File #: 09-925    Name:
Type: Minutes Status: Passed
File created: 7/21/2009 In control: Board of Supervisors
On agenda: 7/21/2009 Final action: 7/21/2009
Title: a. Approve and authorize the Director of Health to sign a three (3) Fiscal Year term (FY 2009-10, 2010-11 and a. Approve and authorize the Director of Health to sign a three (3) Fiscal Year term (FY 2009-10, 2010-11 and
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Fully Executed Agreement A-11497 w/Sun Streeet Centers

 

 

 

 

 

 

COMPLETED BOARD ORDER�");�17

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A-11497

a. Approve and authorize the Director of Health to sign a three 3) Fiscal

Year term FY 2009-10, 2010-11 and 2011-12) Alcohol and Drug

Treatment Services Agreement with Sun Street Centers for the provision

of alcohol and drug recovery services in the annual amount of

$1,578,476 for a total of $4,735,428 for the period July 1, 2009 through

June 30, 2012; and

b. Authorize the Director of Health to approve future amendments up to

five percent 5%) of the annual amount, which does not significantly

alter the scope of work or result in an, increase to net county costs.

Upon motion of Supervisor Parker, seconded by Supervisor Salinas, and carried by those

members present, the Board hereby:

a. Approved and authorized the Director of Health to sign a three 3) Fiscal Year term FY

2009-10, 2010-11 and 2011-12) Alcohol and Drug Treatment Services Agreement with Sun

Street Centers for the provision of alcohol and drug recovery services in the annual amount

of $1,578,476 for a total of $4,735,428 for the period July 1, 2009 through June 30, 2012;

and

b. Authorized the Director of Health to approve future amendments up to five percent 5%) of

the annual amount, which does not significantly alter the scope of work or result in an

increase to net county costs.

PASSED AND ADOPTED this 21St day of July, 2009, by the following vote, to wit:

AYES: Supervisors Armenta, Salinas, Calcagno, Parker

NOES: None

ABSENT: Supervisor Potter

1, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on July 21, 2009.

Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By

Deputy

 

 

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SIGNED BOARD REPORTX��")=�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 21, 2009  Consent AGENDA NO.: 17

SUBJECT: a. Approve and authorize the Director of Health to sign a three fiscal year term

FY 2009-10, 2010-11 and 2011-12) Alcohol and Drug Treatment Services

Agreement with Sun Street Centers for the provision of alcohol and drug

recovery services in the annual amount of $1,578,476 for a total of $4,735,428

for the period July 1, 2009 through June 30, 2012; and

b. Authorize the Director of Health to approve future amendments up to five

percent 5%) of the annual amount, which does not significantly alter the scope

of work or result in an increase to net county costs.

DEPARTMENT: Health  Behavioral Health Division

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Approve and authorize the Director of Health to sign a three fiscal year term FY 2009-10,

2010-11 and 2011-12) Alcohol and Drug Treatment Services Agreement with Sun Street

Centers for the provision of alcohol and drug recovery services in the annual amount of

$1,578,476 for a total of $4,735,428 for the period July 1, 2009 through June 30, 2012; and

b. Authorize the Director of Health to approve future amendments up to five percent 5%) of

the annual amount, which does not significantly alter the scope of work or result in an

increase to net county costs.

SUMMARY/DISCUSSION:

This new alcohol and drug services treatment Agreement with Sun Street Centers replaces

Agreement A-10586 which expired on June 30, 2009. Sun Street Centers provides residential

and outpatient alcohol and drug recovery services for Medi-Cal, Non-Medi-Cal, Proposition 36

and CaIWORKS eligible Monterey County residents. Should funding for the Proposition 36 and

Cal WORKS programs be reduced or eliminated, Behavioral Health will amend the Agreement to

reflect those changes. Behavioral Health has been in communication with the contract provider

regarding the possibility of funding elimination. Prop 36 clients are being transitioned out of

treatment and no new referrals were accepted to the program as of July 1, 2009. Although

CalWorks clients are served by this contractor, CalWorks funding for services under this contract

is not anticipated to be eliminated or reduced. The Agreement provides for termination without

cause by either party with a thirty 30) day written notice.

OTHER AGENCY INVOLVEMENT:

County Counsel, Risk Management, and the Auditor-Controller have reviewed this Agreement

as to legal form, insurance requirements, and fiscal provisions respectively. A copy of this

Agreement is on file with the Clerk to the Board.

FINANCING:

This Agreement is funded by State and Federal dollars. This contract is for $1,578,476 for FY

2009-10, $1,578,476 for FY 2010-11 and $1,578,476 for FY 2011-12, for a total amount not to

exceed $4,735,428. The funds for FY 2009-10 have been included in the Health Department's

Behavioral Health Bureau Adopted Budget for Fiscal Year 2009-10. There is no Net County

Cost associated with this Agreement.

 

 

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SIGNED BOARD REPORTX��")=�A contract clause in the Agreement stipulates that should funding be terminated or reduced prior

to the June 30, 2012 end date, the County may elect to terminate this Agreement after

consultation and giving written notice of termination to the Contractor. Additionally, a second

clause indicates that a 30 day cancellation notice may be issued by the contractor or thqGobnty.

6

Kezf Foster

Rose Moreno, 755-471

Management Analyst Director of Health

Date: 1001 Date:- 71

  /_m~2

cc: Michael Miller, Auditor-Controller

Charles McKee, County Counsel

 

 

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FULLY EXECUTED AGREEMENT A-11+@S� 4Cf-I June 30,2012

Agreement Number Termination Date

COUNTY OF MONTEREY

DEPARTMENT OF HEALTH

ALCOHOL AND/OR DRUG

SERVICE CONTRACT

COUNTY Department Contract Representative

Len Foster.

Director of Health

1270 Natividad Road, Salinas, CA 93906

This Agreement is entered into in the State of California, by and between the County of

Monterey, a political subdivision of the State of California, hereinafter referred to as COUNTY," and

SUN STREET CENTERS, a voluntary health and welfare agency exempt from Federal taxation

under Internal Revenue Code Section 501 c) 3), hereinafter referred to as CONTRACTOR", for the

purpose of providing alcohol and drug recovery services in Monterey County.

RECITALS

The parties hereby enter into this contract in reliance on the following facts and

representations:

1. COUNTY desires to enter into this Agreement whereby CONTRACTOR will provide

services set forth herein in accordance with the requirements of Chapter 4 commencing with Section

9000) of the California Code of Regulations.

2. Division 10.5 commencing with Section 11750) of the California Health and Safety Code

provides a set of definitions, standards, procedures, and regulations by and pursuant to which

COUNTY and CONTRACTOR may lawfully contract for such services.

3. CONTRACTOR is willing to furnish such services upon the terms hereafter set forth.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. SERVICES TO BE PROVIDED

COUNTY hereby engages CONTRACTOR to perform and CONTRACTOR hereby agrees

to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The

services are generally described as follows: CONTRACTOR shall provide the recovery services set

forth in this Agreement, to the recipient population and to the COUNTY, in compliance with the terms

of this Agreement. This Agreement defines the rights and obligations of the parties regarding treatment

not funded by Drug/Medi-Cal hereafter Non-Drug/Medi-Cal") and the rights and obligations of the

parties regarding treatment funded by Drug/Medi-Cal hereafter Drug/Medi-Cal"). Unless otherwise

indicated, requirements set forth in this Agreement shall apply to both Non-Drug/Medi-Cal funded

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@S�treatment and Drug/Medi-Cal funded treatment.

2. CONTRACT ADMINISTRATION

COUNTY Behavioral Health Director, hereafter referred to as the DIRECTOR, shall be the

COUNTY employee authorized and assigned to represent the interests of the COUNTY and to ensure

that the terms and conditions of this Contract are carried out. CONTRACTOR's Executive Director

shall administer this Agreement on behalf of the CONTRACTOR. CONTRACTOR agrees to submit

necessary program and financial reports in a timely fashion, pursuant to provisions of this Agreement

and the provisions contained in the COUNTY Administration and Reporting Guidelines, which shall

be furnished to the CONTRACTOR by the COUNTY at no cost to CONTRACTOR.

3. PERFORMANCE STANDARDS AND COMPLIANCE

3.1 Performance standards. CONTRACTOR shall meet the contracted level of service and the

specified performance standards unless prevented from doing so by circumstances beyond

CONTRACTOR's control, including but not limited to natural disasters, fire, theft, and shortages of

necessary supplies or materials due to labor disputes.

3.2 Compliance with terms of State and Federal grants. If this Agreement has been or will be

funded with monies received by the COUNTY pursuant to a contract with the state or federal

government in which the COUNTY is the grantee, CONTRACTOR will comply with all the

provisions of said contract, to the extent applicable to CONTRACTOR as a subgrantee under said

contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth

herein. Upon request, COUNTY will deliver a copy of said contract to CONTRACTOR, at no cost

to CONTRACTOR.

3.3 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees

and subcontractor performing services under this Agreement are specially, trained, experienced,

competent, and appropriately licensed to perform the work and deliver the services required under

this Agreement.

3.4 CONTRACTOR its agents, employees and subcontractors shall perform all work in a safe

and skillful manner and in compliance with all applicable laws and regulations. All work performed

under this Agreement that is required by law to be performed or supervised by licensed personnel

shall be performed in accordance with such licensing requirements.

3.5 CONTRACTOR shall furnish, at its own expense, all materials and equipment necessary to

carry out the terms of this Agreement, except as otherwise specified in this Agreement.

CONTRACTOR shall not use COUNTY premises, property including equipment, instruments, or

supplies) or personnel for any purpose other than in the performance of its obligations under this

Agreement

3.6 COUNTY monitoring of services. COUNTY shall monitor services provided under this

Agreement in order to evaluate the effectiveness and quality of services provided. The DIRECTOR

will assign a designated staff representative to be the Contract Monitor. The procedure utilized to

monitor the Agreement will be as follows:

3.6.1 COUNTY shall monitor the kind, cost, quality, and quantity of the CONTRACTOR's

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@S�services and criteria for determining the persons, population groups and geographic areas to be

served. COUNTY may, in its sole discretion, change its designation of the Contract Monitor and

shall promptly give written notice to CONTRACTOR of any such change.

3.6.2 The Contract Monitor shall hold regular meetings with CONTRACTOR at reasonable

intervals deemed appropriate or necessary by the DIRECTOR.

3.6.3 The Contract Monitor shall review on a monthly basis all statistical reports concerning

services provided under the terms of this Agreement.

3.6.4 The Contract Monitor shall regularly review the records and/or clinical materials of

clients receiving services pursuant to this Agreement.

3.6.5 The Contract Monitor shall review on a monthly basis the fiscal claims for

reimbursement and conduct from time to time on-site billing verification.

4. EXHIBITS

The following attached exhibits are incorporated herein by reference and constitute a part of

this agreement:

EXHIBIT A PROGRAM DESCRIPTION

EXHIBIT B PAYMENT PROVISIONS

EXHIBIT C BEHAVIORAL HEALTH COST REIMBURSEMENT INVOICE

EXHIBIT D CONFIDENTIALITY OF PATIENT INFORMATION

EXHIBIT E ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE

REHABILITATION ACT OF 1973, AS AMENDED

EXHIBIT F BUSINESS ASSOCIATE AGREEMENT

EXHIBIT G ASSURANCE OF COMPLIANCE WITH MONTEREY COUNTY'S

CULTURAL COMPETENCY POLICY

EXHIBIT H: COMPLIANCE WITH STATE ALCOHOL AND DRUG PROGRAM

REGULATIONS.

EXHIBIT I: INITIAL AUTHORIZATION FORM

EXHIBIT J: WEEKLY PROGRESS REPORT FORM

EXHIBIT K: RE-AUTHORIZATION FORM

EXHIBIT L: ADP BULLETIN ISSUE NO. 09-05 REQUIREMENTS TO ENSURE

ACCESS TO SERVICES FOR PERSONS WITH DISABILITIES

5. TERM OF AGREEMENT AND TERMINATION

5.1 The term of this Agreement shall commence on July 1, 2009 and shall continue in full force,

effect to, and including June 30, 2012 This Agreement is of no force or effect until signed by both

CONTRACTOR and COUNTY and with COUNTY signing last, and CONTRACTOR may not

commence work before COUNTY signs this Agreement.

5.2 The term of this Agreement shall remain in effect until terminated as provided below:

5.2.1 Termination. During the term of this Agreement, either party may terminate the

Agreement by giving written notice of termination to the other party at least thirty 30) days

before the effective date of termination. Such notice shall set forth the effective date of

termination. In the event of such termination, the amount payable under this Agreement shall

Sun Street Centers_AOD Agreement

FY 2009-12

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AUTHORIZE-U012

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PERCENT-U012

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FULLY EXECUTED AGREEMENT A-11+@S�be reduced in proportion to the services provided before the date of termination.

5.2.2 Termination for cause. COUNTY may cancel and terminate this Agreement for good

cause effective immediately upon written notice to CONTRACTOR. Good cause" includes

the failure of CONTRACTOR to perform the required services at the time and in the manner

provided under this Agreement. If COUNTY terminates this Agreement for good cause,

COUNTY may be relieved of the payment of any consideration to CONTRACTOR, and

COUNTY may proceed with the work in any manner that COUNTY deems proper. The cost

to COUNTY shall be deducted from any sum due the CONTRACTOR under this

Agreement.

5.2.3 Partial termination. If CONTRACTOR is partially funded by Non-Drug/Medi-Cal

funds and CONTRACTOR is unwilling or unable to continue that portion of the contract,

the contract shall remain in effect, provided however that the COUNTY may amend the

contract, with the written consent of the CONTRACTOR, as necessary and appropriate. In

like manner, if CONTRACTOR is partially funded based on Drug/Medi-Cal certification

and CONTRACTOR is expelled or suspended from Drug/Medi-Cal certification, the

contract shall remain in effect, provided however that the COUNTY may amend the

contract, with the written consent of the CONTRACTOR, as necessary and appropriate.

5.2.4 If CONTRACTOR loses State certification or license of their program.

5.3 Obligations upon 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, after termination, the following obligations shall remain in

effect:

5.3.1 CONTRACTOR shall, pursuant to this Agreement, 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;

5.3.2 COUNTY shall arrange for such transfer of treatment no later than sixty 60) days

after Agreement termination if the clients' treatment is not by then completed;

5.3.3 COUNTY, any payer, and CONTRACTOR will continue to remain obligated under

this contract with regard to charges and payments for covered services rendered prior to

termination or required to be rendered after termination as provided above, until such

obligations are discharged by full performance or until such performance is otherwise

excused;

5.3.4 CONTRACTOR will continue to remain obligated with respect to confidentiality and

transfer of patient records; and

5.3.5 CONTRACTOR will remain subject to any audit otherwise authorized or required by

this Agreement or by any State or Federal statute or regulations affecting this Agreement.

