federal or state
law, threatens the success of the program conducted pursuant to this Agreement,
jeopardizes the fiscal integrity of such program, or compromises the health or safety
of recipients of service, the COUNTY may require corrective action, withhold
payment in whole or in part, or terminate this Agreement immediately. If COUNTY
notifies CONTRACTOR that corrective action is required, CONTRACTOR shall
promptly initiate and correct any and all discrepancies, violations or deficiencies to
the satisfaction of the COUNTY within thirty 30) days, unless the COUNTY
notifies the CONTRACTOR that it is necessary to make corrections at an earlier date
in order to protect the health and safety of recipients of service.
E If CONTRACTOR is an in-patient facility, CONTRACTOR shall submit its patient
admissions and length of stay requests for utilization review through existing
hospital systems or professional standards review organizations.
X. REPORTS OF DEATH, INJURY, DAMAGE, OR ABUSE
A Reports of Death, Injury, or Damage. If death, serious personal injury, or substantial
property damage occur in connection with the performance of this Agreement,
CONTRACTOR shall immediately notify the Behavioral Health Director by
telephone. In addition, CONTRACTOR shall promptly submit to COUNTY a
written report including: 1) the name and address of the injured/deceased person; 2)
the time and location of the incident; 3) the names and addresses of
CONTRACTOR's employees or agents who were involved with the incident; 4) the
names of COUNTY employees, if any, involved with the incident; and 5) a detailed
description of the incident.
B Child Abuse Reporting. CONTRACTOR shall ensure that all known or suspected
instances of child abuse or neglect are promptly reported to proper authorities as
required by the Child Abuse and Neglect Reporting Act, Penal Code 11164, et seq.
CONTRACTOR shall require that all of its employees, consultants, and agents
performing services under this Agreement who are mandated reporters under the Act
sign statements indicating that they know of and will comply with the Act's
reporting requirements.
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EXECUTED AGREEMENTX���s �C Elder Abuse Reporting. CONTRACTOR shall ensure that all known or suspected
instances of abuse or neglect of elderly people 65 years of age or older and
dependent adults age 18 or older are promptly reported to proper authorities as
required by the Elder Abuse and Dependent Adult Protection Act Welfare and
Institutions Code 15600 Code, et seq.). CONTRACTOR shall require that all of its
employees, consultants, and agents perforating services under this Agreement who
are mandated reporters under the Act sign statements indicating that they know of
and will comply with the Act's reporting requirements.
XI. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the County,
its officers, agents, and employees, from and against any and all claims, liabilities, and losses
whatsoever including damages to property and injuries to or death of persons, court costs, and
reasonable attorneys' fees) occurring or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any
person, firm, or corporation for damage, injury, or death arising out of or connected with the
CONTRACTOR's performance of this Agreement, unless such claims, liabilities, or losses arise out
of the sole negligence or willful misconduct of the County. CONTRACTOR's performance"
includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
XII. INSURANCE.
A Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the County's, Contracts/Purchasing
Department, unless otherwise directed. The Contractor shall not receive a Notice to
Proceed" with the work under this Agreement until it has obtained all insurance required and
such, insurance has been approved by the County. This approval of insurance shall neither
relieve nor decrease the liability of the Contractor.
B Qualifying Insurers:
All coverage's, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- VII, according to
the current Best's Key Rating Guide or a company of equal financial stability that is
approved by the County's Purchasing Manager.
C Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify,
CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or
policies of insurance with the following minimum limits of liability:
Commercial general liability insurance, including but not limited to premises and operations,
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual
Liability, Broadform Property Damage, Independent Contractors, Products and Completed
Operations, with a combined single limit for Bodily Injury and Property Damage of not less
than $1,000,000 per occurrence.
El Exemption/Modification Justification attached; subject to approval).
Business automobile liability insurance, covering all motor vehicles, including owned,
leased, non-owned, and hired vehicles, used in providing services under this Agreement,
AspiraNct: FY 2008-09 6
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AMENDMENTS-U012
TO-U012
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EXECUTED AGREEMENTX���s �with a combined single limit for Bodily Injury and Property Damage of not less than
$1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of
this Agreement, in accordance with California Labor Code section 3700 and with
Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident
and $1,000,000 each disease.
l^ Exemption/Modification Justification attached; subject to approval).
Professional liability insurance, if required for the professional services being provided,
e.g., those persons authorized by a license to engage in a business or profession regulated
by the California Business and Professions Code), in the amount of not less than $1,000,000
per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or
omissions made in the course of rendering professional services. If professional liability
insurance is written on a claims-made" basis rather than an occurrence basis, the
CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain
extended reporting coverage tail coverage") with the same liability limits. Any such tail
coverage shall continue for at least three years following the expiration or earlier termination
of this Agreement.
13 Exemption/Modification Justification attached; subject to approval).
Prior to the execution of this Agreement by the County, CONTRACTOR shall file
certificates of insurance with the County's contract administrator and the County s
Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the
insurance required by this Agreement. The CONTRACTOR shall file a new or
amended certificate of insurance within five calendar days after any change is made
in any insurance policy, which would alter the information on the certificate then on
file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and
effect.
D Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County
and issued and executed by an admitted insurer authorized to transact Insurance business in
the State of California. Unless otherwise specified by this Agreement, all such insurance
shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis,
such policy with the coverage required herein shall continue in effect for a period of three
years following the date CONTRACTOR completes its performance of services under this
Agreement.
Each liability policy shall provide that the County shall be given notice in writing at least
thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or
intended non-renewal thereof. Each policy shall provide coverage for Contractor and
additional insureds with respect to claims arising from each subcontractor, if any,
performing work under this Agreement, or be accompanied by a certificate of insurance
from each subcontractor showing each subcontractor has identical insurance coverage to the
above requirements.
Commercial general liability and automobile liability policies shall provide an endorsement
naming the County of Monterey, its officers, agents, and employees as Additional Insureds
with respect to liability arising out of the CONTRACTOR'S work, including on oing and
completed operations, and shall further provide that such insurance is primary insurance to
AspiraNet: FY 2008-09 7
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EXECUTED AGREEMENTX���s �any insurance or self-insurance maintained by the County and that the insurance of the
Additional Insureds shall not be called upon to contribute to a loss covered by the
CONTRACTOR'S insurance. The required endorsement form for Commercial General
Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem
with CG 20 37 10 01 2000). The required endorsement form for Automobile Additional
Insured endorsement is ISO Form CA 20 48 02 99.
Prior to the execution of this Agreement by the County, CONTRACTOR shall file
certificates of insurance with the County's contract administrator and County's
Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance
required by this Agreement. The CONTRACTOR shall file a new or amended certificate of
insurance within five calendar days after any change is made in any insurance policy, which
would alter the information on the certificate then on file. Acceptance or approval of
insurance shall in no way modify or change the indemnification clause in this Agreement,
which shall continue in full force and effect.
CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by
County, annual certificates to County's Contract Administrator and County's
Contracts/Purchasing Division. If the certificate is not received by the expiration date,
County shall notify CONTRACTOR and CONTRACTOR shall have five calendar days to
send in the certificate, evidencing no lapse in coverage during the interim. Failure by
CONTRACTOR to maintain such insurance is a default of this Agreement, which entitles
County, at its sole discretion, to terminate this Agreement immediately.
XIII. ANNUAL COST REPORT
A Submission of Year-End Cost Report. For each fiscal year or portion thereof that
this Agreement is in effect, CONTRACTOR shall provide to the COUNTY one 1)
original and one 1) copy of an annual cost report within ninety 90) days following
the close of each fiscal year. Such reports shall be prepared in accordance with
generally accepted accounting principles, cost report forms, and instructions
provided by the COUNTY.
B Submission of Cost Report Upon Early Termination. If this Agreement is terminated
or canceled prior to June 30th of any year, CONTRACTOR shall prepare a cost
report for the Agreement period which ends on the termination or cancellation date,
and shall submit two 2) copies of that report to the COUNTY within sixty 60) days
after the termination or cancellation date.
C Reimbursement for Medi-Cal Services. If CONTRACTOR is seeking
reimbursement for Medi-Cal services provided pursuant to this Agreement,
reimbursement for such services shall be based upon the lower of the actual cost of
providing those services as determined by the cost report or CONTRACTOR's usual
and customary charges for such services. No amount of reimbursement for Medi-Cal
services shall exceed the Schedule of Maximum Allowance SMA) as established
annually by the State Department of Mental Health for Short-Doyle/Medi-Cal
services.
D Reimbursement by CONTRACTOR of Overpayment of Medi-Cal Costs. If, as a
result of the cost report, a discrepancy is found between the total allowable Medi-Cal
costs paid to the CONTRACTOR and the total allowable Medi-Cal costs that should
AspiraNet: FY 2008-09 8
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EXECUTED AGREEMENTX���s �have been reported, the CONTRACTOR shall reimburse the amount of the
overpayment in a single payment to the COUNTY within thirty 30) days after the
COUNTY notifies the CONTRACTOR of the interim settlement with the State of
California. As an alternative or supplemental remedy, the COUNTY may elect to
recover all of part of the overpayment by means of an offset against any payments
then or thereafter owing to the CONTRACTOR by the COUNTY under this or any
other contract.
XIV. ACCESS TO AND AUDIT OF RECORDS
A Maintenance of Records. CONTRACTOR shall maintain records indicating the
nature and extent of all services performed and all payments received under this
Agreement for a period of five 5) years after completion of all services pursuant to
this Agreement or until all disputes, claims, litigation, or audits have been resolved,
whichever occurs later. CONTRACTOR shall maintain such records in a form
comporting with generally accepted standards and applicable law. Government
Code 8546.7 makes any expenditure of public funds over $10,000 subject to the
examination and audit of the State Auditor for a period of three 3) years after final
payment under the Agreement.