6. TERMINATIONS OR REDUCTION OF GOVERNMENT FUNDING

6.1 This Agreement is made with the understanding that the State or Federal Governments are

providing and will continue to provide funds to COUNTY so that COUNTY can make the payments

to CONTRACTOR under this contract. The funds identified for the fiscal years are subject to

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@S�increase or decrease dependent upon the availability of the appropriations by the State Legislature

and the Federal Government. Increases or decreases in the amount COUNTY allocates to the

CONTRACTOR as identified in Exhibit B will require a written amendment to this contract in

accordance with Section 20.

6.2 Notwithstanding any other provision of this Agreement, if the State or Federal Government

terminates or reduces its funding to the COUNTY for the client services that are to be provided

under this Agreement, then COUNTY may, after consultation with the CONTRACTOR, elect to

terminate this contract by giving written notice of such election to CONTRACTOR, effective

immediately or on such other date as COUNTY specifies in the notice. Alternatively, it is mutually

agreed that the contract may be amended to reflect any reduction in funding in Exhibit B, in

accordance with Section 20.

7. INDEPENDENT CONTRACTOR STATUS

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, retirement benefits, workers' compensation

coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to

pay directly all applicable taxes, including federal and state income taxes and social security, arising

out of CONTRACTOR's performance of this Agreement. In connection therewith CONTRACTOR

shall defend, indemnify, and hold COUNTY harmless from any and all liability, which COUNTY

may incur because of CONTRACTOR's failure to pay such taxes.

8. INDEMNIFICATIONS AND INSURANCE

8.1 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 attorney's 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.

8.2 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

8.2.1 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 Contactors, Products and

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@S�Completed Operations, with a combined single limit for Bodily Injury and Property Damage

of not less than one million dollars $1,000,000) per occurrence.

8.2.2 Business automobile liability insurance, covering all motor vehicles, including

owned, leased, non-owned, and hired vehicles, used in providing services under this

Agreement, with a combined single limit for Bodily Injury and property Damage of not less

than one million dollars $1,000,000) per occurrence.

8.2.3 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 one million dollars $1,000,000) each person,

one million dollars $1,000,000) each accident and one million dollars $1,000,000) each

disease.

8.2.4 Professional Liability Insurance. If required for the professional service being

provided, in the amount of not less than one million dollars $1,000,000) per claim and two

million dollars $2,000,000) in the aggregate, to cover liability for malpractice or errors or

omissions made in 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.

8.3 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.

8.3.1 Each liability policy shall provide that the COUNTY shall be given notice in writing at

least thirty days in advance of any change, cancellation, or non-renewal thereof. Each policy

shall provide coverage for CONTRACTOR additional insureds with respest to claims arising

from each subcontractor, if any, performing work under this Agreement, or be accompanied by

a certificate of insurance showing each subcontractor has identical insurance coverage to the

above requirements.

8.3.2 Commercial general liability and automobile liability policies shall provide an

endorsement naming the County of Monterey, its officers, agents, and employees as Additional

Insureds and shall further provide that such insurance is primary insurance to 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.

8.3.3 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

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@S�insurance within 5 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.

8.3.4 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 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.

9. NONDISCRIMINATION

9.1 During the performance of this Agreement, CONTRACTOR shall not unlawfully discriminate

against any person because of race, religion, color, national origin, ancestry, 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. Qualified applicants shall have an

equal opportunity for employment. CONTRACTOR shall insure that actions such as but not limited

to employment, upgrading, demotion, or transfer recruitment or recruitment advertising, layoff or

termination, rates of pay or other forms of compensation, career development opportunities, and

selection for training, including apprenticeship shall be free of discrimination. The evaluation and

treatment of its employees and applicants for employment and all persons receiving and requesting

services shall be 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.

9.2 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 other 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.

9.3 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 contract, 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 of discrimination, as

required by Chapter 2.80. Complaints of discrimination made by CONTRACTOR against the

COUNTY or by recipients of services against CONTRACTOR may be pursued using the

procedures established by Chapter 2.80. CONTRACTOR shall establish and follow its own written

procedures for the prompt and fair resolution of discrimination complaints made against

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@S�CONTRACTOR by its own employees and agents, and shall provide a copy of such procedures to

COUNTY on demand by COUNTY.

9.4 Written Assurances. CONTRACTOR shall have written assurances of compliance with the

Civil Rights Act of 1964 and/or the Rehabilitation Act of 1973 as may be required by the Federal

government in connection with this contract, pursuant to 45 CFR Sec. 80.4 or 45 CFR Sec. 84.5 or

other applicable State or Federal regulation. CONTRACTOR shall have a written assurance that their

treatment programs are accessible to people with disabilities. In addition, CONTRACTOR shall post

in conspicuous place notices available to all employee and clients for employment setting forth the

provisions of the Equal Opportunity Act.

9.5 Written Nondiscrimination Policy. CONTRACTOR shall maintain a written statement of its

nondiscrimination policies that shall be consistent with the terms of this Agreement. Such statement

shall be posted and also be available to employees, recipients of services, and members of the public,

upon request. In addition, the clients' rights statement provided by CONTRACTOR shall inform

recipients of services of CONTRACTOR'S nondiscrimination policies, including the right to file a

complaint alleging discrimination or a violation of civil rights, and the right to be free from sexual

harassment and prohibited sexual contact.

9.6 Notice to Labor Unions. CONTRACTOR shall give written notice of its obligations under

paragraphs 9.1 through 9.3 to labor organizations with which it has a collective bargaining or other

agreement.

9.7 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 agency providing funds for this Agreement 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 with these nondiscrimination provisions.

9.8 Binding on Subcontractors. The provisions of paragraphs 9.1 through 9.7 shall also apply to all

of CONTRACTOR's subcontractors. CONTRACTOR shall include the nondiscrimination and

compliance provisions of these paragraphs in all subcontracts to perform work or provide services

under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

10.1 The parties shall comply with all applicable Federal, State and local laws and regulations in

performing the work and providing the services specified in this Agreement.

10.2 CONTRACTOR shall comply with all the necessary COUNTY and State licensing

requirements and shall obtain appropriate licenses for mode of service and display the same in a public

location that is reasonably conspicuous. CONTRACTOR shall maintain applicable certification by the

State Department of Alcohol and Drug Programs for mode of service and comply with appropriate

COUNTY or State service standards.

10.3 Non-Drug/Medi-Cal Services: For services not funded by Drug/Medi-Cal, CONTRACTOR

shall comply with and establish written accounting procedures consistent with the following

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FULLY EXECUTED AGREEMENT A-11+@                     S�requirements and shall be held accountable for audit exceptions taken by the State against the

COUNTY or the CONTRACTOR for failure to comply with the following requirements:

 Health and Safety Code, Division 10.5;

 Title 9, California Code of Regulations CCR), Division 4; and specifically the

pertaining to the Substance Abuse and Crime Prevention Act Proposition 36):

Sections 9530(f)(k)(2), 9532(b)(l), 9535(e), 9545(a)(b)(d)(e)(g) and h);

 Government Code, Article 1.7, Federal Block Grants, Chapter 2, Part 2, Division 4,

Title 2, commencing at Section 16366.1;

 Government Code, Article 7, Federally Mandated Audits of Block Grant Funds

Allocated to Local Agencies, Chapter 1, Part 1, Division 2, Title 5, commencing at

Section 53130;

 Title 42, United State Code USC); Section 300x-5; Reports and Audits for Block

Grants;

 Block Grant Public Law 102-321 Title 42, USC, commencing at Section 1010];

 Block Grant Public Law 103-227 pro-Children Act of 1994];

 Block Grant Public Law 107-116;

 Single Audit Act of 1984 Public Law 98-502) and the Signal Audit Act

Amendments of 1996 Public Law 104-156) and corresponding OMB Circular A-133

Revised June 30, 1997); and

 Title 45 Code of Federal Regulations CFR), Part 84, Section 84.7 and Part 96

Subparts B, C, and L, Substance Abuse Prevention and Treatment Block Grant.

 Title 21 CFR, Part 291 Food and Drug Administration Requirements for Narcotic

Treatment Programs)

 Title 21 CFR, Part 1300 Drug Administration Requirements for Food and Drugs)

 State Administrative Manual, Chapter 7200

10.4 Drug/Medi-Cal Services. For services funded by Drug/Medi-Cal, CONTRACTOR shall be

licensed, registered, certified and approved as required by the appropriate agencies. 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, the following:

 Health and Safety Code HSC), Sections 11987.3 and 11987.5(b) and c) and Sections

1175 8.40 through 1175 8.47

 Welfare and Institutions Code W&IC), Chapter 7, Sections 14000, et seq., and

11987.5(b) and c) and Sections 11758.40 through 11758.47

 42 USC 1396(a)(30-33) and Title 42, Code of Federal Regulations, Sections 456.2

through 456.6 inclusive.

 Title 21 Code of Federal Regulations CFR) Parts 291 and 1300, et seq. And CCR, Title

9, Sections 10,000, et seq.;

 Title 22, California Code of Regulations, Sections 51341.1, 51490.1 and 51516.1;

 Title 9, CCR, Division 4 and Chapter 5, Sections 10500, et seq.;

 Drug Medi-Cal Certifications Standards for Substance Abuse Clinics;

 Standards for Drug Treatment Programs; and

 In instances where inconsistencies occur, the provisions of Title 22, California Code of

Sun Street Centers_AOD Agreement

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Page 9

 

 

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THROUGH-U012

JUNE-U012

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AUTHORIZE-U012

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FULLY EXECUTED AGREEMENT A-11+@

S�Regulations shall apply.

10.5 Assistance maybe sought from the State in the event of a dispute over the terms and conditions

of the County's contract in accordance with the Appeal Process" portion of the County's contract

with the State.

11. PERSONNEL

11.1 CONTRACTOR shall furnish such qualified and appropriate personnel as prescribed by Title 9

of the California Code of Regulations, for the type(s) of service(s) CONTRACTOR shall perform.

11.2 CONTRACTOR's professional personnel shall have and maintain in good standing the

appropriate State license for their given profession, and a copy of said current license shall be kept in

the employee personnel file.

11.3 CONTRACTOR shall insure that sufficient training is provided to its volunteer and paid staff,

to enable them to perform effectively on the project and to increase their existing level of skills.

Documentation of training shall be kept in personnel or volunteer files.

11.4 Sexual contact shall be prohibited between clients and the treatment program staff, including

the board of directors. CONTRACTOR shall include the policy prohibition as part of an overall

client's rights statement given the client at admission, and the service provider shall include a statement

in each employee personnel file noting that the employee has read and understood the sexual contact

prohibition. The policy shall remain in effect for two 2) years after a client is discharged from drug

abuse treatment services.

11.5 CONTRACTOR shall submit to the COUNTY evidence of compliance with the California

Drug-Free Workplace Act of 1990, Government Code sections 8350 et seq., which states that all

alcohol and/or drug program contractors of services receiving funds from and through the State

Department of Alcohol and Drug Programs provide an alcohol/drug-free workplace by doing all of the

following:

11.5.1 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 prohibition.

11.5.2 Establishing a drug-free awareness program to inform employees about all of the

following:

11.5.2.1 The dangers of drug abuse in the workplace.

11.5.2.2 The person's or organization's policy of maintaining a drug-free workplace.

11.5.2.3 Any available drug counseling, rehabilitation, and employee assistance

programs.

11.5.2.4 The penalties that may be imposed upon employees for drug abuse violations.

11.5.2.5 Requiring that each employee engaged in the performance of the contract 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

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@
S�statement.

11.6 CONTRACTOR shall not include any message on the responsible use, if the use is unlawful,

of drugs or alcohol in the provision of services under this Agreement.

11.7 CONTRACTOR shall require that smoking not be permitted in any portion of any indoor

facility used routinely or regularly for the provision of health, day care, early childhood development

services, education, or library services to children under the age of 18.

11.8 CONTRACTOR agrees that no part of any federal funds provided under this Agreement

will be used by CONTRACTOR to pay the salary of an individual in excess of $171,900 per year.

11.9 The parties mutually agree that no individual who leaves COUNTY employment and is

thereafter hired or retained by CONTRACTOR to perform services shall be permitted to perform any

services of any nature or kind under this Agreement or any other Agreement in which the COUNTY's

Behavioral Health Division and/or its various clients are involved without the specific prior written

consent of the COUNTY's Behavioral Health Director. Such consent shall be a matter that is entirely

within the discretion of the Behavioral Health Director to give or withhold. Non-compliance with this

contractual provision shall be deemed good cause for termination of the parties' Agreement under the

provisions of Section 5.2.2, hereinabove.

12. RECORDS AND REPORTS

12.1 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports

and records that may be required by federal, state, and County rules and regulations related to

services performed under this Agreement. CONTRACTOR shall maintain such records for a period

of at least three years after receipt of final payment under this Agreement. If any litigation, claim,

negotiation, audit exception, or other action, CONTRACTOR shall retain said records until such

action is resolved.

12.2 Access to and Audit of Records. The COUNTY shall have the right to examine, monitor,

and audit all records, documents, conditions, and activities of the CONTRACTOR and its

subcontractors related to services provided under this Agreement. Pursuant to Government Code

section 8546.7, if this Agreement involves the expenditure of public funds in excess of ten thousand

dollars $10,000), the parties to this Agreement may be subject, at the request of the COUNTY or as

part of any audit of the COUNTY, to the examination and audit of the State Auditor pertaining to

matters connected with the performance of this Agreement for a period of three 3) years after final

payment under the Agreement.

12.3 COUNTY Records. When this Agreement expires or terminates CONTRACTOR shall

return to COUNTY all COUNTY records, which CONTRACTOR utilized or received, from

COUNTY to perform services under this Agreement.

12.4 CONTRACTOR shall notify the COUNTY upon reaching 90% of its capacity to

admit individuals to the program.

12.5 The CONTRACTOR shall furnish all data and reports required to implement the Client Data

System established by the COUNTY. The CONTRACTOR shall submit input reports in the format

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FULLY EXECUTED AGREEMENT A-11+@

S�and timeliness prescribed by the COUNTY Alcohol and Drug Reporting Guidelines

12.6 Royalties and Inventions. COUNTY shall have a royalty-free, exclusive and irrevocable

license to reproduce, publish, and use, and authorize others to do so, all original computer programs,

writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature

produced in the course of or under this Agreement. CONTRACTOR shall not publish any such

material without the prior written approval of COUNTY.

13. CONFIDENTIALITY

13.1 CONTRACTOR shall maintain the confidentiality of its records, including billings and

computerized records, in accordance with all applicable state and federal laws and regulations

regarding confidentiality of participant records and information including but not limited to:

 Title 42, Code of Federal Regulations, Part 2, Sections 2.1 through 2.67, inclusive;

 Welfare and Institutions Code Sections 14100.2; Health and Safety Code, Division 10.5,

Section 11977; and

 Title 22, California Code of Regulations, Section 51009.