B Right to Inspect Records. The COUNTY, State Department of Mental Health, the
Comptroller General of the United States, the U.S. Department of Health and Human
Services, and other authorized federal and state agencies shall have the right to
inspect any and all books, records, and facilities maintained by CONTRACTOR
during normal business hours to evaluate the use of funds and the cost, quality,
appropriateness, and timeliness of services.
C Overpayment. If the results of any audit show that the funds paid to CONTRACTOR
under this Agreement exceeded the amount due, then CONTRACTOR shall pay the
excess amount to COUNTY in cash not later than sixty 60) days after the final audit
settlement; or, at COUNTY'S election, COUNTY may recover the excess or any
portion of it by offsets made by COUNTY against any payment(s) owed to
CONTRACTOR under this or any other Agreement.
D Responsibility for Audit Exceptions. Any and all audit exceptions by COUNTY or
any state or federal agency resulting from an audit of CONTRACTOR's performance
of this Agreement, or actions by CONTRACTOR, its officers, agents, and employees
shall be the sole responsibility of the CONTRACTOR.
E Availability of Records for Grievances and Complaints by Recipients of Service.
CONTRACTOR shall ensure the availability of records for the prompt handling of
grievances or complaints filed by recipients of services. Release of records shall be
subject to the confidentiality provisions set forth in this Agreement.
F Reports. CONTRACTOR shall prepare any reports and furnish all information
required for reports to be prepared by the COUNTY as may be required by the State
of California or applicable law.
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EXECUTED AGREEMENTX���s
�XV. NON-DISCRIMINATION
A Non-discrimination. During the performance of this Agreement, CONTRACTOR
shall not unlawfully discriminate against any person because of race, religion, color,
national origin, ancestry, mental or physical handicap, medical condition, marital
status, age over 40), sex, or sexual preference, either in CONTRACTOR's
employment practices or in the furnishing of services to recipients. CONTRACTOR
shall insure that the evaluation and treatment of its employees and applicants for
employment and all persons receiving and requesting services are free of such
discrimination. The provision of services primarily or exclusively to such target
population as may be designated in this Agreement shall not be deemed to be
unlawful discrimination. In addition, CONTRACTOR's facility access for the
disabled shall comply with 504 of the Rehabilitation Act of 1973, as amended 29
U.S.C. 794).
B Discrimination defined. The term discrimination," as used in this Agreement, is the
same term that is used in Monterey County Code, Chapter 2.80 Procedures for
Investigation and Resolution of Discrimination Complaints"); it means the illegal
denial of equal employment opportunity, harassment including sexual harassment
and violent harassment), disparate treatment, favoritism, subjection to unfair or
unequal working conditions, and/or discriminatory practice by any Monterey County
official, employee or agent, due to an individual's race, color, ethnic group, national
origin, ancestry, religious creed, sex, sexual preference, age, veteran's status, cancer-
related medical condition, physical handicap including AIDS) or disability. The
term also includes any act of retaliation.
C Application of Monterey County Code Chapter 2.80. The provisions of Monterey
County Code Chapter 2.80 apply to activities conducted pursuant to this Agreement.
CONTRACTOR and its officers and employees, in their actions under this
Agreement, are agents of the COUNTY within the meaning of Chapter 2.80 and are
responsible for ensuring that their workplace and the services that they provide are
free from discrimination, as required by Chapter 2.80. Complaints of discrimination
made by recipients of services against CONTRACTOR may be pursued by using the
procedures established by or pursuant to Chapter 2.80. CONTRACTOR shall
establish and follow its own written procedures for prompt and fair investigation and
resolution of discrimination complaints made against CONTRACTOR by its own
employees and agents or recipients of services pursuant to this Agreement, and
CONTRACTOR shall provide a copy of such procedures to COUNTY on demand
by COUNTY.
D Compliance with Applicable Law. During the performance of this Agreement,
CONTRACTOR shall comply with all applicable federal, state and local laws and
regulations which prohibit discrimination including, but not limited to, the following:
1. California Code of Regulations, Title 9, 526, 527;
2. California Fair Employment and Housing Act, Govt. Code 12900, et seq.),
and the administrative regulations issued thereunder, Cal. Code of
Regulations, Title 2, 7285, et seq.;
3. Govt. Code 11135-11139.5 Title 2, Div. 3, Part 1, Chap. 1, Art. 9.5) and
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EXECUTED AGREEMENTX���s
�any applicable administrative rules and regulations issued under these
sections;
4. Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42
U.S.C. 2000(d), et seq.), as amended, and all administrative rules and
regulations issued thereunder see especially 45 C.F.R. Parts 80);
5. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended 29
U.S.C. 793 and 794); all requirements imposed by the applicable HHS
regulations 45 C.F.R. Part 84); and all guidelines and interpretations issued
pursuant thereto;
6. Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., and 47
U.S.C. 225 and 611, and any federal regulations issued pursuant thereto
see 24 C.F.R. Chapter 1; 28 C.F.R. Parts 35 and 36; 29 C.F.R. Parts 1602,
1627, and 1630; and 36 C.F.R. Part 1191);
7. Unruh Civil Rights Act, Cal. Civil Code 51, et seq.; and
8. Government Code section 12900 A-F) and California Code of Regulations,
Title 2, Division 4, Chapter 5.
In addition, the applicable regulations of the Fair Employment and Housing
Commission implementing Government Code 12990 as set forth in Chapter 5,
Division 4 of Title 2 of the California Code of Regulations are incorporated into this
Agreement by reference and made a part hereof as if set forth in full.
E Written Assurance. Upon request by COUNTY, CONTRACTOR will give any
written assurances of compliance with the Civil Rights Acts of 1964 and 1991, the
Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of
1990, as may be required by the federal government in connection with this
Agreement, pursuant to 45 C.F.R. sec. 80.4 or C.F.R. 84.5 or other applicable state
or federal regulations.
F Written Statement of Non-discrimination Policies. CONTRACTOR shall maintain a
written statement of its non-discrimination policies and procedures. Such statement
shall be consistent with the terms of this Agreement and shall be available to
CONTRACTOR's employees, recipients of services, and members of the public
upon request.
G Notice to Labor Unions. CONTRACTOR shall give written notice of its obligations
under this section to labor organizations with which it has a collective bargaining or
other agreement.
H Access to Records by Government Agencies. CONTRACTOR shall permit access
by COUNTY and by representatives of the State Department of Fair Employment
and Housing and any state or federal agency providing funds for this contract upon
reasonable notice at any time during normal business hours, but in no case less than
24 hours' notice, to such of its books, records, accounts, facilities, and other sources
of information as the inspecting party may deem appropriate to ascertain compliance
AspiraNet: FY 2008-09 11
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EXECUTED AGREEMENTX���s
�with these nondiscrimination provisions.
I Binding on Subcontractors. The provisions above shall also apply to all of
CONTRACTOR's subcontractors who provide services pursuant to this Agreement.
CONTRACTOR shall include the non-discrimination and compliance provisions set
forth above in all its subcontracts to perform work or provide services under this
Agreement.
XVI. CULTURAL COMPETENCY AND LINGUISTIC ACCESSIBILITY
A CONTRACTOR shall provide services in a culturally competent manner to assure
access to services by all eligible individuals as required by Department of Mental
Health regulations and policies and other applicable laws. Cultural competency is
defined as a congruent set of practice skills, behaviors, attitudes, and policies that
enable staff to work effectively in providing contractual services under this
Agreement in cross-cultural situations. Specifically, CONTRACTOR'S provision of
services shall acknowledge the importance of culture, adapt services to meet
culturally unique needs, and promote congruent skills, behaviors, attitudes, and
policies enabling all persons providing services to function effectively in cross-
cultural situations.
B CONTRACTOR shall provide linguistically accessible services to assure access to
services by all eligible individuals as required by Department of Mental Health
regulations and policies and other applicable laws. Specifically, CONTRACTOR
shall provide services to eligible individuals in their primary language through
linguistically proficient staff or interpreters. Family members, friends, or neighbors
may be used as interpreters only in emergency situations.
C For the purposes of this Section, access" is defined as the availability of medically
necessary mental health services in a manner that promotes, provides the opportunity
for and facilitates their use.
XVII. DRUG FREE WORKPLACE
CONTRACTOR shall submit to the COUNTY evidence of compliance with the California
Drug-Free Workplace Act of 1990, Government Code sections 8350, et seq., to provide a
drug-free workplace by doing all of the following:
A Publishing a Statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited
in the person's or organization's workplace and specifying the actions that will be
taken against employees for violations of the prohibitions.
B Establishing a drug-free awareness program to inform employees about all of the
following:
1. The dangers of drug abuse in the workplace;
2. The person's or organization's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employees assistance
programs;
AspiraNet: FY 2008-09 12
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
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AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
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HEALTH-U07
SERVICES-U07
AGREEMENT-U07
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411-HEALTH-U08
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MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
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THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
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SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
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A-10969,-U012
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JUNE-U012
30,-U012
2008;-U012
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EXECUTED AGREEMENTX���s
�4. The penalties that may be imposed upon employees for drug abuse violations;
5. Requiring that each employee engaged in the performance of the Agreement
or grant be given a copy of the company's drug-free policy statement and
that, as a condition of employment on the contract or grant, the employee
agrees to abide by the terms of the statement.