CONTRACTOR shall inform all its officers, employees, and agents providing services hereunder of

said confidentiality provisions.

13.2 Confidential medical or personal records and the identities of clients and complainants shall

not be disclosed unless there is proper consent to such disclosure or a court order requiring disclosure.

Confidential information gained by CONTRACTOR from access to any such records and from

contact with its clients and complainants shall be used by CONTRACTOR only in connection with its

conduct of the program under this Agreement. The COUNTY, through the Director of the Department

of Health, shall have access to such confidential information and records to the extent allowed by law

and such information and records to which COUNTY has access shall remain confidential and may be

disclosed only as permitted by law.

14. PARTICIPANT FEES/REVENUE GENERATION

14.1 Non-Drug/Medi-Cal Services. CONTRACTOR shall develop and implement fee assessment

and collection policies and procedures in compliance with Section 11991.5 of the California Health

and Safety Code. Client fee systems must conform to the following criteria:

14.1.1 The fee system must be equitable;

14.1.2 The fee charged must not exceed actual cost of service to the client;

14.1.3. The fee system must consider the client's income and expenses; and

14.1.4 The DIRECTOR must approve the fee system.

14.1.5 Services shall not be denied because of a client's ability or inability to pay.

14.2 Drug/Medi-Cal. CONTRACTOR charges no fees to Drug/Medi-Cal beneficiaries for access to

Drug/Medi-Cal services or for admission to a Drug/Medi-Cal treatment slot. Proof of eligibility shall

be accepted as payment in full for Drug/Medi-Cal services, except where share of cost co-payment)

requirements are noted through eligibility verification.

15. AUDITS

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FULLY EXECUTED AGREEMENT A-11+@

S�15.1 CONTRACTOR shall provide two 2) copies of their audited financial statements within one

hundred eighty 180) days after the end of the COUNTY fiscal year, or close of the Contract period if

shorter, unless such requirement is waived by written notice by DIRECTOR. CONTRACTOR shall

conduct and submit to the DIRECTOR a copy of a certified independent audit of all expenses pursuant

to this Agreement in accordance with generally accepted accounting principles, and instructions

provided by COUNTY.

15.2 Providers receiving more than $500,000 in federal alcohol and drug funding are subject to the

Office of Management and Budget OMB) Circular A-133 entitled Audits of Institutions of Higher

Education and Other Nonprofit Institutions".

15.3 Any and all audit exceptions or disallowances by any COUNTY, state or federal agency

resulting from an audit of the performance of this Agreement, or action by CONTRACTOR, its

officers, agents and employees shall be the sole responsibility of the CONTRACTOR.

CONTRACTOR agrees to develop and implement any corrective action plans in a manner

acceptable to the COUNTY in order to comply with recommendations contained in the audit report.

Such corrective action plans shall include time specific objectives to allow for measurement of

progress.

15.4 If results of any audit indicate that the funds paid to CONTRACTOR under this Agreement

exceeded the allowable amounts, 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 thereof by offsets made by COUNTY against any

payments owed to CONTRACTOR under this or any other contract.

15.5 All expenditures of state and federal funds furnished by COUNTY are subject to audit by

COUNTY. Such audits shall build upon audits already performed. Objectives of such audits may

include, but not be limited to, the following:

15.5.1 To determine whether units of service claimed/reported are properly documented by

service records and accurately accumulated for claiming/reporting;

15.5.2 To validate data reported by CONTRACTOR for prospective contract negotiations;

15.5.3 To provide technical assistance in addressing current year activities and providing

recommendations on internal controls, accounting procedures, financial records and

compliance with laws and regulations;

15.5.4 To determine the cost of services, net of related patient and participation fees, third

party payments, and other related revenues and funds;

15.5.5 To determine that expenditures are made in accordance with applicable federal and

state laws and regulations and contract requirements; and/or

15.5.6 To determine the facts in relation to analysis of data, complaints, or allegations, which

may be indicative of fraud, abuse, willful misrepresentation, or failure to achieve contract

objectives.

15.6 CONTRACTOR agrees to maintain and retain all appropriate service and financial records for

a period of at least 3) three years after the end of each fiscal year or until any audit findings are

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FULLY EXECUTED AGREEMENT A-11+@S�resolved, whichever is later.

15.7 Subject to state and federal confidentiality requirements, CONTRACTOR agrees to furnish

duly authorized representatives from state, federal or COUNTY government access to patient and/or

client records necessary to review or audit contract services and to disclose all financial transactions

that pertain to the subject services.

15.8 If this contract involves the expenditure of public funds in excess of $10,000, the contracting

parties shall be subject to the examination and audit of the State Auditor for the State of California

for a period of three 3) years after final payment under the contract, as required by Government

Code Section 8546.7. The examination and audit shall be confined to those matters connected with

the performance of the contract, including, but not limited to, the costs of administering the contract.

16. ANNUAL COST REPORT

16.1 For each fiscal year, or portion thereof, that this Agreement is in effect, CONTRACTOR shall

provide to the COUNTY one original and two copies of an annual cost report within sixty 60) days

following the close of each fiscal year. Such cost report shall be prepared in accordance with generally

accepted accounting principles and cost report forms and instructions provided by COUNTY.

16.2 If this Agreement is terminated or canceled prior to June 30th of any year, the annual cost

report shall be for that Agreement period which ends on the termination or cancellation date, and two

copies of such report shall be submitted to the COUNTY within sixty 60) days after such termination

or cancellation date.

16.3 If, as a result of the Cost Report, any discrepancy is found between the total allowable net costs

paid to the CONTRACTOR on its monthly claims and the total allowable net costs that should have

been reported for the same period of time, 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 Sate of California. As an alternative or

supplemental remedy, the COUNTY may elect to recover all or 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.

17. POLITICAL ACTIVITIES PROHIBITED

None of the funds provided directly under this Agreement shall be used for any political

activities or to further the election or defeat of any candidate for public office.

18. UNION ORGANIZING

18.1 CONTRACTOR will not assist, promote or deter union organizing by employees performing

work on a state service contract, including a public works contract.

18.2 No state funds received under this contract will be used to assist, promote or deter union

organizing.

18.3 CONTRACTOR will not, for any business conducted under this Agreement, use any state

property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist,

promote or deter union organizing unless the state property is equally available to the general public

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FULLY EXECUTED AGREEMENT A-11+@S�for holding meetings.

18.4 If CONTRACTOR incurs cost, or makes expenditures to assist, promote or deter union

organizing, CONTRACTOR will maintain records sufficient to show that no reimbursement from

state funds has been sought for these costs, and CONTRACTOR shall provide those records to the

Attorney General upon request.

19. DELEGATION AND ASSIGNMENT

CONTRACTOR may not delegate its duties and/or assign its rights hereunder, either in whole

or in part, without the prior written consent of the COUNTY, and any assignment without such

consent shall automatically terminate this Agreement. Any delegation and/or assignments submitted

to the COUNTY for review and approval shall be in the form of a subcontract.

20. NOTICES

Notices to the parties in connection with this Agreement may be given personally or by regular

mail addressed as follows:

COUNTY OF MONTEREY CONTRACTOR

Wayne W. Clark, Ph.D. Anna Foglia

Behavioral Health Director Executive Director

Department of Health, Behavioral Health Division Sun Street Centers

1270 Natividad Road. Room 200 P.O. Box 4007, Salinas, CA

93912

Salinas, CA 93906-3198 831) 753-5156

21. AMENDMENT

21.1 No alteration, variation, or amendment to the terms of this Agreement shall be valid unless

made in writing and signed by the parties hereto.

21.2 Both COUNTY and CONTRACTOR may agree to amend or re-negotiate the contract. A

written contract amendment will be required to change allocated amounts for each fiscal year of the

contract.

21.3 A contract amendment may be submitted at any time during the fiscal year by mutual written

agreement of the parties. An amendment proposed by one party shall be forwarded in writing to the

other party.

21.4 A response accepting or rejecting the amendment will be made by either party in writing within

thirty 30) days of receiving a request for an amendment.

21.5 In the event of changes in the law that affect provisions of this Agreement, the parties agree to

amend the affected contract provisions to conform to the changes in the law retroactive to the effective

date of such changes in the law. The parties further agree that the terms of this Agreement are

severable and in the event of changes in the law as described above, the unaffected provisions and

obligations of the Agreement will remain in full force and effect.

22. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS

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FULLY EXECUTED AGREEMENT A-11+@S�To the greatest extent possible, all equipment and products purchased with the funds made

available through this contract should be American made.

23. USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED

SUBSTANCES

None of the funds made available through this Agreement may be used for any activity that

promotes the legalization of any drug or other substance included in Schedule 1 of Section 203 of the

controlled substance Act 21 USC 812).

24. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES

No funds made available through this Agreement shall be used to carry out any program of

distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

25. HEALTH INSURANCE AND PORTABILITY AND ACCOUNTABILITY ACT

If any of the work performed under this Agreement is subject to the Health Insurance

Portability Act of 1996, Public Law 104-191 HIPPA), then CONTRACTOR shall perform the work

in compliance with all applicable provisions of HIPPA. CONTRACTOR and COUNTY will

cooperate to determine what if an, may be impacted by HIPPA and amend this agreement if needed to

assure compliance with HIPPA.

26. AGREEMENT PREPARATION

This Agreement has been arrived at through negotiation and neither party is to be deemed

the party that prepared this Agreement within the meaning of Civil Code Section 1654.

27. MISCELLANEOUS PROVISIONS

27.1 Conflict of Interest. CONTRACTOR represents that it presently has no interest and shall not

acquire any interest during the term of this Agreement which would directly or indirectly conflict in

any manner or to any degree with the full and complete performance of the professional services

required to be rendered under this Agreement.

27.2 Amendment. This Agreement may be amended or modified only by an instrument in writing

signed by the COUNTY and the CONTRACTOR.

27.3 Waiver. Any waiver of any terms and conditions hereof must be in writing and signed by

the County and the CONTRACTOR. A waiver of any of the terms and conditions hereof shall not

be construed as a waiver of any other terms or conditions in this Agreement.

27.4 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.

27.5 Disputes. CONTRACTOR shall continue to perform under this Agreement during any

dispute.

27.6 Assignment and Subcontracting. CONTRACTOR shall not assign, sell, or otherwise transfer

its interest or obligations in this Agreement without the prior written consent of the COUNTY.

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FULLY EXECUTED AGREEMENT A-11+@S�None of the services covered by this Agreement shall be subcontracted without the prior written

approval of the COUNTY. Notwithstanding any such subcontract, CONTRACTOR shall continue

to be liable for the performance of all requirements of this Agreement.

27.7 Successors and Assigns. This Agreement and the rights, privileges, duties and obligations of

the COUNTY and CONTRACTOR under this Agreement, to the extent assignable or delegable,

shall be binding upon and insure to the benefit of the parties and their respective successors,

permitted assigns and heirs.

27.8 Headings. The section and paragraph headings are for convenience only and shall not be

used to interpret the terms of this Agreement.

27.9 Time is of the essence. Time is of the essence in each and all of the provisions of this

Agreement.

27.10 Governing Law. This Agreement shall be governed by and interpreted under the laws of the

State of California.

27.11 Non-exclusive agreement. This Agreement is non-exclusive and both COUNTY and

CONTRACTOR expressly reserve the right to contract with other entities for the same or similar

services.

27.12 Construction of Agreement. The COUNTY and CONTRACTOR 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 to this Agreement.

27.13 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.

27.14 Authority. An individual executing this Agreement on behalf of the COUNTY or the

CONTRACTOR 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 party to the terms and conditions of this

Agreement.

27.15 Integration. This Agreement, including the exhibits, represents the entire Agreement between

the COUNTY and the CONTRACTOR with respect to the subject matter of this Agreement and

shall supersede all prior negotiations, representations, or agreements, either written or oral, between

the COUNTY and the CONTRACTOR as of the effective date of this Agreement, which is the date

the COUNTY signs the Agreement.

27.16 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between

the provision of this Agreement and the provisions of any exhibit or other attachment to this

Agreement, the provisions of this Agreement shall prevail and control.

28. CONCLUSION

This Agreement together with all exhibits attached hereto and incorporated by reference,

shall represent the entire and integrated Agreement between the COUNTY and CONTRACTOR

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FULLY EXECUTED AGREEMENT A-11+@S�and shall supersede all prior negotiations, representations, or agreements, either written or oral,

between the parties with respect to the subject matter of this Agreement as of the effective date

hereof.

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FULLY EXECUTED AGREEMENT A-11+@S�IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement as of the

day and year last written below.

COUNTY OF MONTEREY

By:

Date:

By:

Date:

By:

Date:

rovisio

Gary Giboney, Autditor/C

Date: RISK MANAGEM

2

County Counsel

iltrolle

NT

COUNTY OF MONTEREY

Approved as A PF6Qk E iA6sTO INDEMNITY/

IN U NCE LAN AGE

By:

SteNWauck, sk Management

Date: Date: li   75

Approved as to Content

By:

Date:

Len F er, irector of, Health

 

 

Stacy L. Sahtta,

I/I)"t. li~

Cy/

Wayne Clark, Behavioral Health Director

6611,416 C-'y

By:

Date:

Date:

CONTRACTOR

Sun Street Centers

Contractor*

INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and nonprofit corporations, the full legal name of

the corporation shall be set forth above together with 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 an officer who

has authority to execute this Agreement on behalf of the partnership.

If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the business, if any, and shall

personally sign the Agreement

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FULLY EXECUTED AGREEMENT A-11+@S�SUN STREET CENTERS, INC.

PROGRAM S) DESCRIPTION S) AND OBJECTIVES

PROGRAM 1: RESIDENTIAL RECOVERY HOME SERVICES

Program Location

8 Sun Street

Salinas, CA 93901

831) 753-5145

Hours of Operation

Services are provided on a 24-hour 7-day a week basis. The Guestroom is located at 8 Sun Street and

is accessible through the Center office.

Program Description

CONTRACTOR is a social model" Recovery Home for men. Residential service currently

comprises four 4) Guestroom" beds and thirty-four 34) beds for a total of thirty-eight 38)

beds for residents in the primary stage of recovery. CONTRACTOR is licensed and certified

for fifty-four 54) beds by the California Department of Alcohol and Drug Programs.

Participation in the program is limited by current license to men, 18 years and older.

In general, the following services are provided:

1. Outreach to potential residents and follow-up to former residents;

2. Access to bed and personal area in a dorm setting;

3. Resident government based on planned interaction and problem-solving;

4. Consultation on recovery planning and ancillary needs;

5. Scheduled meetings, meals, and transportation;

6. Support to new residents providing opportunities to bolster recovery; and

7. Aid to the client, and, community by teaching new values for communal living.

Assessment and Referral

Individuals requesting admission to the Residential Recovery Home Services program may

have an assessment completed by the Behavioral Health Division assessment staff or

program may complete an intake assessment for self-referred clients. Upon completion of

the assessment, access to the program will be made by a referral from the Behavioral Health

Division for funded services only.

For individuals who have a stated desire to recover from alcohol or drug problems, but do

not meet the eligibility criteria for acceptance or continued participation in the primary

residential recovery program, CONTRACTOR provides extended" assessment and/or

referral services in its recovery home setting. Individuals provided this service are

considered guests" and include, under certain conditions, some which may be intoxicated or

abstinent from alcohol or mood-altering drugs for less than seventy-two 72) hours.

Service Objectives

1. A minimum of 8,304 residential beds days will be provided. A Residential Day is defined as a

calendar day, which is marked as having the client's control of the bed during an overnight

period.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 2 0

 

 

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40018-U01

FULLY-U02

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OF-U012

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IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

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30,-U012

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@S�2. At the time of departure from primary recovery, 50% of the residents will be abstinent, self-

supporting able to provide themselves with food, shelter, and clothing) and involved in an on-

going program of recovery.

3. At the time of departure from the guestroom, 60% of the residents will be referred to on-going

recovery services.

Target Population

The Center is designed for men, 18 years and older who are in need of residential alcohol

and/or drug treatment services. The program's mission is to target its services toward the

individual seeking recovery as well as his environment, which includes family, significant

others, employers, and the general community.

Criteria for Primary Recovery Service Delivery

1. Program participation is voluntary.

2. To participate in the residential program, persons must have stated that they have an alcohol or

drug problem, and a stated desire to live an alcohol and drug free life; and

a. Be physically and mentally capable of assuming full responsibility for their own

decisions and actions in relation to their recovery; and

b. Abstain from alcohol and mood altering drugs, with the exception of prescribed

medications which are deemed to be conducive to on-going recovery; and

c. Be free from communicable diseases, which require reporting by Title 17, California

Administrative Code, Section 2500.

3. Persons are eligible for admission only twice in any twelve-month period and are subject to

CONTRACTOR's Readmission Policies."

4. To be admitted persons must be free of alcohol and mood-altering drugs for seventy-two 72)

hours prior to admission to the program, except for allowances under 2b above.

5. No person shall be admitted who, on the basis of staff judgment:

a. Exhibits, or has exhibited, behavior dangerous to residents, staff or others; or

b. Requires an immediate medical evaluation or professional care.

6. An applicant may be admitted to the Guestroom when further assessment is needed; the

applicant is not able to make an immediate decision about future plans or is intoxicated.

7. For all participants, access to the primary recovery service can only be made by a referral from

the Behavioral Health Division for Behavioral Health funded services only.

Fees

The program is expected to augment COUNTY funding through the generation of participant fees. The

program will develop and maintain a multi-tiered fee scale to be approved by the County Behavioral

Services Director. Services will not be denied because of an individual's inability to pay.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 21

 

 

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PROVISION-U012

OF-U012

ALCOHOL-U012

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IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@S�PROGRAM 2: RESIDENTIAL RECOVERY HOME SERVICES  PROPOSITION 36

Program Location

8 Sun Street

Salinas, CA 93901

831) 753-5145

Service Delivery Site and Hours of Operation

Services are provided on a 24-hour 7-day a week basis. The Guestroom is located at 8 Sun Street and

is accessible through the Center office.

Program Description

CONTRACTOR is a social model" Recovery Home for men. Residential service currently

comprises two 2) Guestroom" beds and fourteen 14) beds in the Primary Recovery

Program for a total of sixteen 16) beds for residents in the primary stage of recovery. The

Center is licensed and certified for fifty-four 54) beds by the California Department of

Alcohol and Drug Programs. Participation in the program is limited by current license to

men, 18 years and older.

In general, the following services are provided:

1. Outreach to potential residents and follow-up to former residents;

2. Access to bed and personal area in a dorm setting;

3. Resident government based on planned interaction and problem-solving;

4. Consultation on recovery planning and ancillary needs;

5. Scheduled Center meetings, meals, and transportation;

6. Support to new residents providing opportunities bolster recovery; and

7. Aid to the client, and, community by teaching new values for communal living.

Assessment and Referral

Individuals requesting admission to the Residential Recovery Home Services-Proposition

Prop 36 program must have an assessment completed by the Behavioral Health Division

assessment staff. Upon completion of the assessment, access to the program will be made by

a referral from the Proposition 36 Behavioral Health Division Assessment Staff who will

provide an Initial Authorization Form See Exhibit I).

For individuals who have a stated desire to recover from alcohol or drug problems, but do

not or may not meet the eligibility criteria for acceptance or continued participation in the

primary residential recovery program, CONTRACTOR provides extended" assessment

and/or referral services in its recovery home setting. Persons who will be provided this

service are considered guests" and include, under certain conditions, some, which may be

intoxicated or abstinent from alcohol or mood-altering drugs for less than seventy-two 72)

hours.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 22

 

 

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MCKEES-U10

7/13/2009-U011

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ALCOHOL-U012

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TREATMENT-U012

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AGREEMENT-U012

SUN-U012

STREET-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

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OR-U012

RESULT-U012

IN-U012

AN-U012

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TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@S�With rare exception, persons who are in an extended" assessment and/or referral period will

be housed in the Guestroom. Residents and alumni provide on-site" support with general

supervision by CONTRACTOR. This involvement of residents and alumni in the

Guestroom is for their recovery. This approach of learning by sharing" is considered an

integral part of the overall residential recovery service.

Service Objectives

1. A minimum of 4,100 residential beds days will be provided. A Residential Day is defined as a

calendar day, which is marked as the client having control of the bed during an overnight

period

1. At the time of departure from primary recovery, 50% of the residents will be abstinent, self-

supporting able to provide themselves with food, shelter, and clothing) and involved in an on-

going program of recovery.

2. At the time of departure from the guestroom, 60% of the residents will be referred to on-going

recovery services.

3. A total of approximately 54 clients will be served each fiscal year for a period of up to 91 days

per client.

Target Population

The program serves men referred by the Court and approved by the Behavioral Health Division

Assessment Team under the Proposition 36 standards. The Center is designed for men, 18 and older

who are in need of residential alcohol and/or drug treatment services. The program's mission is to

target its services toward the individual seeking recovery as well as his environment, which includes

family, significant others, employers, and the general community.

Criteria for Primary Recovery Service Delivery

1. Program participation is based on the Monterey County Proposition 36 Standards.

2. To participate in the residential program, persons must have stated that they have an alcohol or

drug problem, and a stated desire to live an alcohol and drug free life, and

a. Be physically and mentally capable of assuming full responsibility for their own

decisions and actions in relation to their recovery; and

b. Abstain from alcohol and mood altering drugs, with the exception of prescribed

medications which are deemed to be conducive to on-going recovery; and

c. Be free from communicable diseases, which require reporting by Title 17, California

Administrative Code, and Section 2500.

3. Persons are eligible for admission only twice in any twelve-month period and are subject to

CONTRACTOR's Readmission Policies."

4. To be admitted an individual must be free of alcohol and mood-altering drugs for seventy-two

72) hours prior to admission to the program, except for allowances under 2b above.

5. No person shall be admitted who, on the basis of staff judgment:

a. Exhibits, or has exhibited, behavior dangerous to residents, staff or others; or

Sun Street Centers_AOD Agreement

FY 2009-12

Page 23

 

 

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

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HEALTH-U012

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AMENDMENTS-U012

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PERCENT-U012

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OR-U012

RESULT-U012

IN-U012

AN-U012

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TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@S�b. Requires an immediate medical evaluation or professional care.

6. An applicant may be admitted to the Guestroom when further assessment is needed, or the

applicant is not able to make an immediate decision about future plans or is intoxicated.

7. For all participants, access to the primary recovery services can only be made by a referral from

a Proposition 36 Behavioral Health Division assessment staff.

Fees Non-Drug/Medi-Cal Services)

Proposition 36 fees collected will be used to offset COUNTY dollars paid to the

CONTRACTOR.

Drug treatment programs in which clients are placed shall assess fees toward the cost of

treatment based on their determination of a client's ability to pay in accordance with Section

11991.5 of the Health and Safety Code. Such fees shall be deducted from the drug treatment

program's cost of providing services in accordance with Health and Safety Code Section

11987.9. COUNTY shall pay the drug treatment program the remaining cost of providing

services in accordance with either the actual cost of the service or the negotiated rate

method, as specified in Section 11987.5 of the Health and Safety Code. The program will

develop and maintain a fee system approved by the County Behavioral Health Director.

Services will not be denied because of an individual's inability to pay.

PROGRAM 3: RESIDENTIAL GUEST ROOM AND TREATMENT SERVICES FOR

THE HOMELESS WITH DUAL DIAGNOSIS

Program Location

8 Sun Street

Salinas, CA 93901

831) 753-5145

Hours of Operation

Services are provided on a 24-hour 7-day a week basis. The Guestroom is accessible through the Sun

Street Center's office.

Program Description

CONTRACTOR is a social model" Recovery Home for men. Residential service currently

comprises forty six 46) beds for residents in the primary stage of recovery. CONTRACTOR

is licensed and certified for fifty-four 54) beds by the California Department of Alcohol and

Drug Programs. Participation in the program is limited by current license to men, 18 years

and older are:

1. Residential Recovery Home Homeless Dual Diagnosis

CONTRACTOR will provide three 3) diagnosis stabilization beds, which will

provide substance abuse detoxification and supportive mental health services, with

active consultation and support from the COUNTY's Integrated Treatment Project

Team, including a project psychiatrist, benefits counselor and psychiatric social.

General services include:

a. Access to bed and personal area in a dorm setting;

Sun Street Centers_AOD Agreement

FY 2009-12

Page 24

 

 

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OF-U012

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OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

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JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

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B.-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@S�b. Resident government based planned interaction and problem-solving;

c. Consultation on recovery planning and ancillary needs;

d. Scheduled meetings, meals, and transportation;

e. Support to new residents providing opportunities to bolster recovery; and

f. Aid to the client, and, community by teaching new values for communal living.

2. Homeless Dual Diagnosis Case Management Counselors

One 1) full time out reach counselor to serve portions of Salinas and the Monterey Peninsula

under the direct supervision of COUNTY in cooperation with CONTRACTOR and part-time

5) outreach counselor to service portions of Salinas and South Monterey County under the

supervision of CONTRACTOR. Duties include the following:

a. Outreach to potential residents and follow-up to former residents;

b. Coordinate with COUNTY's Integrated Treatment Project Team to connect clients

with mental health, and alcohol and other drug services;

c. Develop and circulate information sheets describing Homeless Grant services for South

County service providers and other public organizations;

d. Provide clients with referrals and information regarding local 12-Step meetings and

process needed to follow to connect with a sponsor;

e. Develop materials for resources and referrals particular to the needs of clients

f. Establish partnerships in assigned cities to develop strategies to benefit the target

population;

g. Provide alcohol and other drug education;

h. Provide transportation for potential clients to the Sun Street Center Guestroom;

i. Provide ongoing case management; and

j. Provide reports to COUNTY, as requested by COUNTY's Integrated Treatment

Project Team.

As clients become sufficiently stable to enter other residential programs, COUNTY staff will identify

referrals and assist clients with placement. If the preferred services are not available, COUNTY staff

will work closely with CONTRACTOR to continue providing needed mental health and substance

abuse services.

Assessment and Referral

Individuals requesting admission to the Residential Guestroom and Treatment Services for

the Homeless with Dual Diagnosis program may have an assessment completed by the

Behavioral Health Division assessment staff or program may complete an intake assessment

for self-referred clients. For those persons who have a stated desire to recover from alcohol

or drug problems, but who do not meet the eligibility criteria for acceptance or continued

participation in the primary residential recovery program, CONTRACTOR will provide

extended" assessment and/or referral services in its recovery home setting. Persons who will

be provided this service are considered guests" and include, under certain conditions, some,

which may be intoxicated or abstinent from alcohol or mood-altering drugs for less than

Sun Street Centers_AOD Agreement

FY 2009-12

Page 25

 

 

BIB]

 

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FULLY-U02

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ANNUAL-U012

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OF-U012

$1,578,476-U012

A-U012

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OF-U012

$4,735,428-U012

PERIOD-U012

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2009-U012

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NET-U012

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FULLY EXECUTED AGREEMENT A-11+@S�seventy-two 72) hours.

Service Objectives

This program emphasizes service provisions to clients with serious and severe substance

abuse disorders with the goal that, at the time of departure from primary treatment and

recovery, 50% of the residents will be abstinent and involved in an on-going program of

treatment and recovery. The following services will be utilized to fulfill the service

objectives:

1. A minimum of 290 Guestroom residential beds days will be provided. A residential Guestroom

is defined as a calendar day, which is marked as the client having control of the bed during an

overnight period.

2. A full time substance abuse specialist will be available to provide full time ongoing substance

abuse counseling services and case management as well as work with the SAMHSA homeless

team.

Target Population

Chronically homeless men and their families residing in Monterey County who have co-occurring

mental illness and substance abuse disorders, such as post-traumatic stress disorder PTSD), severe

depression, anxiety disorders, and other debilitating mental illness that do not, as yet, meet medical

necessity criteria.

Chronically homeless is defined as a single individual, or family, who either has been continuously

homeless for one 1) year or has had at least four 4) episodes of homelessness over the last three 3)

years.

Criteria for Guestroom Bed Service Delivery

1. For all participants, access to the Guestroom bed program service must have advance

authorization by the Behavioral Health Division or in cases of self referral, the client must have

scored a 7 or above on the Severity Index.

2. Program participation is voluntary.

3. To participate in the Guestroom bed program service, clients must have stated that they have

an alcohol or drug problem, and a stated desire to live an alcohol and drug free life.

4. Clients are eligible for admission only twice in any twelve-month period and are subject to

CONTRACTOR's Readmission Policies."

5. No person shall be admitted who, on the basis of staff judgment:

a. Exhibits, or has exhibited, behavior dangerous to residents, staff or others; or

b. Requires an immediate medical evaluation or professional care.

6. An applicant may be admitted to the Guestroom when further assessment is needed or the

applicant is not able to make an immediate decision about future plans, or is intoxicated.

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FULLY EXECUTED AGREEMENT A-11+@S�PROGRAM 4: PREVENTION

Program Locations

Gente del Sol SeaRina Center South County Recovery Center

5 Williams Road 1760 Fremont Blvd 200 Broadway Suite 80

Salinas, CA 93905 Seaside, CA 93955 King City. CA 93930

831) 753-5150 831) 899-6577 831) 385-0991

Program Description

A non-residential Community Recovery and Resource Center CRRC) is a community-based

program providing services to persons affected by alcohol and/or other drug related problems.