XVIII. INDEPENDENT CONTRACTOR
In the performance of work, duties, and obligations under this Agreement, CONTRACTOR
is at all times acting and performing as an independent contractor and not as an employee of
the COUNTY. No offer or obligation of permanent employment with the COUNTY or
particular COUNTY department or agency is intended in any manner, and CONTRACTOR
shall not become entitled by virtue of this Agreement to receive from COUNTY any form of
employee benefits including, but not limited to sick leave, vacation, or retirement benefits,
workers' compensation coverage, insurance, disability benefits, or social security benefits,
or unemployment compensation or insurance. CONTRACTOR shall be solely liable for and
obligated to pay directly all applicable taxes including, but not limited to, federal and state
income taxes and social security, arising out of CONTRACTOR's compensation for
performance of this Agreement. In connection therewith, CONTRACTOR shall defend,
indemnify, and hold the COUNTY harmless from any and all liability COUNTY may incur
because of CONTRACTOR's failure to pay such taxes when due.
XIX. SUBCONTRACTING
CONTRACTOR may not subcontract any services under this Agreement without
COUNTY's prior written authorization. At any time, COUNTY may require a complete
listing of all subcontractors employed by the CONTRACTOR for the purpose of fulfilling
its obligations under the terms of this Agreement. CONTRACTOR shall be legally
responsible for subcontractors' compliance with the terms and conditions of this Agreement
and with applicable law. All subcontracts shall be in writing and shall comply with all
COUNTY requirements, state requirements, and applicable law. In addition,
CONTRACTOR shall be legally responsible to COUNTY for the acts and omissions of any
subcontractors and persons either directly or indirectly employed by them.
XX. GENERAL PROVISIONS
A Amendment. This Agreement may be amended or modified only by an instrument in
writing signed by all the parties hereto.
B Waiver. Any waiver of any terms and conditions of this Agreement must be in
writing and signed by the parties hereto. A waiver of any of the terms and conditions
of this Agreement shall not be construed as a waiver of any other terms or conditions
in this Agreement.
C Assi ng ment. This Agreement shall not be assigned by CONTRACTOR, either in
whole or in part, without the prior written consent of the COUNTY. Any assignment
without such consent shall automatically terminate this Agreement.
D Contractor. The term CONTRACTOR" as used in this Agreement includes
CONTRACTOR's officers, agents, and employees acting on CONTRACTOR's
behalf in the performance of this Agreement.
AspiraNet: FY 2003-09 13
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EXECUTED-U02
AGREEMENT-U02
LI21329-U03
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7/25/2008-U04
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EXECUTED AGREEMENTX���s �E Headings. The section and paragraph headings are for convenience only and shall
not be used to interpret the terms of this Agreement.
F Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same Agreement.
G Authority. Any individual executing this Agreement on behalf of an entity
represents and warrants hereby that he or she has the requisite authority to enter into
this Agreement on behalf of such entity and bind the entity to the terms and
conditions of the same.
H Integration. This Agreement, including the exhibits hereto, shall represent the entire
Agreement between the parties with respect to the subject matter hereof and shall
supersede all prior negotiations, representations, and/or agreements, either written or
oral, between the parties as of the effective date hereof.
I Governing Law. This Agreement shall be governed by and interpreted under the
laws of the State of California.
J Non-exclusive Agreement. This Agreement is non-exclusive and both parties
expressly reserve the right to contract with other entities for the same or similar
services.
K Construction of Agreement. The parties agree that each party has fully participated
in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement or any amendment hereto.
L Severability. In the event of changes in law that effect the provisions of this
Agreement, the parties agree to amend the affected provisions to conform to the
changes in the law retroactive to the effective date of such changes in law. The
parties further agree that the terms of this Agreement are severable and, in the event
of changes in law as described above, the unaffected provisions and obligations of
this Agreement will remain in full force and effect.
M Time is of the essence. Time is of the essence in each and all of the provisions of this
Agreement.
AspiraNct: FY 2008-09 14
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EXECUTED-U02
AGREEMENT-U02
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AS69436-U03
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7/25/2008-U04
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EXECUTED AGREEMENTX���s �XXI. NOTICES AND DESIGNATED LIAISONS
Notices to the parties in connection with this Agreement may be given personally or may be
delivered by certified mail, return receipt requested, addressed to:
COUNTY OF MONTEREY ASPIRANET
Wayne W. Clark, PhD Vernon McFarland-Brown, MA
Behavioral Health Director Chief Executive Officer
1270 Natividad Road 43 East Romie Lane
Salinas, CA 93906 Salinas, CA 93901
831) 755-4509 831) 755-7870
This space is left blank, intentionally.
AspiraNet: FY 2008-09 15
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39655-U01
EXECUTED-U02
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LI21329-U03
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FO64075-U03
MG69409-U03
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DO71618-U03
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7/25/2008-U04
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3-U06
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DIRECTOR-U07
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SERVICES-U07
AGREEMENT-U07
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MCKEE-U09
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6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
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IN-U012
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A-10969,-U012
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EXECUTED AGREEMENTX���s �IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
By:
COUNTY OF MONTEREY
Date:
AspiraNet
By:
d_-
By:
Len Foster, Direc)6r of H
Lee Blankenship", Assistant County Counsel
Date: 5 i yV / t
By:
Gary Gibony, A di V/Controller
Date:
Approved as to;'I.i~bil~ty nFt,bv~SQ
i y
j S TO IINDEM?NIJY
t 1 I i F
By:
Approved as to Content
By:
Date:
Pq/
ayne Clark, Behavioral Health Director
&/ 20�S'
By:
CONTRACTOR
erno VeFarland- Brown, MA, CEO
Signature of Secretary, Asst. Se to CFO, or
Asst. Treasurer)*
7VA VAN, w qy)0Vq
Name and Ti le
Date:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of the
corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the
partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on behalf of the partnership.
Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9.
Approval by County Counsel is necessary only if changes are made to the standard provisions of the MHSA.
AspiraNet: FY 2008-09 16
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FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
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11896-U05
3-U06
A.-U07
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OF-U07
HEALTH-U07
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HEALTH-U07
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411-HEALTH-U08
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MCKEES-U10
6/11/2008-U011
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1,-U012
2008-U012
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IN-U012
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EXECUTED AGREEMENTX���s �EXHIBIT A:
PROGRAM DESCRIPTION
1. IDENTIFICATION OF CONTRACTOR
AspiraNet
43 East Romie Lane
Salinas, CA 93901
755-7870 phone
755-7875 fax
H. INCORPORATION STATUS
501(c)(3) Nonprofit Organization
III. LEGAL STATUS
Voluntary or juvenile dependents W&I Code, 300 et. seq.) or wards W&I Code, 602 et.
seq.).
IV. PROGRAM NARRATIVE
The purpose of this agreement is to provide intensive wraparound services to eligible
Monterey County foster, probation, special education and at-risk youth. Wraparound
services are defined as community-based intervention services that emphasize the strengths
of the child and family, and include the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes in their lives.
V. PROGRAM GOAL
A To provide children and their families a service alternative to group home care
through the development of family-based services.
B To provide services that are individualized to build on the strengths of each eligible
child and family and are tailored to address their unique and changing needs.
C To develop all plans through a Child and Family Team.
VI. SERVICE OBJECTIVES
A To provide mental health, case management, and crisis intervention services
necessary to develop and implement the Child and Family Plan.
B To provide mental health, case management, and crisis intervention services, which
support the child in remaining in his/her own home or alternative family-like setting.
C To link clients to services and help them navigate community resources that will
build supportive client family relationships and develop interpersonal skills as well
as skills to increase individual capacities.
VII. TREATMENT SERVICES
A Mode of Service: Outpatient Services.
B Contracted units of service by type: There is no limitation on units of service or the
mix of units of service other than the maximum contract dollar amount found in
Exhibit B of this contract. CONTRACTOR shall make a full accounting of all units
of service and cost in accordance with Section XIII, Annual Cost Report.
C Delivery Site: 43 East Romie Lane, Salinas, CA 93901
AspiraNet: FY 2008-09
Exhibit A-1
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AS69436-U03
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DO71618-U03
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7/25/2008-U04
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3-U06
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6/11/2008-U011
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1,-U012
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JUNE-U012
30,-U012
2009,-U012
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IN-U012
AMOUNT-U012
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EXECUTED AGREEMENTX���s �D Hours of Operation: Services will be seven days a week, 24 hours a day by
appointment or on call for crisis intervention or other emergencies.
VIII. POPULATION TO BE SERVED
The target population for this agreement is 18 eligible Monterey County children. Eligible
child" means any of the following:
A A child who has been adjudicated as either a dependent or ward of the juvenile court
pursuant to Welfare & Institutions Code Section 300 or 602, and who would be
placed in a group home licensed by the State at a rate classification level RCL) of
10 or higher.
B A child who has been adjudicated as either a dependent or ward of the juvenile court
pursuant to Welfare & Institutions Code Section 300 or 602, and is currently placed
in a group home licensed by the State at a rate classification level RCL) of 10 or
higher and is identified as appropriate to transition into family home care.
C Would be voluntarily placed in out-of-home RCL level 10 or above group care
pursuant to Section 7572.5 of the Government Code.
D A child who has been described by the special education process to be in need of
therapeutic, residential treatment in order to meet his or her educational needs and
other less intensive services will not adequately meet the child and family's mental
health needs".
X. ELIGIBILITY
Monterey County youth who are identified within the population to be served as noted
above have full scope Medi-Cal and have been screened and approved by the Interagency
Referral Team. Youth placed voluntarily pursuant to Section 7572.5 of the Government
Code who do not have Medi-Cal may be eligible if wrap services are delineated in the
youth's Individualized Education Plan IEP).
XI. LIMITATION OF SERVICE / PRIOR AUTHORIZATION
Potential referrals will be screened by the Interagency Referral Team to insure that youth
meet criteria for admission to the program and that family has given preliminary agreement
to participate in Wraparound services.