CRRC programs and services are based on the belief that alcohol and other drug problems result

from the reciprocal interactions among individuals, families, the community and the social

environment. Therefore, the following programs and services are offered at the three Community

Recovery and Resource Centers.

Gente del Sol Community and Recovery Center offers; the Parents Creating Solutions/Padres

Creando Solucions training and education series, Safe Teens Empowerment Project, Drop-In peer to

peer prevention assessment, community support groups, resources and advocacy for community

members, alcohol and drug prevention training, Alcohol Availability Task Force meetings,

community group meeting room, Preventing Alcohol Related Trauma in Salinas Prevention

Coalition, Family Empowerment Program, Responsible Beverage Service Trainings and Special

Events Trainings. All services are in English and Spanish.

SeaRina Community and Recovery Center offers; Drop-In peer to peer prevention assessment,

community support groups, Seaside Prevention Coalition, community meeting rooms, community

support groups, resources and advocacy for community members, education and training on alcohol

and drug prevention, neighborhood empowerment training and Responsible Beverage Service

Trainings and Special Event trainings. All services are in English and Spanish.

South County Recovery Center offers; Drop-in peer to peer prevention assessment, community

support groups, King City Prevention Coalition, community meeting rooms, resources and advocacy

for community members, education and training on alcohol and drug prevention, Responsible

Beverage Service training and Special Events trainings. All services are in English and Spanish.

Service Objectives

Prevention will address the six areas of prevention outlined in federal regulations:

1. Information Dissemination;

2. Education;

3. Alternative Activities;

4. Problem Identification and Referral;

5. Community Based Process; and

6. Environmental Strategies.

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FULLY EXECUTED AGREEMENT A-11+@S�A variety of support groups held at the three CRRC's include; Alcoholic Anonymous,

Cocaine Anonymous, Sex and Love Addicts Anonymous, Women in Recovery and

Alanon. Services are offered during and after work hours. All services are in English and

Spanish. Measurable goals for each strategy in the areas served South County, Salinas,

and the Peninsula) are contained in the Strategic Plan for FY 2007-2012 provided by the

Behavioral Health Division. A minimum of 6,828, staff hours of prevention will be

provided.

Sun Street will provide data, including progress on prevention goals and objectives to the

County as requested and/or required to meet ADP/CaIOMS data reporting requirements.

Prevention Services FY2009-10:

Due to a Request for Proposal RFP) that will take place for Prevention Services, In FY 2009-10,

Prevention Services will be paid for a period of 6 months July 1, 2009-December 31, 2009). After

this time, funding will be reviewed and reassessed based upon the outcome of the RFP.

PROGRAM 5: PUEBLO DEL MAR

Program Location

3043 MacArthur

Marina, CA 93933

831) 753-6009

Program Description

Pueblo del Mar is a transitional housing recovery community located in Fort Ord. This program is

explained in detail in the grant provided by Housing and Urban Development HUD) for the facilities

of the Housing Authority of Monterey County HAMC), an MOU among HAMC, the Monterey

County Health Department MCHD), and the Monterey County Department of Social Services DSS),

and in the contract for services pursuant to this grant between HAMC and the MCHD. These program

descriptions are considered instructive for the purposes of this contract

CONTRACTOR will develop and maintain a recovery community at Pueblo del Mar and coordinate

the provision of recovery support services and activities to resident families. The Housing Authority of

Monterey County HAMC) provides housing in 52 two-bedroom units. The Pueblo del Mar program

operates under a social model of recovery that uses community values and practices to shape and

sustain individual behavior. This is achieved through small group interaction and adherence to

community recovery norms expressed in covenants. Recovery support services such as employment

training, childcare, life skills training, and 12-Step meetings will be delivered by community agencies

and coordinated by CONTRACTOR. Participants may remain up to eighteen 18) months in the

program and under certain conditions may be extended an additional six 6) months.

Target Population

The program is available to homeless families that are Temporary Aid to Needy Families TANF)

recipients, or families that qualify as low-income workers, or parents in the process of being reunited

with their children. One or both parents must demonstrate completion of a primary recovery program

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FULLY EXECUTED AGREEMENT A-11+@S�for alcohol or drug addiction, continuous involvement in a 12-step program, and a minimum of ninety

90) days of abstinence from alcohol or drugs. A screening committee and HAMC must approve

families.

Description of Services

Staff serves, encourages, advocates, supports and coordinates as opposed to commands and controls.

The purpose is to move the population from dependence to independence by:

1. Community Support Activities provided under this contract are:

a. Development and maintenance of a Community Covenant among all resident families

that governs behaviors.

b. Development and maintenance of Community Council, which administers the Covenant

that includes processes for conflict resolution.

c. Advocacy for resident needs and support for personal and community empowerment.

2. Case Coordination Services provided under this contract are:

a. Development of Family Recovery Plans that are maintained by each family with

assistance from staff; such plans outline objectives and tasks for improving family

members' legal, familial, vocational, financial, social, recreational, and spiritual areas of

life.

b. Referral and follow-up to sources of medical, financial, vocational, legal, educational,

and peer support assistance necessary for personal recovery.

c. Negotiation with other agency case managers is provided as needed to achieve a

workable balance of demands on individuals so that barriers to recovery are diminished.

3. The following Recovery Support Services will be provided and/or coordinated:

a. Meetings of mutual self-help groups such as Narcotics Anonymous, Alcoholics

Anonymous, Cocaine Anonymous, and other 12-step programs;

b. Life skills training provided by the Adult School, CSUMB and other agencies;

c. Resident-run cooperative childcare;

d. Child-care and parent training available through Children Services International;

e. Sheltered employment training available with DSS One-Stop;

f. Transportation available through the Monterey-Salinas Transit Co;

g. Recreational activities for youth;

h. Individual and community safety training by Marina Police.

4. Activities for Outside Community Support under this contract are:

a. Public information services about Pueblo Del Mar.

b. Linkages with the Housing Authority, the Department of Social Services Agency, and

Behavioral Health, to facilitate appropriate referrals to program services.

c. Outside community activities, including networking and coordination with providers of

human services, neighborhood groups, the recovering community, business and civic

groups to encourage and facilitate involvement to assist individuals and families in

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FULLY EXECUTED AGREEMENT A-11+@S�recovery.

d. Fund raising projects and grants seeking to provide for service and facility

augmentation.

Service Objectives

As used in this contract, a family recovery support day" is defined as a calendar day, which is marked

by a Family's residence in Pueblo del Mar. For reporting purposes, a residence day" will be recorded

for each family that has use of a unit by a tenant's lease at 6:00 p.m. of each calendar day. The number

of family recovery support days" provided under this contract is contingent upon the actions of

HAMC and DSES. HAMC is responsible for the provision of up to fifty-two 52) residential units.

Minimal occupancy will be forty 40) families. The estimated minimum annual number of Family

Recovery Support Days is 14,603 365 days times 40 families).

Program Objectives

1. 50% of the participants will remain alcohol and drug free and complete the program.

2. 65% of the participants who complete the program will transition to permanent housing.

3. 10% of the participants who complete the program will be independent of welfare.

4. 71 % of the participants who are in the program will become employed at least part-time,

or re-enter school or job training within one year of admission

5. 50% of participants will increase household income by 10% or more.

6. 75 % of participants will participate in Community Council Activities.

7. Sun Street Centers will provide Behavioral Health Staff a report summarizing program

objectives including goal attainment.

PROGRAM 6: OUTPATIENT RECOVERY SERVICES PROGRAM

Program Locations

517 South Main Street 3043 MacArthur

Salinas, CA 93901 Marina, CA 93933

831) 753-6001 831) 753-6001

Service Delivery and Hours of Operation

The program will operate from 8:00 A. M. to 7:00 P. M. Monday through Friday. Recovery

Support services are scheduled in 2 to 3 hour modules in the morning and the evening.

Program Description

CONTRACTOR will operate and maintain an outpatient drug-free program offering both State-

certified Drug/Medi-Cal and Non Drug/Medi-Cal services in accordance with applicable State and

Federal laws. This program will provide recovery support for perinatal and parenting women and

parenting men. A person's length of stay in the program is dependent upon the nature of presenting

problems, history of abuse/addiction, and ongoing review of medical necessity criteria.

The client attends two 2) to three 3) times weekly and the service the client receives is based on

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$1,578,476-U012

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$4,735,428-U012

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FULLY EXECUTED AGREEMENT A-11+@S�individualized recovery goals. Duration of the recovery support program averages four 4) months.

The program will offer group-counseling sessions designed to focus on problem-recognition, self-

esteem enhancement, interpersonal skill building, recovery management, stress management, and

relapse prevention. Parenting issues and needs will also be addressed in groups centering on

parenting-skills, child growth and development, home management, nutrition, bonding, and

effective discipline.

Assessment and Referral

Individuals requesting admission to the Outpatient Program Recovery program must have an

assessment completed by the Behavioral Health Division assessment staff. Upon completion

of the assessment, access to the program will be made by a referral from the Behavioral

Health Division Assessment Staff who will provide an Initial Authorization Form See

Exhibit I).

Admission shall not be denied on the basis of race, color, religion, sex, sexual orientation, age,

national origin or disability. The above shall not preclude the program from emphasizing services for

specific populations. For each individual participant, including family members or significant others,

involvement with alcohol, drugs, or alcohol/drug related problems should be the primary criteria for

participation. All participation shall be voluntary. All participants shall be physically and mentally

capable of assuming full responsibility for their own decisions and actions in relation to recovery from

alcohol and drug misuse while in the program. No individual shall be admitted who, on the basis of

staff judgment, exhibits behavior dangerous to the staff or others. Non-residential locations are

handicapped accessible. Visually and hearing impaired participants are welcome and interpreters will

be utilized as needed.

Access to the program will be for eligible women and men referred by the Behavioral Health

Division assessment staff. In general these will be women and men who are also involved

with the Probation Department, Drug Court, or Department of Social Services Ca1WORKS

programs. Many of these women and men are without custody of their children but are

working toward reunification with their children and need to address their alcohol and/or

drug abuse.

Service Objectives: The Program will provide:

1. An estimated: 107 parenting individual face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients from the Drug Court.

2. An estimated: 944 parenting group face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients from the Drug Court.

3. An estimated: 451 parenting individual face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients that are indigent.

4. An estimated: 3,493 parenting group face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients that are indigent.

5. An estimated: 239 DSES parenting individual face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients.

6. An estimated: 910 DSES parenting group face-to-face outpatient visits will be provided to

continuously enrolled Non-Drug/Medi-Cal eligible clients.

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$1,578,476-U012

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TOTAL-U012

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$4,735,428-U012

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FULLY EXECUTED AGREEMENT A-11+@ S�7. An estimated: 100 parenting individual face-to-face outpatient visits will be provided to

continuously enrolled Drug/Medi-Cal eligible clients.

8. An estimated: 569 parenting group face-to-face outpatient visits will be provided to

continuously enrolled Drug/Medi-Cal eligible clients.

Fees

The program is expected to augment COUNTY funding through the generation of participant fees. The

program will develop and maintain a multi-tiered fee scale to be approved by the County Behavioral

Services Director. Services will not be denied because of an individual's inability to pay.

PROGRAM 7: HIGH INTENSITY OUTPATIENT PROPOSITION 36

Program Location

Recovery Services

517 South Main Street

Salinas, CA 93901

831) 753-6001

Program Description

In FY 2008-09, CONTRACTOR will provide non-residential recovery education and support

services for approximately 55 men and women referred to the Proposition 36 program in Salinas.

These services are designed for individuals who do no require the close support of a residential

setting. The program offers up to 26 group sessions and 6 individual sessions designed to focus on

problem-recognition, self-esteem enhancement, interpersonal skill building, recovery management,

and stress management. Educational and vocational issues will be addressed in recovery planning

sessions to include eliminating alcohol/drug use; eliminating further criminal justice system

involvement; obtain stable employment and/or increase vocational/educational knowledge and

skills; obtain stable housing; maintain a clean and sober social support network; address health and

mental health needs; address family issues when appropriate; address any outstanding legal issues.

Drug Testing

Drug Testing will be randomly conducted on participants as required by the Proposition 36

Standards. Clients will submit to a minimum of two 2) drug tests during the duration of the

program.

Assessment and Referral

Individuals requesting admission to the High Intensity Outpatient Prop 36 program must

have an assessment completed by the Behavioral Health Division assessment staff. Upon

completion of the assessment, access to the program will be made by a referral from the

Proposition 36 Behavioral Health Division Assessment Staff who will provide an Initial

Authorization Form See Exhibit I).

Fees Non-Drug/Medi-Cal Services)

Proposition 36 fees collected will be used to offset COUNTY dollars paid to the

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@!S�CONTRACTOR.

Drug treatment programs in which clients are placed shall assess fees toward the cost of treatment

based on their determination of a client's ability to pay in accordance with Section 11991.5 of the

Health and Safety Code. Such fees shall be deducted from the drug treatment program's cost of

providing services in accordance with Health and Safety Code Section 11987.9. The County shall

pay the drug treatment program the remaining cost of providing services from the County trust fund,

in accordance with either the actual cost of the service or the negotiated rate method, as specified in

Section 11987.5 of the Health and Safety Code. The program will develop and maintain a fee

system approved by the County of Monterey Health Department Behavioral Health Director.

Services will not be denied due to an individual's inability to pay.

Service Objectives

1. Provide an estimated 276 Individual face-to-face sessions.

2. Provide an estimated 1,329 group sessions.

3. Provide an estimated 401 drug tests

PROGRAM 8: RESEARCH AND MARKETING

With the prior approval of the Monterey County Behavioral Health Director, CONTRACTOR

agrees to:

1. Facilitate Programs that will include the topics of cultural competence, clinical

supervision, assessment of substance abuse issues, or any other programs recommended

by the Monterey County Behavioral Health Director.

2. Education Committee:

a. Facilitate Board of Behavioral Sciences Examiners approved continuing education

programs for Behavioral Health professional staff and contractors.

b. Facilitate alcohol and drug counselor training to meet the TAP 21 addiction counseling

competencies.

c. Facilitate alcohol and drug services education, technical assistance and/or consultation.

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@"S�Proposition 36 Programs:

Extension of Services

Contractor may request from the designated BH Contract Monitor an extension of services of up to

30 days for any enrolled Perinatal Residential or Perinatal Residential Prop 36 client who is in need

of additional services. Contractor will submit a Request for Reauthorization form via fax to

designated BH staff for review and approval for extension of services Refer to Exhibit K).

Proposition 36 and Drug Court Programs:

Weekly Progress Report

To effectively track and coordinate client referrals and services, Contractor will submit a weekly

progress report for each Proposition 36 and Drug Treatment Court client that is scheduled to attend

court for that particular week to the Proposition 36 and Drug Treatment Court Behavioral Health

Staff Refer to Exhibit J).

DEPARTMENT OF ALCHOL AND DRUG PROGRAMS YOUTH TREATMENT

GUIDELINES

Contractors providing youth treatment services shall comply with the requirements for youth

programs as contained in Youth Treatment Guidelines 2002" until such time new Youth Treatment

Guidelines are established and adopted.

The Youth Treatment Guidelines may be found on the California Alcohol and Drug Program

Website: http://www.adp.ca.gov/RC/PDF/8566.pdf

PERINATAL, CAL OMS DATA AND CAL OMS PREVENTION PROGRAM

REQUIREMENTS:

Contractors providing alcohol and drug treatment and/or prevention services shall fully participate

in the California Outcome Measurement System Ca1OMS) data collection and submission process

and shall meet the timelines as established by the County.

Contractors providing Perinatal Program services shall comply with the requirements for perinatal

programs as contained in Perinatal Services Network Guidelines 2004" until such time new

Perinatal Services Network Guidelines are established and adopted.

The Perinatal Services Network Guidelines may be found on the California Alcohol and Drug

Program Website: http://www.adp.ca.gov/perinatal/pdf/guidelines 04.pdf

Debarment and Suspensions

As required by Executive Order 12549, Debarment and Suspension, certain contracts shall not be

made to parties listed on the nonprocurement portion of the General Services Administration's List

of Parties Excluded from Federal Procurement or Nonprocurement Programs" Executive Order

12549 and 12689). The applicant certifies that it and its principals: a) are not presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered

transactions by any Federal Department of agency; b) have not within a three year period preceding

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@#S�this application been convicted of or had a civil judgement rendered against them for commission of

fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a

public Federal, State or Local) transaction or contract under a public transaction; violation of

Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,

falsification, or destruction of records, making false statements, or receiving stolen property; c) are

not presently indicted for or otherwise criminally or civilly charged by a governmental entity

Federal, State, or Local) with commission of any of the offenses enumerated in paragraph 15)(b)

of this certification' and d) have not within a three-year period preceding this application had one

or more public transactions Federal, State or Local) terminated for cause or default' and Where the

applicant is unable to certify any of the statements in this certification, he/she shall attach an

explanation to this agreement.

DESIGNATED CONTRACT MONITOR

Robert Jackson, Senior Psychiatric Social Worker

1441 Constitution Blvd.

Salinas, CA 93906

831) 755-6367

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@$S�EXHIBIT B

PAYMENT PROVISIONS

PAYMENT TYPE

Cost Reimbursed up to the Maximum Contract Amount.

Non-Drug/Medi-Cal

1. COUNTY shall pay CONTRACTOR for services rendered to eligible participants and to the

community, which fall within the general services described in Exhibit A. The rate for Non-

Drug/Medi-Cal client services that are not co-located with Drug/Medi-Cal client services

shall be a negotiated rate based upon the estimated revenue and units of service. The rate for

Non-Drug/Medi-Cal client services that are co-located with Drug/Medi-Cal client services

shall be an interim rate based upon the Drug/Medi-Cal Statewide Maximum Allowance

SMA) adjusted for County administrative cost except that Program 3 Residential Recovery

Home Homeless Dual Diagnosis shall be a negotiated rate based on the Homeless Grant. At

the end of each fiscal-year COUNTY may make adjustment to the negotiated rate in

accordance with the procedures set forth in Section 16 of this Agreement.

2. Subject to the cost adjustment described in Section 16, COUNTY shall compensate

CONTRACTOR in the following manner:

a. For Programs 1, 4 and 5, CONTRACTOR shall bill COUNTY one- twelfth of the annual

amount, monthly, in advance, on the Monthly Service Level Report and Exhibit C.

COUNTY shall review actual bed day utilization rate for fixed rate reimbursement programs

on a quarterly basis and adjust reimbursement to the CONTRACTOR accordingly. At the

end of each fiscal year, COUNTY may make adjustments to the negotiated rate in

accordance with the procedures set forth in Section 16 of this Agreement.

b. For Program 2, Prop 36 funded residential program, CONTRACTOR shall bill COUNTY

one-twelfth of the annual amount, monthly, in advance, and client fees must be subtracted

from the monthly advance payment and reported on the Monthly Services Level and Invoice

Report, Exhibit C. COUNTY shall review actual bed day utilization rate for fixed rate

reimbursement programs on a quarterly basis and adjust reimbursement to the

CONTRACTOR accordingly. Subsequent advance payment will be adjusted to offset the

fees collected.

c. For Program 3 Residential Recovery Home Homeless Dual Diagnosis, CONTRACTOR

shall bill COUNTY one-twelfth of the annual amount, monthly, in advance, on the Monthly

Service Level Report and Exhibit C. COUNTY shall review actual bed day utilization rate

for fixed rate reimbursement programs on a quarterly basis and adjust reimbursement to the

CONTRACTOR accordingly. At the end of each fiscal year, COUNTY may make

adjustments to the negotiated rate in accordance with the procedures set forth in Section 16

of this Agreement.

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@%S�d. For Program 3  Homeless Dual Diagnosis Case Management Counselor, CONTRACTOR

shall bill COUNTY monthly, in arrears, based on the actual cost incurred for the counselor

that month.

e. For Proposition 36 funded outpatient programs within Programs 6 and 7, client fees must be

subtracted from the monthly Total of Units times Rate, and reported on the Monthly

Services Level and Exhibit C. Subsequent payments will be adjusted to offset the fees

collected.

f. For Program 8, CONTRACTOR shall submit a claim to COUNTY for all actual expenses

incurred on the Monthly Service Level Report and Exhibit C. Reimbursed will be made in

arrears based on actual costs. The CONTRACTOR is responsible for maintaining a file of

original documentation that supports the claim.

g. CONTRACTOR shall develop a fee schedule in accordance with Section 14. Billings shall

be presented to COUNTY promptly after the close of each calendar month, as required in the

County Alcohol and Drug Reporting Guidelines.

3. COUNTY shall pay CONTRACTOR the following negotiated rates for the following programs:

Program 4: Prevention Services: Due to a Request for Proposal RFP) that will take place for Prevention

Services, In FY 2009-10, Prevention Services will be paid for a period of 6 months July 1, 2009-December

31, 2009) at an amount not to exceed $215,920. After this 6 month period, funding will be reviewed and

reassessed based upon the outcome of the RFP.

 

Program Number and Title FY 2009-12

Contracted

Units of Service

Per Service FY2009-12

 

Rate

Per Yr.) FY 2009-10

 

Program

Total* FY 2010-11

 

Program

Total* FY 2011-12

 

Program

Total*

1 Residential Recovery Home 8,304 $ 58.50 $ 485,785 $ 485,785 $ 485,785

2 Residential Recovery Home Proposition 36 4,100 $ 58.50 $ 239,889 $ 239,889 $ 239,889

3 Res Recovery Home Homeless Dual Diagnosis 290 $ 58.50 $ 17,002 $ 17,002 $ 17,002

3 Homeless Dual Diagnosis Case Management Counselors N/A $ 50,452 $ 50,452 $ 50,452

4 Prevention Community Recovery Centers) 6,828 N/A $ 215,920 $ 215,920 $ 215,920

5 Pueblo Del Mar 14,603 $ 19.43 $ 283,742 $ 283,742 $ 283,742

6 Drug Court Parenting Outpatient Individual

Counseling 107 $ 63.74 $ 6,820 $ 6,820 $ 6,820

6 Drug Court Parenting Outpatient Group Counseling 947 $ 26.73 $ 25,313 $ 25,313 $ 25,313

6 Indigent Parenting Outpatient Individual Counseling 451 $ 63.74 $ 28,747 $ 28,747 $ 28,747

6 Indigent ParentinOutpatient Group Counseling 3,493 $ 26.73 $ 93,368 $ 93,368 $ 93,368

6 DSES Outpatient Individual Counseling 239 $ 63.74 $ 15,234 $ 15,234 $ 15,234

6 DSES Outpatient Group Counseling 910 $ 26.73 $ 24,324 $ 24,324 $ 24,324

7 Prop 36 Parenting Outpatient Individual Counseling 276 $ 63.74 $ 17,593 $ 17,593 $ 17,593

7 Prop 36 Parenting Outpatient Group Counseling 1,329 $ 24.07 $ 31,990 $ 31,990 $ 31,990

7 Proposition 36 Drug Testing 401 $ 35.00 $ 14,035 $ 14,035 $ 14,035

8 Research and Advertisement $ 6,679 $ 6,679 $ 6,679

 Sub-Total $1,556,893 $1556,893 $ 1,556,893

4.

COUNTY may withhold claims for payment to CONTRACTOR for delinquent amounts due

to COUNTY as determined by a Cost Report or audit report settlement resulting from this or

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FULLY EXECUTED AGREEMENT A-11+@&S�prior years' Agreement(s). CONTRACTOR agrees to reimburse COUNTY for any Federal,

State or COUNTY audit exceptions resulting from noncompliance herein on the part of

CONTRACTOR or any subcontractor.

Drug/Medi-Cal

1. COUNTY shall pay CONTRACTOR for services rendered to eligible participants and to the

community, which fall within the general services described in Exhibit A. The rate for

Drug/Medi-Cal client services shall be an interim rate based upon the estimated cost and

units of service. At the end of each fiscal year, COUNTY shall make adjustment for actual

cost in accordance with the procedures set forth in Section 16 of this Agreement. Subject to

the cost adjustment described in Section 16, COUNTY shall compensate CONTRACTOR in

the following manner:

2. CONTRACTOR shall bill COUNTY monthly, in arrears, on the Monthly Service Level

Report and Invoice, Exhibit C. CONTRACTOR must subtract client co-payments from the

monthly payment reported on the Monthly Services Level and Invoice Report, Exhibit C

Billings shall be presented to COUNTY promptly after the close of each calendar month.

3. COUNTY shall pay the CONTRACTOR the rate times the number of units of perinatal and

parenting services actually provided. The individual and group rates shall be equal to the

Medi-Cal Rates published annually by the State Department of Alcohol and Drug Programs

as shown below:

 FY 2009-12 FY 2009-12  

 

Program

Units*

Rate FY 2009-10 FY 2010-11 FY 2011-12

 

Per Yr)

Per Yr.) Totals* Totals* Totals*

6 Outpatient Parenting Individual Counseling 100 $ 63.74 $ 6,374 $ 6,374 $ 6,374

6 Outpatient Parenting Group Counseling 569 $ 26.73 $ 15,209 $ 15,209 $ 15,209

 Sub-Total $ 21,583 $ 21,583 $ 21,583

 * Displayed amounts are rounded

4. The DIRECTOR may withhold claims for payment to CONTRACTOR for delinquent amounts

due to COUNTY as determined by a Drug/Medi-Cal Disallowance Report, Cost Report or Audit

Report settlement resulting from this or prior years' Agreement(s). CONTRACTOR agrees to

reimburse COUNTY for any Federal, State or COUNTY audit exceptions resulting from

noncompliance herein on the part of CONTRACTOR or any subcontractor.

5. 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 $4,735,428 for services rendered under this

Agreement.

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FULLY EXECUTED AGREEMENT A-11+@'S�SUN STREET CENTERS: AOD Agreement FYs 2009-12

 

FY 2009-10 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,578,476

FY 2010-11 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,578,476

FY 2011-12 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,578,476

TOTAL AGREEMENT MAXIMUM LIABILITY $ 4,735,428

B.

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.

C. 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.

D. COUNTY may withhold claims for payment to CONTRACTOR for delinquent amounts

due to COUNTY as determined by a Cost Report or audit report settlement resulting from

this or prior years' Agreement(s). CONTRACTOR agrees to reimburse COUNTY for any

Federal, State or COUNTY audit exceptions resulting from noncompliance herein on the

part of CONTRACTOR or any subcontractor.

E. Prohibition on Duplicate Billing

In no event shall CONTRACTOR bill COUNTY for a portion of service costs for which

CONTRACTOR has been or will be reimbursed from other contracts, grants or sources.

F. Time for Filing Final Claim

CONTRACTOR's final claim for any payment under this contract must be filed not later

than ninety 90) calendar days after the date on which this contract terminates. No claim

submitted by CONTRACTOR after such time will be accepted or paid by COUNTY.

G. Certification and Payment of Claim by COUNTY

COUNTY shall promptly certify CONTRACTOR's claim either in the requested amount

or in such other amount as COUNTY approves in conformity with this Agreement.

COUNTY will compare the CONTRACTOR claimed amount against the COUNTY

authorized amount by mode, service function, fund source and number of units of

service. COUNTY shall then submit such certified claim to the COUNTY Auditor. The

Auditor shall pay the claim in the amount certified by COUNTY within 30 days.

H. Disputed Payment Amount

If COUNTY certifies for payment a lesser amount than the amount requested, COUNTY

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FULLY EXECUTED AGREEMENT A-11+@(S�shall immediately notify CONTRACTOR in writing of such certification and shall

specify the reason for the modification. If CONTRACTOR desires to contest the

certification, CONTRACTOR must submit a written notice of protest to COUNTY

within twenty 20) days after CONTRACTOR's receipt of the COUNTY's 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 dispute until the parties have met

and attempted to resolve the dispute in person.

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

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FULLY EXECUTED AGREEMENT A-11+@)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

SUN STREET CENTERS

Business Name of Contractor

Anna Foglia

Signature ofAuthorized Representative

Name of Authorized Representative printed)

7-1  / Executive Director

Date Title of Authorized Representative

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FULLY EXECUTED AGREEMENT A-11+@*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.  Employs fewer than fifteen persons;

B. Employs fifteen or more persons, and pursuant to Section 84.7(a) of the Regulations

45 C.F.R. 84.7a), has designated the following person(s) to coordinate its efforts to

comply with the HHS regulations.

C.

Contractor's Business Name: Sun Street Centers

Name of Contractor's Designee: Anna Foglia

Title of Designee: Executive Director

Street: P.O. Box 4007

City: Salinas  State: CA Zip: 93912

IRS Employer Identification Number: 

I certify that the above information is complete and correct to the best of my knowledge and belief.

 

Si ature of Contractor: Date: I I

I certify that the above information is complete and correct to the best of my knowledge and belief.

Date

Sun Street Centers_AOD Agreement

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FULLY EXECUTED AGREEMENT A-11+@+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.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 43

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

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MG75341-U03

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7/24/2009-U04

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$1,578,476-U012

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$4,735,428-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@,S� Offer services in Spanish and other necessary languages such as Tagalog) for at least

50% of all services.

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 be 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:

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.

Sun Street Centers_AOD Agreement

FY 2009-12

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$1,578,476-U012

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$4,735,428-U012

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FULLY EXECUTED AGREEMENT A-11+@-S�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.

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.