XII. CLIENT DESCRIPTION / CHARACTERISTICS
Boys and girls ages 3 18 years with:
A Severe emotional and behavioral disturbances; and
B Axis I diagnosis indicating mental impairment or behavioral disturbance and
substantial impairment in two of the following areas:
1. Self care
2. Family relationships
3. Ability to function in the community
4. Ability to function in school
C Has been placed out of the home or expected to be placed out of the home
XIII. MEETINGS/COMMUNICATIONS
The primary contact for the COUNTY shall convene a monthly meeting of the
Administrative Oversight Team AOT), which will be co-chaired by a contract administrator
for the COUNTY and the CONTRACTOR. This meeting will include representation of all
AspiraNet: FY 2008-09
Exhibit A-2
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11896-U05
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6/11/2008-U011
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AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �wraparound CONTRACTORS along with appropriate COUNTY representation. The
purpose of these meetings shall be to oversee implementation of the contract; discuss
contract issues; evaluate contract usage and effectiveness; and make recommendations for
contract modifications. These meetings will also address maximization of sound internal
processes to maintain fidelity to the wraparound model. The AOT does not have the
authority to authorize changes requiring a contract amendment. The AOT monthly meeting
shall occur in conjunction with the first Wraparound Community Team Meeting of each
month. A separate agreed upon agenda shall be distributed and followed for these meetings.
XIV. DESIGNATED CONTRACT MONITOR
Thomas S. Berg
Behavioral Health Division, Children's Services Manager
1000 South Main Street, Suite 210B
Salinas, CA 93901
831) 784-1513
AspiraNet: FY 2008-09
Exhibit A-3
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �EXHIBIT B:
PAYMENT PROVISIONS
1. PAYMENT TYPE
Cost Reimbursed up to maximum contract amount.
II. PAYMENT CONDITIONS
A In order to receive any payment under this Agreement, CONTRACTOR shall submit
reports and claims in such form as may be required by the County of Monterey,
Department of Health, Behavioral Health Division. Specifically, CONTRACTOR
shall submit its claims on a form acceptable to COUNTY so as to reach the
Behavioral Health Division no later than the 30th day of the month following the
month of service. Upon termination of this Agreement, CONTRACTOR shall submit
its final claim for payment no later than thirty 30) days after the completion of
services.
B If CONTRACTOR fails to submit claims for services provided under the term of this
Agreement as described above, the COUNTY may, at its sole discretion, deny
payment for that month of service and disallow the claim.
C County shall review and certify CONTRACTOR's claim either in the requested
amount or in such other amount as County approves in conformity with this
Agreement, and shall promptly submit such invoice to the County Auditor-Controller
for payment. The County Auditor-Controller shall pay the amount certified within 30
days of receiving the certified invoice.
D If COUNTY certifies payment at a lesser amount than the amount requested
COUNTY shall immediately notify the CONTRACTOR in writing of such
certification and shall specify the reason for it. If the CONTRACTOR desires to
contest the certification, the CONTRACTOR must submit a written notice of protest
to the COUNTY within twenty 20) days after the CONTRACTOR's receipt of the
COUNTY notice. The parties shall thereafter promptly meet to review the dispute
and resolve it on a mutually acceptable basis. No court action may be taken on such a
dispute until the parties have met and attempted to resolve the dispute in person.
E. If, as of the date of signing this Agreement, CONTRACTOR has already received
payment from the County for services rendered under this Agreement, such amounts
shall be deemed to have been paid out under this Agreement and shall be counted
towards County's maximum liability under this Agreement.
III. PAYMENT RATE
CONTRACTOR will charge for its services at a rate not to exceed the Service Schedule of
Reimbursement below. All services will be reimbursed at the State Maximum Allowable
SMA) rate for Fiscal Year 2008-09 as set forth by the State of California.
AspiraNet: FY 2008-09
Exhibit B-I
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �IV. MAXIMUM OBLIGATION OF COUNTY
A Subject to the limitations set forth herein, COUNTY shall pay to CONTRACTOR
during the term of this Agreement a maximum amount of $655,387 for services
rendered under this Agreement.
B Maximum Annual Liability:
Total Contracted FY 2008-09 FY 2008-09
Units of Service Estimated Rate Contract
of Amount
Service Reimbursement
Mode of Function per Unit
Service Description Service Code
Wraparound Services: Not to Exceed X SMA $655,387
Brokerage Minutes) 15 1
Collateral Minutes) 15 10
Assessment/Evaluation 15 30
Minutes)
Crisis Intervention 15 70
Minutes)
Rehabilitation Minutes) 15 45
Plan Development 15 45
Minutes)
TOTAL MAXIMUM LIABILITY $655,387
C COUNTY for services rendered under this Agreement, such amount shall be deemed
to have been paid out under this Agreement and shall be counted towards
COUNTY's maximum liability under this Agreement.
D If for any reason this Agreement is canceled, COUNTY's maximum liability shall be
the total utilization to the date of cancellation not to exceed the maximum amount
listed above.
V. PAYMENT METHOD
A County will pay CONTRACTOR for the services provided by CONTRACTOR that have
been authorized pursuant to this agreement, as hereinafter set forth.
B CONTRACTOR will submit a monthly claim for services rendered to:
Monterey County Health Department
Behavioral Health Division
1270 Natividad Road, Room 200
Salinas, CA 93906
ATTN: Accounts Payable
AspiraNet: FY 2008-09
Exhibit B-2
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �EXHIBIT D:
CONFIDENTIALITY OF PATIENT INFORMATION
Confidentiality of Patient Information and Records. All patient information and records are
confidential. CONTRACTOR shall maintain the confidentiality of all patient records, including
billings and computerized records, in accordance with all state and federal law relating to
confidentiality of patient records and patient information, including but not limited to: Welfare and
Institutions Code sections 5328, et seq., 14100.2, and 10850, et seq; Title 45 Code of Federal
Regulations section 205.50, and Title 42, CFR, section 431.300 et seq.
Patient information" or confidential information" includes any patient/recipient of services
identifying information including, but not limited to: name, identifying numbers, symbol,
fingerprint, photograph or voice print. In addition, patient information" or confidential
information" includes all information CONTRACTOR has obtained about a patient/recipient of
services whether or not a documentary record of such information exists.
Use and Disclosure of Patient Information. Confidential information gained by CONTRACTOR
from access to records and from contact with patients/recipients of service and complainants shall
be used by CONTRACTOR only in connection with its performance under this Agreement.
CONTRACTOR shall not disclose patient records or information, including the identities of
patients/recipients of service, without proper consent to such disclosure or a court order requiring
disclosure. In addition, CONTRACTOR shall obtain COUNTY's authorization to such disclosure
prior to any release of confidential information. The COUNTY, through the Behavioral Health
Director, shall have access to such confidential information.
Penalty for Unauthorized Disclosure. CONTRACTOR understands that disclosure of patient
information in violation of law may subject the party releasing the information to a minimum of
$10,000 in civil damages, as set forth in Welfare and Institutions Code Section 5330.
Duty to Warn. CONTRACTOR understands that persons providing services under this Agreement
may, in certain situations involving a patient or recipient of services who is a danger to himself or
others, have a duty to warn third parties of such danger and should consult supervisory staff and/or
legal counsel about such duty to warn as appropriate.
Dissemination of these Confidentiality Provisions. CONTRACTOR shall inform all its officers,
employees, agents, and subcontractors providing services hereunder of these provisions.
By my signature below, as the authorized representative of the CONTRACTOR named below, I
certify acceptance and understanding for myself and the CONTRACTOR of the above
confidentiality provisions.
ASPIRANET
Signature of Authorized Representative
Business Name of Contractor
Vernon McFarland-Brown, MA
Name of Authorized Representative printed)
Chief Executive Officer
Date
Title of Authorized Representative
AspiraNct: FY 2008-09
Exhibit D-1
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �EXHIBIT E:
ASSURANCE OF COMPLIANCE WITH
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
CONTRACTOR hereby agrees that it will comply with: 1) Section 504 of the Rehabilitation Act of
1973, as amended 29. U.S.C. 794), 2) all requirements imposed by the applicable HHS Regulations
45 C.F.R. Part 84) and, 3) all guidelines and interpretations issued pursuant thereto.
Pursuant to Section 84.5(a) of the Regulation 45 C.F.R. 84.5a) CONTRACTOR gives this Assurance
in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts except
procurement contracts and contracts of insurance or guaranty), property, discounts or other federal
financial assistance extended after the date of this Assurance, including payments or other assistance
made after such date on applications for federal financial assistance which will be extended in reliance
on the representations and agreements made in this Assurance. The United States will have the right to
enforce this Assurance through lawful means. This Assurance is binding on CONTRACTOR, its
successors, transferees and assignees. The person or persons whose signatures appear below are
authorized to sign this Assurance on behalf of CONTRACTOR.
This Assurance obligates CONTRACTOR for the period during which federal financial assistance is
extended or, where the assistance is in the form of real or personal property, for the period provided for
in section 84.5(b) of the Regulations 45 C.F.R. 84.5b).
In addition, CONTRACTOR gives this assurance for the purpose of obtaining payment from the
COUNTY under this Agreement, regardless of the funding source. This assurance obligates the
CONTRACTOR during the entire term of this Agreement.
CONTRACTOR: Please check A or B)
A.
B.
J
Employs fewer than fifteen persons;
45 C.F.R. 84.7a), has designated the following person(s) to coordinate its efforts to
comply with the HHS regulations.
7
Employs fifteen or more persons, and pursuant to Section 84.7(a) of the Regulations
C
Contractor's Business Name ASPIRANET
Name of Contractor's Designee Vernon McFarland-Brown, MA
Title of Designee Chief Executive Officer
Street ArT) 9&(1
City State Zip
IRS Employer Identification Number
I certify that the above information is complete and correct to the best of my knowledge and belief.
Signature of Contractor Date / /d /
AspiraNet: FY 2008-09
Exhibit F-I
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �EXHIBIT F:
ASSURANCE OF COMPLIANCE WITH
MONTEREY COUNTY'S CULTURAL COMPETENCY POLICY
In a culturally competent system, each provider organization shows respect for and responds to
individual differences and special needs. Services are provided in the appropriate cultural context and
without discrimination related to race, national origin, income level, religion, gender, sexual
orientation, age, or physical disability, to name a few. Culturally competent caregivers are aware of the
impact of their own culture on their relationships with consumers and know about and respect cultural
and ethnic differences. They adapt their skills to meet each family's values and customs. Cultural
competence is a developmental and dynamic process one that occurs over time.
Organizations in a Culturally Competent Service System Promote:
Quality Improvement
Continuous evaluation and quality improvement
Supporting evidence-based, promising and emerging practices that are congruent with
ethic/racial/linguistic group belief systems, cultural values and help-seeking behaviors.
Collaboration
Collaborating with Behavioral Health and other community programs
Resolving barriers to partnerships with other service providers
Access
Providing new services to unserved and underserved children, youth, adults and/or older adults
Reducing disparities to care as identified in the Mental Health Services Act Plan
Ensuring representation of mental health services consumers, family members of a mental
health services consumer, and/or representatives from unserved communities on their
advisory/governance body or committee for development of service delivery and evaluation
with a minimum target of 25%).
Developing recruitment, hiring, and retention plans that are reflective of the target
communities' ethnic, racial, and linguistic populations.
Cultural Competent Services:
Are available, accessible and welcoming to all clients regardless of race, ethnicity, language,
age, and sexual orientation.
Provide a physical environment that is friendly, respectful and inclusive of all cultures.
Provide information, resources and reading materials in multilingual formats.
Promote and foment culturally accepted social interactions, respect and healthy behaviors
within the family constellation and service delivery system.
Provide options for services, which are consistent with the client's beliefs, values, healing
traditions, including individual preferences for alternative, spiritual and/or holistic approaches
to health.
Offer services in unserved and underserved communities.
Have services available in the evening and on weekends to ensure maximum accessibility.
Offer services in Spanish and other necessary languages such as Tagalog) for at least 50% of
all services.
AspiraNet: FY 2008-09
Exhibit F-I
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �Definitions for Cultural Competency
Cultural Competence" is defined as a set of congruent practice skills, knowledge, behaviors,
attitudes, and policies that come together in a system, agency, or among consumer providers, family
members, and professionals that enables that system, agency, or those professionals and consumers,
and family member providers to work effectively in cross-cultural situations.
Adapted from Cross, et al., 1989; cited in DMH Information Notice No.02-03).
Cultural Competence" is a means to eliminating cultural, racial and ethnic disparities. Cultural
Competence enhances the ability of the whole system to incorporate the languages, cultures, beliefs
and practices of its clients into the service. In this way all clients benefit from services that address
their needs from the foundation of their own culture. Strategies for elimination of these disparities
must he developed and implemented. Cultural Competence must be supported at all levels of the
system.
Framework for Eliminating Cultural, Linguistic, Racial and Ethnic Behavioral Health Disparities pg 9)
A set of congruent behaviors, attitudes, and policies that come together in a system, agency or amongst
professionals and consumers and enables that system, agency or those professionals and consumers to
work effectively in cross-cultural situations.
Cross, Bazron, Dennis & Issacs, 1989)
The ability to work effectively with culturally diverse clients and communities.
Randall David, 1994)
CONTRACTOR hereby agrees that it will comply with the principles and guidelines set forth in
Monterey County's Cultural Competency Policy as outlined above), and will:
1 Develop organizational capacity to provide services in a cultural competent manner. This may
include: hiring staff with the linguistic capabilities needed to meet the diverse language needs
in Monterey County for example, Spanish and Tagalog); providing staff with training in
cultural competency; making services accessible at locations and times that minimize access
barriers, and ensuring that staff have an open and positive attitude and feel comfortable
working with diverse cultures.
2. Create a physical environment that ensures people of all cultures, ages and sexual orientation
feel welcome and cared for. This may include: decorating waiting and treatment areas with
pictures that reflect the diverse cultures of Monterey County; providing reading materials,
resources and magazines in varied languages, at appropriate reading levels and suitable for
different age groups, including children and youth; consideration of cultural differences and
preferences when offering refreshments; ensuring that any pictures, symbols or materials on
display are not unintentionally disrespectful to another culture.
3. Provide an emotional environment that ensures people of all cultures, ages and sexual
orientation feel welcome and cared for. This may include: respect for individual preferences
for alternative, spiritual and/or holistic approaches to health; a reception staff that is competent
in the different languages spoken by clients; staff that is knowledgeable of cultural and ethnic
differences and needs and is able and willing to respond to them in an appropriate and
respectful manner.
AspiraNet: FY 2008-09
Exhibit F-2
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �4. Support the county's goal to reduce disparities to care by increasing access and decreasing
barriers to services by unserved and underserved communities.
5. Include the voice of multi-cultural youth, client and family members, including: monolingual
and bilingual clients and family members and representatives from unserved and underserved
communities, in the advisory/governance body or committee for development of service
delivery and evaluation County Goal: 25%).
6. Participate in outcome evaluation activities aimed at assessing individual organizations as well
as countywide cultural competency in providing mental health services.
7. As requested, meet with the Monterey County Behavioral Health Director or designee to
monitor progress and outcomes and report regularly to Behavioral Health coordinating bodies
on the progress and outcome(s) of the project.
8. As appropriate, participate in cultural competency trainings offered by Monterey County
Behavioral Health.
Dissemination of these Provisions. CONTRACTOR shall inform all its officers, employees, agents,
and subcontractors providing services hereunder of these provisions.
By my signature below, as the authorized representative of the CONTRACTOR named below, I
certify acceptance and understanding for myself and the CONTRACTOR of the above provisions.
ASPIRANET
ignature of Authorized Representative
Business Name of Contractor
Vernon McFarland-Brown, MA
Name of Authorized Representative printed)
Chief Executive Officer
Title of Authorized Representative
AspiraNet: FY 2008-09
Exhibit F-3
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �EXHIBIT G
BUSINESS ASSOCIATE AGREEMENT
This Agreement is made effective the 1't day of July, 2008, by and between the COUNTY OF
MONTEREY, hereinafter referred to as Covered Entity", and ASPIRANET hereinafter referred
to as Business Associate", individually, a Party" and collectively, the Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification
provisions," direct the Department of Health and Human Services to develop standards to protect
the security, confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health
and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA
Privacy Rule"); and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, and, pursuant to such
arrangement, Business Associate may be considered a business associate" of Covered Entity as
defined in the HIPAA Privacy Rule the agreement evidencing such arrangement is entitled Mental
Health Services Agreement, and is hereby referred to as the Arrangement Agreement"); and
WHEREAS, Business Associate may have access to Protected Health Information as defined
below) in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement
Agreement, compliance with the HIPAA Privacy Rule, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of
this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the
interests of both Parties.
1. DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Section shall have the
definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the
provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as
amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are
different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the
HIPAA Privacy Rule, the provisions of this Agreement shall control.
The term Protected Health Information" means individually identifiable health information
including, without limitation, all information, data, documentation, and materials, including
without limitation, demographic, medical and financial information, that relates to the past,
present, or future physical or mental health or condition of an individual; the provision of
health care to an individual; or the past, present, or future payment for the provision of health
care to an individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual.
AspiraNct: FY 2008--09
Exhibit G- I
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �Business Associate acknowledges and agrees that all Protected Health Information that is
created or received by Covered Entity and disclosed or made available in any form, including
paper record, oral communication, audio recording, and electronic display by Covered Entity or
its operating units to Business Associate or is created or received by Business Associate on
Covered Entity's behalf shall be subject to this Agreement.
If. CONFIDENTIALITY REQUIREMENTS
A Business Associate agrees:
i) to use or disclose any Protected Health Information solely: 1) for meeting its
obligations as set forth in any agreements between the Parties evidencing their
business relationship or 2) as required by applicable law, rule or regulation, or
by accrediting or credentialing organization to whom Covered Entity is required
to disclose such information or as otherwise permitted under this Agreement, the
Arrangement Agreement if consistent with this Agreement and the HIPAA
Privacy Rule), or the HIPAA Privacy Rule, and 3) as would be permitted by the
HIPAA Privacy Rule if such use or disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Arrangement Agreement or any similar
documentation of the business relationship of the Parties), or upon request of
Covered Entity, whichever occurs first, if feasible, Business Associate will
return or destroy all Protected Health Information received from or created or
received by Business Associate on behalf of Covered Entity that Business
Associate still maintains in any form and retain no copies of such information,
or if such return or destruction is not feasible, Business Associate will extend the
protections of this Agreement to the information and limit further uses and
disclosures to those purposes that make the return or destruction of the
information not feasible; and
iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on
behalf of Covered Entity, agrees to the same restrictions and conditions that
apply to Business Associate with respect to such information. In addition,
Business Associate agrees to take reasonable steps to ensure that its employees'
actions or omissions do not cause Business Associate to breach the terms of this
Agreement.
B Notwithstanding the prohibitions set forth in this Agreement, Business Associate may
use and disclose Protected Health Information as follows:
i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate,
provided that as to any such disclosure, the following requirements are met:
a) the disclosure is required by law; or
b) Business Associate obtains reasonable assurances from the person to
whom the information is disclosed that it will be held confidentially and
used or further disclosed only as required by law or for the purpose for
which it was disclosed to the person, and the person notifies Business
AspiraNet: FY 2008--09
Exhibit G-2
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �Associate of any instances of which it is aware in which the
confidentiality of the information has been breached;
ii) for data aggregation services, if to be provided by Business Associate for the
health care operations of Covered Entity pursuant to any agreements between
the Parties evidencing their business relationship. For purposes of this
Agreement, data aggregation services means the combining of Protected Health
Information by Business Associate with the protected health information
received by Business Associate in its capacity as a business associate of another
covered entity, to permit data analyses that relate to the health care operations of
the respective covered entities.