Sun Street Centers

Business Name of Contractor

Anna Foglia

Signature ofAithorized Representative Name of Authorized Representative printed)

Executive Director

Date Title of Authorized Representative

Sun Street Centers_AOD Agreement

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IN-U012

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$1,578,476-U012

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$4,735,428-U012

PERIOD-U012

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1,-U012

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FULLY EXECUTED AGREEMENT A-11+@.S�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 SUN

STREET CENTERS 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 United States Congress has enacted the American Recovery and Reinvestment

Act of 2009 ARRA"), which amends HIPAA and 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, as amended by ARRA, 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, as amended by ARRA, and California law and to protect the interests of

both Parties.

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FULLY EXECUTED AGREEMENT A-11+@/S�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

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

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FULLY EXECUTED AGREEMENT A-11+@0S�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:

1) 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, the HIPAA Privacy Rule, as

amended by ARRA, or under California law, 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.

M. 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 Service Agreement immediately if Covered Entity determines that

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DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

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STREET-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

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NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@1S�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.

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

Sun Street Centers_AOD Agreement

FY 2009-12

Page 49

 

 

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FULLY EXECUTED AGREEMENT A-11+@2S�Business Associate Agreement that fully complies with the HIPAA Privacy Rule and California

law.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year

written above.

COVERED ENTITY: BUSINESS ASSOCIATE:

COUNTY OF MONTEREY /~ SUN STREET CENTERS

Title: Director of Health Title: Executive Director

Date:

Date: y L/~

Sun Street Centers_AOD Agreement

FY 2009-12

Page 50

 

 

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$1,578,476-U012

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$4,735,428-U012

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@3S�EXHIBIT H: COMPLIANCE WITH STATE ALCOHOL AND DRUG PROGRAM

REGULATIONS

The parties shall comply with all applicable State Alcohol and Drug Program laws and regulations

in performing the work and providing the services specified in this Agreement including the

following:

1. Contractor shall fully participate in the California Outcome Measurement CaIOMS) for

treatment services; the Drug and Alcohol Treatment Access Report DATAR), and any other data

collection systems required by the County or the State Department of Alcohol and Drug Programs.

2. Contractor shall adhere to the Computer Software Copyright laws: CONTRACTOR

certifies that it has appropriate systems and controls in place to ensure that state or federal funds

available under this Contract will not be used for the acquisition, operation, or maintenance of

computer software in violation of copyright laws. Reference: Executive Order D-10-99 and

Department of General Services Management Memo 00-02).

3. Child Support Compliance Act

CONTRACTOR acknowledges that it:

A. Recognizes the importance of child and family support obligations and shall comply fully

with all applicable state and federal laws, relating to child and family support enforcement,

including but not limited to, disclosure of information and compliance with earning assignment

orders, as provided in Chapter 8 commencing with Section 5200) of Part 5 of Division 9 of the

California Family Code; and,

B. To the best of its knowledge, if fully complying with the earnings assignment orders of all

employees and is providing the names of all new employees to the New Hire Registry maintained

by the California Employment Development Department.

4. Domestic Partners Act

Pursuant to the Public Contract Code 10295.3, no state agency may enter into any contract

executed or amended after January 1, 2007, for the acquisition of goods or services in the amount of

$100,000 or more with a contractor, who, in the provision of benefits, discriminates between

employees with spouses and employees with domestic partners, or discriminates between domestic

partners and spouses of those employees.

5. IV Drug Use Treatment

CONTRACTOR shall ensure that all individuals in need of IVDU treatment shall be

encouraged to undergo AOD Treatment 42 USC 300x-23(b) of PHS Act).

6. Tuberculosis TB) Treatment

CONTRACTOR shall ensure that following related to Tuberculosis TB)

A. Routinely makes available TB services to each individual receiving treatment for alcohol

and other drug use and/or abuse;

B. Reduce barriers to patients' accepting TB treatment; and,

C. Develop strategies to improve follow-up monitoring, particularly after patients leave

treatment, by disseminating information through educational bulletins and technical assistance.

Sun Street Centers_AOD Agreement

FY 2009-12

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PROVISION-U012

OF-U012

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DRUG-U012

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ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@4S�7. Limited English Proficiency

To ensure equal access to quality care by diverse populations, the provider shall:

A. Promote and support the attitudes, behaviors, knowledge, and skills necessary for staff to

work respectfully and effectively with clients and each other in a culturally diverse work

environment.

B. Have a comprehensive management strategy to address culturally and linguistically

appropriate services, including strategic goals, plans, policies, procedures, and designated staff

responsible for implementation.

C. Develop and implement a strategy to recruit, retain and promote qualified, diverse and

culturally competent administrative, clinical and support staff that are trained and qualifies to

address the needs of the racial and ethnic communities being served.

D. Require and arrange for ongoing education and training for administrative clinical, and

support staff in culturally and linguistic competent service delivery.

E. Provide all clients with limited English Proficiency access to bilingual staff or interpretation

services.

F. Provide oral and written notices, including translated signage at key points of contact, to

clients, in their primary language informing them of their right to receive no-cost interpreter

services.

G. Translate and make available signage and commonly-used written client educational

material and other materials for members of the predominant language group in the area.

H. Ensure that interpreters and bilingual staff can demonstrate bilingual proficiency and

receive training that includes the skills and ethics of interpreting, and knowledge in both languages

of the terms and concepts relative to clinical on non-clinical encounters. Family or friends are not

considered adequate substitutes because they actually lack these abilities.

1. Ensure that the clients' primary spoken language and self identifies race/ethnicity are

included in the providers' management information system as well as any clients records used by

provider staff.

8. Counselor Certification

Any individual providing intake, assessment of need for services, treatment or recovery

planning, individual or group counseling to participants, patients, or residents in an ADP licensed or

certified program is required to be certified as defined in CCR, Title 9, Division 4, Chapter 8.

9. Force Majeure

Neither party shall be responsible for delays or failures in performance resulting from acts

beyond the control of the offending party. Such acts shall include but not be limited to acts of God,

fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, fright, embargo,

public related utility, or governmental statutes or regulations super-imposed after the fact. If a delay

or failure in performance by the CONTRACTOR arises out of default of its Subcontractor, and if

such default of such Subcontractor arises out of causes beyond the control of both the

CONTRACTOR and Subcontractor, and without fault or negligence of either of them, the

CONTRACTOR shall not be liable for damages of such delay or failure, unless the supplies or

services to be furnished by the Subcontractor were obtainable from other sources in sufficient time

to permit the CONTRACTOR to meet the required performance schedule.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 52

 

 

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OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@5S�Dissemination of these Provisions. CONTRACTOR shall inform all its officers, employees,

agents, and subcontractors providing services hereunder of the State's Alcohol and Drug Program

Regulations.

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.

SUN STREET CENTERS

Business Name of Contractor

Anna Foglia

Signature of At1tjorized Representative Name of Authorized Representative printed)

Date

Executive Director

Title of Authorized Representative

Sun Street Centers_AOD Agreement

FY 2009-12

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FULLY EXECUTED AGREEMENT A-11+@6S�Client Name: Medi-Cal  Home Telephone:

 Yes No

Address:  Work Telephone:

City, State, Zip: 

DOB: Social Security #: Probation/Parole Officer circle) Defense Attorney

  

  Telephone # Telephone #

List children with gender & ages: CPS/Children's Support Status

 

Preferred Language: Appointment Date/Time: Staff Completing Assessment

FINANCIAL EMPLOYMENT

Gross Monthly Income $ Primary Source Circle One) If Employed Insurance

SSI SSI/SSD CaIWORKS SDI Other Yes No

Number of Persons Dependent on Income:

Exhibit I: Monterey County Behavioral Health Division Prop 36 Mental Health Plan Initial

Authorization

150 Cayuga Street, Suite 7, Salinas 93901 Voice 831) 796-3025 Fax 831) 796-3036

DIAGNOSIS

Axis I: Code: Axis I: Code:

Axis I: Code: Axis II: Code:

Axis III:

Code/s: Axis IV: Axis V: Current Year

Average in Past Year

Presenting Problem/Treatment Focus:

Measurable Goal: 1) No use of illegal drugs or alcohol. 2) Complete ALL program intake appointments. Do NOT miss any

appointments. 3) Attend and Complete substance use treatment program. 4) Comply with all program requirements. 5) Attend

NA/AA as directed by probationiparole or treatment program. 6) Obtain a sponsor and complete 12-Step work. 7) Comply with all

terms of probation/parole. 8) Follow any medical recommendations.

9) Contact your probation/parole officer and Behavioral Health psychiatric social worker IMMEDIATELY if you stop attending the

treatment program.

Note: Your signature on this document indicates your awareness that this form will be provided to Monterey County Behavioral Health and

Contracted Service Providers

Nota: El hecho de firmar este documento indica que Ud. ha dado su permiso para compartir este documento con el Departamento de Salud

Mental y Conducta del Condado de Monterey y tambien Proveedores de Servicio Contratados

Client Signature: Date:

Client Name

Client Record Number

CONFIDENTIAL CLIENT INFORMATION. SEE CALIFORNIA WELFARE & INSTITUTIONS CODE SECTION 5328

Page 1 of 2 04/2009

Sun Street Centers_AOD Agreement

FY 2009-12

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PROVISION-U012

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ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

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FUTURE-U012

AMENDMENTS-U012

UP-U012

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RESULT-U012

IN-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@7S�

Authorization for Recovery Programs  Effective Date to

Authorizing Staff Printed Name Signature

Date Faxed to Provider:

Community Human Services Door to Hope 0 Outpatient 130 W. Gabilan Street 758-

0 Narcotic Tx, 1083 S. Main St., Salinas, CA 0181

Phone 424-4828 fax 424.5838 0 Residential, 165 Clay St., Salinas

0 Genesis House 0 Genesis Perinatal Phone 758-0181 fax 758-5127

 Nueva Esperanza, 325 California St., Salinas

1152 Sonoma, Seaside, CA Phone 899-2436 fax 899-7405 Phone 758-0181 fax 758-5127

0 PEI Co-Occurring Disorder Outpatient Program 0 PEI Co-Occurring Disorder Outpatient Program

Sun Street Centers Valley Health Associates 0 OFR 0 CW

0 Residential, 8 Sun St, Salinas, 753-5145 fax 753-6007 0 Narcotic Treatment 338 Monterey St., Salinas

0 Recovery Service Programs, 517 South Main St. Site 102 Phone 424-6655 fax 424-9717

Phone 753- 6001 Fax 753-5169 0 Other:

0 Pueblo Del Mar, 3044 Kwajalein Ct., Marina, CA Phone

Phone 582-9461 fax 582-9476

 Address

0 Methamphetamine Grant

 

0 Outpatient Services

0 Residential Services

0 SLE Services

Authorization for Proposition 36  Effective Date 1 I to I I

Authorizing Staff Printed Name Signature

Date Faxed to Provider:

Sun Street Centers Door to Hope

0 Residential, 8 Sun St, Salinas, CA 753-5145 fax 753-6007 0 Residential 165 Clay Street, Salinas, CA 758-0181 fax 758-5127

0 Recovery Service Program Outpatient) 753-6001 fax 753-5169

0 Regular 0 Perinatal 0 Outpatient Prop 36, 130 Church St, Salinas

0 Pueblo Del Mar, CA 753-6009 fax 582.9476 758-0181 fax 758-5127

 0 PEI Co-Occurring Disorder Outpatient Program

Community Human Services Valley Health Associates

0 Genesis House 899-2436 fax 899-7405 0 Outpatient 338 Monterey St, Salinas, CA 424-6655 fax 424-9717

0 Genesis Perinatal 899-2436 fax 899-7405 0 Narcotic Treatment 424-6655 fax 424-9717

0 Narcotic Treatment Off Main Clinic)

424.4828 fax 424-5838

0 PEI Co-Occurring Disorder Outpatient Program

Note: Your signature on this document indicates your awareness that this form will be provided to

Monterey County Behavioral Health and Contracted Service Providers

Nota: El hecho de firmar este documento indica que Ud. ha dado su permiso para compartir este documento

con el Departamento de Salud Mental y Conducta del Condado de Monterey y tambien Proveedores de Servicio

Contratados

Client Signature: Date

Client Name

Client Record Number

CONFIDENTIAL CLIENT INFORMATION SEE CALIFORNIA WELFARE & INSTITUTIONS CODE SECTION 5328

Monterey County Behavioral Health Division Mental Health Plan Initial Authorization

150 Cayuga Street, Suite 7, Salinas 93901 Voice 831) 796-3025 Fax 831) 796-3036

Page 2 of 2

Sun Street Centers_AOD Agreement

FY 2009-12

Page 55

 

 

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40018-U01

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FULLY EXECUTED AGREEMENT A-11+@8S�3PROP Ai

1 f ayuga t~ea� iaas,~,~  W. C lnn St. ali a  1

3  3 5 2

WEEKLY PROGRESS REPORT

Client's Name: Date of report:

Date of enrollment: Primary Counselor:

# of sessions completed: # of sessions missed

Dates that client missed treatment:

Did the client contact your office to inform you of his/her absence?

 Yes  No Comment:

Is client current with payments? Yes  No  Amount Owed: $

Comments on Payments Made:

Date of Drug Testing: Results: Neg.  Pos.

Additional Tests, Dates and Results:

Changes in Tx Plan: Yes  No  If Yes" please make sure you provide behavioral

health staff with the updated treatment plan.

Client is attending 12-Step Meetings per week

Client has a sponsor: Yes  No  Working on Step:

Primary Counselor/ Staff Comments on Client Progress:

Date completed: Date terminated:

Signature of Staff Completing Form:

Please fax the progress reports back to the designated treatment Court program on or before each

Tuesday at 5:00 p.m. You will only fill out the portion of the progress report that pertains to your

treatment program and/or treatment plan with the client.