C Business Associate will implement appropriate safeguards to prevent use or disclosure
of Protected Health Information other than as permitted in this Agreement. The
Secretary of Health and Human Services shall have the right to audit Business
Associate's records and practices related to use and disclosure of Protected Health
Information to ensure Covered Entity's compliance with the terms of the HIPAA
Privacy Rule. Business Associate shall report to Covered Entity any use or disclosure
of Protected Health Information which is not in compliance with the terms of this
Agreement of which it becomes aware. In addition, Business Associate agrees to
mitigate, to the extent practicable, any harmful effect that is known to Business
Associate of a use or disclosure of Protected Health Information by Business Associate
in violation of the requirements of this Agreement.
III. AVAILABILITY OF PHI
Business Associate agrees to make available Protected Health Information to the extent and in the
manner required by Section 164.524 of the HIPAA Privacy Rule. Business Associate agrees to
make Protected Health Information available for amendment and incorporate any amendments to
Protected Health Information in accordance with the requirements of Section 164.526 of the HIPAA
Privacy Rule. In addition, Business Associate agrees to make Protected Health Information
available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA
Privacy Rule.
IV. TERMINATION
Notwithstanding anything in this Agreement to the contrary, Covered Entity shall have the right to
terminate this Agreement and the Arrangement Agreement immediately if Covered Entity
determines that Business Associate has violated any material term of this Agreement. If Covered
Entity reasonably believes that Business Associate will violate a material term of this Agreement
and, where practicable, Covered Entity gives written notice to Business Associate of such belief
within a reasonable time after forming such belief, and Business Associate fails to provide adequate
written assurances to Covered Entity that it will not breach the cited term of this Agreement within a
reasonable period of time given the specific circumstances, but in any event, before the threatened
breach is to occur, then Covered Entity shall have the right to terminate this Agreement and the
Arrangement Agreement immediately.
V. MISCELLANEOUS
Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this Agreement do not
intend to create any rights in any third parties. The obligations of Business Associate under this
AspiraNet: FY 2008--09
Exhibit G-3
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENTX���s �Section shall survive the expiration, termination, or cancellation of this Agreement, the
Arrangement Agreement and/or the business relationship of the parties, and shall continue to bind
Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein.
This Agreement may be amended or modified only in a writing signed by the Parties. No Party may
assign its respective rights and obligations under this Agreement without the prior written consent of
the other Party. None of the provisions of this Agreement are intended to create, nor will they be
deemed to create any relationship between the Parties other than that of independent parties
contracting with each other solely for the purposes of effecting the provisions of this Agreement and
any other agreements between the Parties evidencing their business relationship. This Agreement
will be governed by the laws of the State of California. No change, waiver or discharge of any
liability or obligation hereunder on any one or more occasions shall be deemed a waiver of
performance of any continuing or other obligation, or shall prohibit enforcement of any obligation,
on any other occasion.
The parties agree that, in the event that any documentation of the arrangement pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of this
Agreement are intended to establish the minimum requirements regarding Business Associate's use
and disclosure of Protected Health Information.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force
and effect. In addition, in the event a party believes in good faith that any provision of this
Agreement fails to comply with the then-current requirements of the HIPAA Privacy Rule, such
party shall notify the other party in writing. For a period of up to thirty days, the parties shall
address in good faith such concern and amend the terms of this Agreement, if necessary to bring it
into compliance. If, after such thirty-day period, the Agreement fails to comply with the HIPAA
Privacy Rule, then either party has the right to terminate upon written notice to the other party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
written above.
COVERED ENTITY:
COUNTY OF MONTE
By: By:
ernon Mc
L i Fotr_ Director of Health
Date:
BUSINESS ASSOCIATE:
ASPIRANET
Farland-Brown, MA
A_spiraNct: FY 2008--09
Exhibit G-4
BIB]
39655-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO71618-U03
C7-U03
COUNTY-U03
CODE-U03
7/25/2008-U04
BARAJASRM-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A ��AMENDMENT NO. 1 TO AGREEMENT A-11193
This Amendment No. 1 to Agreement A-11193 is made and entered into by and between
the COUNTY OF MONTEREY, hereinafter referred to as COUNTY, and ASPIRANET,
hereinafter referred to as CONTRACTOR.
Whereas COUNTY and CONTRACTOR have heretofore entered into Agreement
A-11193 dated June 24, 2008 Agreement) and;
Whereas the parties desire to amend the Agreement as specified below,
1. Extend Agreement A-11193 for 6 months from July 1, 2009 to December 31, 2009.
2. Increase funding for the Wraparound Program for the period July 1, 2009 to
December 31, 2009.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
herein and in the Agreement, the parties agree as follows:
1. EXHIBIT A of Agreement A-11193 is replaced with Amendment Ito EXHIBIT A.
All references in the Agreement to EXHIBIT A shall be construed to refer to
Amendment 1 to EXHIBIT A.
2. EXHIBIT B of Agreement A-11193 is replaced with Amendment 1 to EXHIBIT B.
All references in the Agreement to EXHIBIT B shall be construed to refer to
Amendment 1 to EXHIBIT B.
3. PAYMENTS BY COUNTY, COUNTY shall pay the CONTRACTOR in accordance
with the payment provisions set forth in EXHIBIT B, subject to the limitations set
forth in this Amendment 1 to Agreement A-11193. The total amount payable by
COUNTY to CONTRACTOR under this Agreement shall not exceed the sum of
$1,055,387.
4. The effective date of this Amendment is July 1, 2009 and shall remain in effect until
December 31, 2009.
All other terms and conditions of Agreement A-11193 shall remain in full force and effect.
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY 2008-10 Page 1
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
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EXECUTED AMENDMENT NO. 1 TO A ��IN WITNESS WHEREOF, County and CONTRACTOR have executed this Amendment No. 1 to Agreement A-
11193 as of the day and year written below.
By:
Date:
By:
Date:
By:
COUNTY OF MONTEREY:
Mike Derr
Contracts/Purchasin
Mana
e
g
g
os er, Director o ealth
11
APPROVED AS TO FORM
AspiraNet
AspiraNet
By: Vernon McFarland-Brown, MA, CEO
f o~ CE O
Name and Title
Date:
Date:
By:
Bv:
Date:
Gary G
ney, AJaditYr/Controll
RISK MANAGEMENT
COUNTY OF MONTEREY
2
APPROVE*RR f; GV,EOASiTLC~> D' YI
By: INSURANCE LANGUAGE
ftyen M uck, Risk Management
Date: Date: S`-~~--LS
APPROVED AS TO CONTENT:
By:
Wayne Clark, Behavioral Health Director
Date: 0~ C- I U Y
ignature of Secretary, Asst. cre ary, CFO, or
Asst. Treasurer)*
Zae-ve- r
Date:
c7-4% mfr
Name and Title
AspiraNet:
Amendment No. Ito Agreement A-11193
FY 2008-10_Page 2
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EXECUTED AMENDMENT NO. 1 TO A ��*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of the corporation shall be set
forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the partnership shall be set forth above together
with the signature of a partner who has authority to execute this Agreement on behalf of the partnership.
Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9.
z
Approval by County Counsel is necessary only if changes are made to the standard provisions of the MHSA.
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY 2008-10 Page 3
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EXECUTED AMENDMENT NO. 1 TO A ��AMENDMENT 1 TO EXHIBIT A
PROGRAM DESCRIPTION
PROGRAM DESCRIPTION
1. IDENTIFICATION OF CONTRACTOR
AspiraNet
43 East Romie Lane
Salinas, CA 93901
755-7870 phone
755-7875 fax
II. INCORPORATION STATUS
501(c)(3) Nonprofit Organization
III. LEGAL STATUS
Voluntary or juvenile dependents W&I Code, 300 et. seq.) or wards W&I Code, 602 et.
seq.).
IV. PROGRAM NARRATIVE
The purpose of this agreement is to provide intensive wraparound services to eligible
Monterey County foster, probation, special education and at-risk youth. Wraparound
services are defined as community-based intervention services that emphasize the strengths
of the child and family, and include the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes in their lives.
V. PROGRAM GOAL
A To provide children and their families a service alternative to group home care
through the development of family-based services.
B To provide services that are individualized to build on the strengths of each eligible
child and family and are tailored to address their unique and changing needs.
C To develop all plans through a Child and Family Team.
VI. SERVICE OBJECTIVES
A To provide mental health, case management, and crisis intervention services
necessary to develop and implement the Child and Family Plan.
B To provide mental health, case management, and crisis intervention services, which
support the child in remaining in his/her own home or alternative family-like setting.
C To link clients to services and help them navigate community resources that will
build supportive client family relationships and develop interpersonal skills as well
as skills to increase individual capacities.
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY 2008-10 Exhibit A-1
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EXECUTED AMENDMENT NO. 1 TO A ��VII. TREATMENT SERVICES
A Mode of Service: Outpatient Services.
B Contracted units of service by type: There is no limitation on units of service or the
mix of units of service other than the maximum contract dollar amount found in
Exhibit B of this contract. CONTRACTOR shall make a full accounting of all units
of service and cost in accordance with Section XIII, Annual Cost Report.
C Delivery Site: 43 East Romie Lane, Salinas, CA 93901
D Hours of Operation: Services will be seven days a week, 24 hours a day by
appointment or on call for crisis intervention or other emergencies.
VIII. POPULATION TO BE SERVED
The target population for this agreement is 18 eligible Monterey County children. Eligible
child" means any of the following:
A A child who has been adjudicated as either a dependent or ward of the juvenile court
pursuant to Welfare & Institutions Code Section 300 or 602, and who would be
placed in a group home licensed by the State at a rate classification level RCL) of
10 or higher.
B A child who has been adjudicated as either a dependent or ward of the juvenile court
pursuant to Welfare & Institutions Code Section 300 or 602, and is currently placed
in a group home licensed by the State at a rate classification level RCL) of 10 or
higher and is identified as appropriate to transition into family home care.
C Would be voluntarily placed in out-of-home RCL level 10 or above group care
pursuant to Section 7572.5 of the Government Code.
D A child who has been described by the special education process to be in need of
therapeutic, residential treatment in order to meet his or her educational needs and
other less intensive services will not adequately meet the child and family's mental
health needs".
X. ELIGIBILITY
Monterey County youth who are identified within the population to be served as noted
above have full scope Medi-Cal and have been screened and approved by the Interagency
Referral Team. Youth placed voluntarily pursuant to Section 7572.5 of the Government
Code who do not have Medi-Cal may be eligible if wrap services are delineated in the
youth's Individualized Education Plan IEP).
XI. LIMITATION OF SERVICE / PRIOR AUTHORIZATION
Potential referrals will be screened by the Interagency Referral Team to insure that youth
meet criteria for admission to the program and that family has given preliminary agreement
to participate in Wraparound services.
XII. CLIENT DESCRIPTION / CHARACTERISTICS
Boys and girls ages 3 18 years with:
A Severe emotional and behavioral disturbances; and
B Axis I diagnosis indicating mental impairment or behavioral disturbance and
substantial impairment in two of the following areas:
1. Self care
AspiraNet:
Amendment No. I to Agreement A-11193
FY 2008-10 Exhibit A-2
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EXECUTED AMENDMENT NO. 1 TO A ��2. Family relationships
3. Ability to function in the community
4. Ability to function in school
C Has been placed out of the home or expected to be placed out of the home
XIII. MEETINGS/COMMUNICATIONS
The primary contact for the COUNTY shall convene a monthly meeting of the Administrative
Oversight Team AOT), which will be co-chaired by a contract administrator for the
COUNTY and the CONTRACTOR. This meeting will include representation of all
wraparound CONTRACTORS along with appropriate COUNTY representation. The
purpose of these meetings shall be to oversee implementation of the contract; discuss contract
issues; evaluate contract usage and effectiveness; and make recommendations for contract
modifications. These meetings will also address maximization of sound internal processes to
maintain fidelity to the wraparound model. The AOT does not have the authority to authorize
changes requiring a contract amendment. The AOT monthly meeting shall occur in
conjunction with the first Wraparound Community Team Meeting of each month. A separate
agreed upon agenda shall be distributed and followed for these meetings.
XIV. DESIGNATED CONTRACT MONITOR
Thomas S. Berg
Behavioral Health Division, Children's Services Manager
1000 South Main Street, Suite 210B
Salinas, CA 93901
831) 784-1513
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY 2008-10 Exhibit A-3
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EXECUTED AMENDMENT NO. 1 TO A ��AMENDMENT 1 TO EXHIBIT B
PAYMENT PROVISIONS
EXHIBIT B:
PAYMENT PROVISIONS
1. PAYMENT TYPE
Cost Reimbursed CR) up to the maximum Agreement amount.
II. PAYMENT CONDITIONS
A In order to receive any payment under this Agreement, CONTRACTOR shall
submit reports and claims in such form as may be required by the County of
Monterey's Behavioral Health Division. Specifically, CONTRACTOR shall
submit its claims on a form acceptable to COUNTY so as to reach the Behavioral
Health Division no later than the 30th day of the month following the month of
service. Upon termination of this Agreement, CONTRACTOR shall submit its
final claim for payment no later than thirty 30) days after the completion of
services.
B If CONTRACTOR fails to submit claims for services provided under the term of
this Agreement as described above, the COUNTY may, at its sole discretion, deny
payment for that month of service and disallow the claim.
C COUNTY shall review and certify CONTRACTOR's claim either in the
requested amount or in such other amount as COUNTY approves in conformity
with this Agreement, and shall then submit such certified claim to the COUNTY
Auditor. The Auditor shall pay the claim in the amount certified by the
COUNTY.
D If COUNTY certifies payment at a lesser amount than the amount requested,
COUNTY shall immediately notify the CONTRACTOR in writing of such
certification and shall specify the reason for it. If the CONTRACTOR desires to
contest the certification, the CONTRACTOR must submit a written notice of
protest to the COUNTY within 20 days after the CONTRACTOR's receipt of the
COUNTY notice. The parties shall thereafter promptly meet to review the
dispute and resolve it on a mutually acceptable basis. No court action may be
taken on such a dispute until the parties have met and attempted to resolve the
dispute in person.
E. If, as of the date of signing this Agreement, CONTRACTOR has already received
payment from the County for services rendered under this Agreement, such
amounts shall be deemed to have been paid out under this Agreement and shall be
counted towards County's maximum liability under this Agreement.
F. Cost Control: CONTRACTOR shall not exceed by more than twenty 20) percent
any contract expense line item amount in the budget without the approval of
COUNTY, given by and through the Contract Administrator or Contract
Administrator's designee. CONTRACTOR shall submit an amended budget with
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY2008-10 Exhibit B-1
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EXECUTED AMENDMENT NO. 1 TO A ��its request for such approval. Such approval shall not permit CONTRACTOR to
receive more than the maximum total amount payable under this contract.
Therefore, an increase in one line item will require corresponding decreases in
other line items.
III. PAYMENT RATE
CONTRACTOR will charge for its services at a rate not to exceed the Service Schedule
of Reimbursement below. All services will be reimbursed at the State Maximum
Allowable SMA) rate for Fiscal Year 2009-10 as set forth by the State of California.
IV. MAXIMUM OBLIGATION OF COUNTY
A Subject to the limitations set forth herein, COUNTY shall pay to CONTRACTOR
during the term of this Agreement a maximum amount of $1,055,387 for services
rendered under this Agreement.
B Maximum Annual Liability:
AspiraNet FY 2008-09 Contract Services
Total Contracted FY 2008-09 FY 2008-09
Units of Service Estimated Rate Contract
of Amount
Service Reimbursement
Mode of Function per Unit
Service Description Service Code
Wraparound Services: Not to Exceed X SMA $655,387
Brokerage Minutes) 15 1
Collateral Minutes) 15 10
Assessment/Evaluation 15 30
Minutes)
Crisis Intervention 15 70
Minutes)
Rehabilitation Minutes) 15 45
Plan Development 15 45
Minutes)
TOTAL MAXIMUM LIABILITY $655,387
AspiraNet:
Amendment No. Ito Agreement A-11193
FY 2008-10 Exhibit B-2
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30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A � �AspiraNet July 1, 2009 to December 31, 2009) FY 2009-10 Contract Services
Total Contracted FY 2009-10 FY 2009-10
Units of Service Estimated Rate Contract
of Amount
Service Reimbursement
Mode of Function per Unit
Service Description Service Code
Wraparound Services:
Brokerage Minutes) 15 1
Collateral Minutes) 15 10
Assessment/Evaluation 15 30
Minutes)
Not to Exceed X SMA $400
000
Crisis Intervention 15 70
Minutes)
Rehabilitation Minutes) 15 45
Plan Development 15 45
Minutes)
TOTAL MAXIMUM LIABILITY $400,000
C COUNTY for services rendered under this Agreement, such amount shall be
deemed to have been paid out under this Agreement and shall be counted towards
COUNTY's maximum liability under this Agreement.
D If for any reason this Agreement is canceled, COUNTY's maximum liability shall
be the total utilization to the date of cancellation not to exceed the maximum
amount listed above.
V. PAYMENT METHOD
A County will pay CONTRACTOR for the services provided by CONTRACTOR
that have been authorized pursuant to this agreement, as hereinafter set forth.
B CONTRACTOR will submit a monthly claim for services rendered to:
Monterey County Health Department
Behavioral Health Division
1270 Natividad Road, Room 200
Salinas, CA 93906
ATTN: Accounts Payable
AspiraNet:
Amendment No. Ito Agreement A-11193
FY 2008-10 Exhibit B-3
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A �
�EXHIBIT G
BUSINESS ASSOCIATE AGREEMENT
This Agreement, hereinafter referred to as Agreement", is made effective July 1, 2009
by and between the County of Monterey, a political subdivision of the State of California, on
behalf of the Health Department, hereinafter referred to as Covered Entity", and AspiraNet
hereinafter referred to as Business Associate", individually, a Party" and collectively, the
Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification
provisions," direct the Department of Health and Human Services to develop standards to protect
the security, confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of
Health and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the
HIPAA Privacy Rule"); and
WHEREAS, the State of California has enacted statutes designed to safeguard patient
privacy including, without limitation, the Confidentiality of Medical Information Act CMIA"),
California Civil Code 56 et seq., Senate Bill 541, enacted September 30, 2008, and Assembly
Bill 211, enacted September 30, 2008; and
WHEREAS, the parties acknowledge that California law may include provisions more
stringent and more protective of the confidentiality of health information than the provisions of
HIPAA; and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, hereby referred to as the
Service Agreement" and, pursuant to such arrangement, Business Associate may be considered
a business associate" of Covered Entity as defined in the HIPAA Privacy Rule and under
California law; and
WHEREAS, Business Associate may have access to Protected Health Information as
defined below) in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties' continuing obligations under the Service
Agreement, compliance with the HIPAA Privacy Rule, compliance with California law, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to the provisions of this Agreement in order to address the
requirements of the HIPAA Privacy Rule and California law and to protect the interests of both
Parties.
AspiraNet:
Amendment No. 1 to Agreement A-11193
FY 2008-10
Exhibit G-1
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A �
�I. DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Section shall have the
definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the
provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as
amended, the HIPAA Privacy Rule shall control. In the event of an inconsistency between the
provisions of this Agreement and mandatory provisions of CMIA or other California law,
California law shall control. Where provisions of this Agreement are different than those
mandated in the HIPAA Privacy Rule and California law, but nonetheless are permitted by the
HIPAA Privacy Rule and California law, the provisions of this Agreement shall control.
The term Protected Health Information" means individually identifiable health information
including, without limitation, all information, data, documentation, and materials, including
without limitation, demographic, medical and financial information, that relates to the past,
present, or future physical or mental health or condition of an individual; the provision of health
care to an individual; or the past, present, or future payment for the provision of health care to an
individual; and that identifies the individual or with respect to which there is a reasonable basis
to believe the information can be used to identify the individual.
Business Associate acknowledges and agrees that all Protected Health Information that is created
or received by Covered Entity and disclosed or made available in any form, including paper
record, oral communication, audio recording, and electronic display by Covered Entity or its
operating units to Business Associate or is created or received by Business Associate on Covered
Entity's behalf shall be subject to this Agreement.
II. CONFIDENTIALITY REQUIREMENTS
a) Business Associate agrees:
i) to access, use, or disclose any Protected Health Information solely: 1) for
meeting its obligations as set forth in any agreements between the Parties evidencing
their business relationship or 2) as required by applicable law, rule or regulation, or by
accrediting or credentialing organization to whom Covered Entity is required to disclose
such information or as otherwise permitted under this Agreement, the Service Agreement
if consistent with this Agreement the HIPAA Privacy Rule, and California law), the
HIPAA Privacy Rule, or California law and 3) as would be permitted by the HIPAA
Privacy Rule and California law if such use or disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Service Agreement or any similar
documentation of the business relationship of the Parties), or upon request of Covered
Entity, whichever occurs first, if feasible, Business Associate will return or destroy all
Protected Health Information received from or created or received by Business Associate
on behalf of Covered Entity that Business Associate still maintains in any form and retain
no copies of such information, or if such return or destruction is not feasible, Business
Associate will extend the protections of this Agreement to the information and limit
further access, uses, and disclosures to those purposes that make the return or destruction
of the information not feasible; and
AspiraNet:
Amendment No. I to Agreement A-11193
FY 2008-10
Exhibit G-2
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A �
�iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on behalf of
Covered Entity, agrees to the same restrictions and conditions that apply to Business
Associate with respect to such information. In addition, Business Associate agrees to take
reasonable steps to ensure that its employees' actions or omissions do not cause Business
Associate to breach the terms of this Agreement.
M.
b) Notwithstanding the prohibitions set forth in this Agreement, Business Associate
may use and disclose Protected Health Information as follows:
i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that as
to any such disclosure, the following requirements are met:
A) the disclosure is required by law; or
B) Business Associate obtains reasonable assurances from the person
to whom the information is disclosed that it will be held confidentially and
accessed, used, or further disclosed only as required by law or for the purpose for
which it was disclosed to the person, and the person notifies Business Associate
of any instances of which it is aware in which the confidentiality of the
information has been breached, within five calendar days of discovering said
breach of confidentiality;
ii) for data aggregation services, if to be provided by Business Associate for
the health care operations of Covered Entity pursuant to any agreements between the
Parties evidencing their business relationship. For purposes of this Agreement, data
aggregation services means the combining of Protected Health Information by Business
Associate with the protected health information received by Business Associate in its
capacity as a business associate of another covered entity, to permit data analyses that
relate to the health care operations of the respective covered entities.
c) Business Associate will implement appropriate safeguards to prevent access to,
use of, or disclosure of Protected Health Information other than as permitted in this
Agreement. The Secretary of Health and Human Services shall have the right to audit
Business Associate's records and practices related to use and disclosure of Protected
Health Information to ensure Covered Entity's compliance with the terms of the HIPAA
Privacy Rule. Business Associate shall report to Covered Entity any access, use, or
disclosure of Protected Health Information which is not in compliance with the terms of
this Agreement of which it becomes aware within five calendar days of discovering such
improper access, use, or disclosure. In addition, Business Associate agrees to mitigate, to
the extent practicable, any harmful effect that is known to Business Associate of a use,
disclosure, or access of Protected Health Information by Business Associate in violation
of the requirements of this Agreement.
AVAILABILITY OF PHI
Business Associate agrees to make available Protected Health Information to the extent and in
the manner required by Section 164.524 of the HIPAA Privacy Rule. Business Associate agrees
to make Protected Health Information available for amendment and incorporate any amendments
AspiraNet:
Amendment No. I to Agreement A-11193
FY 2008-10
Exhibit G-3
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A �
�to Protected Health Information in accordance with the requirements of Section 164.526 of the
HIPAA Privacy Rule. In addition, Business Associate agrees to make Protected Health
Information available for purposes of accounting of disclosures, as required by Section 164.528
of the HIPAA Privacy Rule.
IV. TERMINATION
Notwithstanding anything in this Agreement to the contrary, Covered Entity shall have the right
to terminate this Agreement and the Service Agreement immediately if Covered Entity
determines that Business Associate has violated any material term of this Agreement. If Covered
Entity reasonably believes that Business Associate will violate a material term of this Agreement
and, where practicable, Covered Entity gives written notice to Business Associate of such belief
within a reasonable time after forming such belief, and Business Associate fails to provide
adequate written assurances to Covered Entity that it will not breach the cited term of this
Agreement within a reasonable period of time given the specific circumstances, but in any event,
before the threatened breach is to occur, then Covered Entity shall have the right to terminate this
Agreement and the Service Agreement immediately, and seek injunctive and/or declaratory relief
in a court of law having jurisdiction over Business Associate.
V.
MISCELLANEOUS
Except as expressly stated herein, in the HIPAA Privacy Rule, or under California law, the
parties to this Agreement do not intend to create any rights in any third parties. The obligations
of Business Associate under this Section shall survive the expiration, termination, or cancellation
of this Agreement, the Service Agreement and/or the business relationship of the parties, and
shall continue to bind Business Associate, its agents, employees, contractors, successors, and
assigns as set forth herein.
This Agreement may be amended or modified only in a writing signed by the Parties. No Party
may assign its respective rights and obligations under this Agreement without the prior written
consent of the other Party. None of the provisions of this Agreement are intended to create, nor
will they be deemed to create any relationship between the Parties other than that of independent
parties contracting with each other solely for the purposes of effecting the provisions of this
Agreement and any other agreements between the Parties evidencing their business relationship.
This Agreement will be governed by the laws of the State of California. No change, waiver or
discharge of any liability or obligation hereunder on any one or more occasions shall be deemed
a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of
any obligation, on any other occasion.
The parties agree that, in the event that any documentation of the parties, pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of
this Agreement are intended to establish the minimum requirements regarding Business
Associate's use and disclosure of Protected Health Information.
AspiraNet:
Amendment No. I to Agreement A-11193
FY 2008-10
Exhibit G-4
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
FUTURE-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
TOTAL-U012
CONTRACT-U012
AMOUNT-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AMENDMENT NO. 1 TO A ��In the event that any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full
force and effect. In addition, in the event a party believes in good faith that any provision of this
Agreement fails to comply with the then-current requirements of the HIPAA Privacy Rule or
California law, such party shall notify the other party in writing. For a period of up to thirty days,
the parties shall attempt in good faith to address such concern and amend the terms of this
Agreement, if necessary to bring it into compliance. If, at the conclusion of such thirty-day
period, a party believes in good faith that the Agreement still fails to comply with the HIPAA
Privacy Rule or California law, then either party has the right to terminate this Agreement and
the Service Agreement upon written notice to the other party. Neither party may terminate this
Agreement without simultaneously terminating the Service Agreement, unless the parties
mutually agree in writing to modify this Agreement or immediately replace it with a new
Business Associate Agreement that fully complies with the HIPAA Privacy Rule and California
law.
Business Associate acknowledges that the Health Department has established a Corporate
Compliance Program, and under this program the Health Department has developed a Code of
Conduct Manual to provide guidance in the ethical and legal performance of our professional
services. Business Associate further agrees to abide by all principles stated in the Code of
Conduct while conducting business with the Health Department. A copy of the Code of Conduct
& Principles of Compliance is available upon request.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year written above.
COVERED ENTITY: BUSINESS ASSOCIATE:
COUNTY OF MONTEREY ASPIRANET
By: By:
Len Foster, Director of Health Vernon McFarland-Brown, MA, CEO
Date: Date:
AspiraNet.:
Amendment No. I to Agreement A-11193
FY 2008-10
Exhibit G-5
BIB]
40005-U01
EXECUTED-U02
AMENDMENT-U02
NO.-U02
1-U02
TO-U02
AGREEMENT-U02
A-11193-U02
ASPIRANET-U02
LI21329-U03
FO21330-U03
FO62956-U03
FO64075-U03
MG69409-U03
AS69434-U03
AS69436-U03
AI70301-U03
DO81911-U03
C5-U03
AGREEMENTS-U03
7/10/2009-U04
BOYDA-U04
11896-U05
3-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
MENTAL-U07
HEALTH-U07
SERVICES-U07
AGREEMENT-U07
ASPIRANET,-U07
EFFECTIVE-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
6/11/2008-U011
JULY-U012
1,-U012
2008-U012
THROUGH-U012
JUNE-U012
30,-U012
2009,-U012
WRAPAROUND"-U012
SHORT-DOYLE/MEDI-CAL-U012
SERVICES-U012
IN-U012
AMOUNT-U012
OF-U012
$655,387-U012
TO-U012
REPLACE-U012
AGREEMENT-U012
A-10969,-U012
EXPIRES-U012
JUNE-U012
30,-U012
2008;-U012
B. U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
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