Sun Street Centers_AOD Agreement

FY 2009-12

Page 56

 

 

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40018-U01

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SUN-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

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FULLY EXECUTED AGREEMENT A-11+@9S�Exhibit K

Prop 36 Alcohol and Drug Program Re-Authorization / Extension Request Form

Requests will be considered when submitted 2-weeks prior to end of initial authorization period)

CLIENT NAME: ADMISSION DATE:

SSN: DOB: CLIENT #:

AGENCY:

CURRENT AUTHORIZATION: FROM: TO:

REQUEST TYPE

RESIDENTIAL

RESIDENTIAL-REASON FOR REQUEST:

 

MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD:

 

OUTPATIENT

OUTPATIENT-REASON FOR REQUEST:

 

TOTAL # SESSIONS COMPLETED: GROUP INDIVIDUAL

MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD:

NARCOTIC REPLACEMENT  CURRENT DOSE:

MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD

 

COMPLETED BY:

DATE:

REQUEST STATUS To be completed by BH Prop 36 Drug and Alcohol Program Staff Onlyl

APPROVED  NEW AUTHORIZATION PERIOD FROM TO

DENIED

COMMENTS:

 

BH REVIEWER / TITLE DATE

Sun Street Centers_AOD Agreement

FY 2009-12

Page 57

 

 

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DRUG-U012

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IN-U012

ANNUAL-U012

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OF-U012

$1,578,476-U012

A-U012

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OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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FULLY EXECUTED AGREEMENT A-11+@:S�Exhibit L

ADP BULLETIN NO. 09-05

REQUIREMENTS TO ENSURE ACCESS TO SERVICES FOR PERSONS WITH

DISABILITIES

The parties shall comply with all applicable State Alcohol and Drug Program laws and regulations

in performing the work and providing the services specified in this Agreement including the

following:

 Americans with Disability Act ADA);

 Section 504 of the Rehabilitation Act of 1973;

 45 Code of Federal Regulations CFR), Part 84, Non-discrimination on the Basis

of Handicap in Programs or Activities Receiving Federal Financial Assistance;

 Title 24, California Code of Regulations CCR), Part 2, Activities Receiving Federal Financial

Assistance and;

 Unruh Civil Rights Act California Civil Code CCC) Sections 51 through 51.3 and all

applicable laws related to services and access to services for persons with disabilities

PWD).

Any enterprise licensed or certified by the Department of Alcohol and Drug Programs ADP) or any

entity counties or providers) receiving state or federal funding that has been allocated by ADP must

comply with these requirements and ensure access to services by the disabled. These statutory and

regulatory requirements assist in ensuring Persons with Disabilities are provided access to alcohol

and other drug AOD) prevention, treatment, and recovery services.

Dissemination of these Provisions. CONTRACTOR shall inform all its officers, employees,

agents, and subcontractors providing services hereunder of the State's requirements as stipulated in

ADP Bulletin No. 09-05 See attached bulletin and exhibits).

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.

SUN STREET CENTERS

Business Name of Contractor

Anna Foglia

Signature of*thorized Representative Name of Authorized Representative printed)

tO l

Date

Executive Director

Title of Authorized Representative

Sun Street Centers_AOD Agreement

FY 2009-12

Page 58

 

 

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FULLY EXECUTED AGREEMENT A-11+@;S�STATE OF CALIFORNIA  HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS

1700 K STREET

SACRAMENTO, CA 95814-4037

TDD 916) 445-1942

916) 322-7012

ADP BULLETIN

ARNOLD SCHWARZENEGGER, Governor

Title  Issue Date: Issue No.

Requirements to Ensure Access to S ervices for Persons May 27, 2009 09  05

with Disabilities  Expiration

  Date:

  N/A

Deputy Director Approval Function: Supersedes Bulletin/ADP

  Information Management Letter No.

  Quality Assurance N/A

dave neilsen, Deputy Director  x Service Delivery

Program Services Division  Fiscal

  Administration

PURPOSE

The purpose of this bulletin is to inform all service providers prevention, treatment, and

recovery) and contractors of their legal responsibility to comply with:

 Americans with Disability Act ADA);

 Section 504 of the Rehabilitation Act of 1973;

 45 Code of Federal Regulations CFR), Part 84, Non-discrimination on the

Basis of Handicap in Programs or Activities Receiving Federal Financial

Assistance;

 Title 24, California Code of Regulations CCR), Part 2, Activities Receiving

Federal Financial Assistance and;

 Unruh Civil Rights Act California Civil Code CCC) Sections 51 through 51.3 and

all applicable laws related to services and access to services for persons with

disabilities PWD).

Any enterprise licensed or certified by the Department of Alcohol and Drug Programs

ADP) or any entity counties or providers) receiving state or federal funding that has

been allocated by ADP must comply with these requirements and ensure access to

services by the disabled. These statutory and regulatory requirements assist in ensuring

PWD are provided access to alcohol and other drug AOD) prevention, treatment, and

recovery services.

DISCUSSION

The ADA, Section 504 of the Rehabilitation Act of 1973, and the Unruh Civil Rights Act,

challenged the state and the nation to fully integrate PWD into jobs and services. The

legislation and implementing regulations require that all providers make reasonable

Flex Do YOUR PART To HELP CALIFORNIA SAVE ENERGY

VAR For energy saving tips, visit the Flex Your Power website at

http://www.flexyourpower.ca.gov

 

 

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@<S�ADP Bulletin 09  05

May 27, 2009

Page 2

accommodations and provide accessible services for PWD. ADP requires compliance

with these laws and regulations for programs, agencies, and contractors that provide

prevention, treatment, and recovery services for AOD use and abuse.

ADP will continue to require that all licensed or certified providers of services or

programs receiving federal or State funding that has been allocated by ADP adhere to

the requirements of the ADA, Section 504, and the Unruh Civil Rights Act, ensuring that

all AOD prevention, treatment and recovery programs be accessible to PWD refer to

Exhibit 1) to the fullest extent possible.

Each county is responsible for ensuring that its services and its contract service

providers' programs are accessible and do not discriminate against or deny equal

opportunity to participate in and benefit by the provider's services.

Counties must conduct assessments and keep records of these results, which shall be

provided to ADP upon request. The assessments must:

 Determine the extent of the need for AOD services within the county.

 Determine the percentage of the county residential AOD service providers

that accept PWD and the county's implementation plan for ensuring that a

sufficient number of out-patient and residential AOD services accessible by

PWDs are strategically placed within the county.

 Define, develop, and implement: 1) the referral mechanism for those AOD

service facilities that do not accept PWD; 2) the plan to provide services to

PWD that are substantially equivalent to services provided to non-disabled

individuals, including equivalency of travel time and distance.

 Designate a County Access Coordinator CAC).

Each county is required to designate a County Access Coordinator CAC) for serving

PWD. The role of the CAC is that of liaison between the provider community, County

AOD Administrator's office, and ADP. The CAC is responsible for ensuring the integrity

of the county's compliance with all issues related to AOD services.

Every treatment program licensed or certified by ADP is required to acknowledge in it's

initial application that the treatment program will not discriminate in employment

practices and in provision of benefits and services on the basis of race, color, national

origin, religion, sex, or mental or physical disabilities pursuant to Title VI of the Civil

Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, California

Government Code Section 11135, et seq., and other applicable state and federal laws."

Title 9, CCR Section 9804(b)(11)].

 

 

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ALCOHOL-U012

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$1,578,476-U012

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$4,735,428-U012

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JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

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AUTHORIZE-U012

DIRECTOR-U012

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HEALTH-U012

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AMENDMENTS-U012

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PERCENT-U012

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AMOUNT,-U012

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AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@=S�ADP Bulletin 09  05

May 27, 2009

Page 3

Further, the Unruh Civil Rights Act provides protection from discrimination by all

business establishments in California. CCC Section 51(b) describes this protection:

All persons within the jurisdiction of this state are free and equal, no

matter what their sex, race, color, religion, ancestry, national origin,

disability, or medical condition, are entitled to the full and equal

accommodations, advantages, facilities, privileges, or services in all

business establishments of every kind whatsoever.

ADP has recently received several complaints from individuals who were denied AOD

services because a facility was either physically or programmatically inaccessible i.e.,

refusing to provide a sign language interpreter). Investigation revealed that the

complaints were accurate, and services were unlawfully denied to PWD. Although

recent complaints only involved licensed or certified treatment facilities, requirements

for access also apply equally to providers of prevention and recovery services.

Services must be made available to all individuals with mobility, communication, or

cognitive impairments as required by state and federal laws and regulations.

Prevention, treatment, and recovery providers must take action to identify all physical

and programmatic barriers to services and develop plans for removing or mitigating the

identified barriers. Failure by service providers to initiate actions to correct identified

deficiencies may result in civil penalties, and possible suspension, or revocation, of

licensure, certification or contract cancellation.

Providers applying for initial licensure or certification must plan to be fully accessible at

the time of application. Applicants for renewal of a licensure or certification must have

conducted an assessment to identify barriers to service and developed an Access to

Services Plan for removing or mitigating any identified barriers. Applicants failing to

address these requirements can anticipate denial of their initial application or the

withholding of renewals for existing licensed or certified programs until these

requirements are adequately addressed.

To assist counties, providers, and contractors in the early identification of service

access barriers, ADP has attached a sample document Guidance on Developing an

Access to Services Plan" Exhibit 3) and a Checklist for Accessibility: Alcohol & Drug

Programs" Exhibit 4).

REFERENCES

 The Americans with Disabilities Act of 1990

 Section 504 of the Rehabilitation Act of 1973

  45 CFR, Part 84, Non-discrimination on the Basis of Handicap in

Programs or Activities Receiving Federal Financial Assistance

 Title 24, CCR, Part 2, Activities Receiving Federal Financial

Assistance

 The Unruh Civil Rights Act CCC Section 51 through 51.3)

 

 

BIB]

 

40018-U01

FULLY-U02

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FISCAL-U07

YEAR-U07

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ALCOHOL-U012

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TREATMENT-U012

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PROVISION-U012

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RECOVERY-U012

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ANNUAL-U012

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A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

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JULY-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@>S�ADP Bulletin 09  05

May 27, 2009

Page 4

BACKGROUND

ADP entered into a Voluntary Compliance Agreement VCA) in 1994 with the Office of

Civil Rights, Department of Health and Human Services, to enforce Section 504 of the

Rehabilitation Act and the ADA in order to eliminate discrimination based on disability in

AOD facilities. ADP has maintained technical assistance contracts to assist contractors

and service providers to comply with the issues outlined in the VCA since 1997. ADP

supports the right of all Californians' access to AOD services.

QUESTIONS/MAINTENANCE

Fred Williams, III

Program Fiscal and Policy Branch

Program Services Division

916) 445-0643

fwilliams(aD-adp.ca.gov.

OR

Contact your County AOD Administrator and ask for the designated County Access

Coordinator, who will assist you in any issue relating to the development of an Access

to Service Plans," as well as any issue specific to access, referral, or admission to AOD

services.

EXHIBITS

Exhibit 1: Americans with Disabilities Act Summary)

Exhibit 2: The Unruh Civil Rights Act Summary)

Exhibit 3: Guidance on Developing an Access to Services Plan

Exhibit 4: Checklist for Accessibility: Alcohol & Drug Programs

DISTRIBUTION

County Alcohol and Drug Program Administrators

Strategic Local Government Services, LLC

Director's Advisory Council

ADP  Licensing and Certification Branch Treatment and Outpatient Services)

ADP  Licensees and Certification Holders

ADP  Narcotic Treatment Program

ADP  Fiscal Management Accountability Branch

 

 

BIB]

 

40018-U01

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@?S�Exhibit 1

Americans with Disabilities Act

Congress enacted the Americans with Disabilities Act ADA) in 1990 to remedy

widespread discrimination against persons with disabilities PWD). After thoroughly

investigating the problem, Congress concluded that there was a need for a national

mandate to eliminate discrimination against PWD, and to integrate them into the

nation's economic and social mainstream. Congress enacted that mandate in the ADA.

The ADA forbids discrimination against individuals with disabilities in major areas of

public life, including employment Title I of the Act), public services Title II), and public

accommodations Title III).

Title III of the ADA states a general rule" of nondiscrimination in public

accommodations: No individual shall be discriminated against on the basis of disability

in the full and equal enjoyment of the goods, services, facilities, privileges, advantages,

or accommodations of any place of public accommodation by any person who owns,

leases or leases to), or operates a place of public accommodation." 42 U.S.C.

 12182(a).) Among its specific prohibitions, Title III of the ADA prohibits discrimination

on the basis of disability  both with respect to the accessibility of their physical

facilities and with respect to their policies and practices." Moeller v. Taco Bell

Corporation N.D.Cal.2004) 220 F.R.D. 604, 606.)

Congress adopted two distinct standards for regulating building accessibility: one

to apply to facilities existing before January 26, 1993, and the other to apply to

facilities newly constructed or altered on or after January 26, 1993 42 U.S.C.

 12182(b)(2)(A)(iv), 12183(a).) A congressional committee remarked that the

distinction between existing and new facilities reflects the balance between the need to

provide access for persons with disabilities and the desire to impose limited cost on

businesses. Because retrofitting existing structures to make them fully accessible is

costly, a far lower standard of accessibility has been adopted for existing structures."

H.R. Rep. No. 101-485(111), 2d Sess., p. 60 1990).)

Under the ADA, existing facilities" must remove architectural barriers where such

removal is readily achievable," meaning easily accomplishable and able to be carried

out without much difficulty or expense." 42 U.S.C.  12181(9), 12182(b)(2)(A)(iv).) If

removal of architectural barriers from an existing facility is not readily achievable, the

facility must make its goods and services available to PWD through alternative

methods if such methods are readily achievable." 42 U.S.C.  12182(b)(2)(A)(v).) In

contrast, new and altered facilities must be readily accessible and usable," and must

comply with extensive and detailed regulations, amounting to a federal building code,

known as the ADA Accessibility Guidelines 42 U.S.C.  12183(a); 28 C.F.R.  36,

App. A 2007).)

As previously noted, the ADA prohibits discrimination on the basis of disability in places

of public accommodation with respect to the accessibility of their physical facilities and

with respect to their policies and practices Moeller v. Taco Bell Corporation, supra, 220

F.R.D. at p. 606.) In the ADA's specific prohibitions section, discrimination is defined to

include a failure to make reasonable modifications in policies, practices, or procedures,

when such modifications are necessary to afford such goods, services, facilities,

1

 

 

BIB]

 

40018-U01

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A-11497-U02

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$1,578,476-U012

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$4,735,428-U012

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@@S�privileges, advantages, or accommodations to individuals with disabilities, unless the

entity can demonstrate that making such modifications would fundamentally alter the

nature of such goods, services, facilities, privileges, advantages, or accommodations."

42 U.S.C.  12182(b)(2)(A)(ii).)

The ADA also permits reliance on state laws that provide greater protection 42 U.S.C.

 12201(b).) In describing the ADA's relationship with other laws, the ADA states:

Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and.

procedures of any federal law or law of any state or political subdivision of any state or

jurisdiction that provides greater or equal protection for the rights of individuals with

disabilities than are afforded by this chapter.."

2

 

 

BIB]

 

40018-U01

FULLY-U02

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FO75266-U03

MG75341-U03

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FISCAL-U07

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TREATMENT-U012

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AGREEMENT-U012

SUN-U012

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FULLY EXECUTED AGREEMENT A-11+@AS�Exhibit 2

The Unruh Civil Rights Act Unruh Act) and the Disabled Persons Act

The Unruh Act and the Disabled Persons Act DPA) entitle individuals with disabilities to

full and equal access to public accommodations.(Civil Code  51 b), and 54.1 a) 1).)

The Unruh Act provides broad civil rights protection: All persons within the jurisdiction

of this state are free and equal, and no matter what their sex, race, color, religion,

ancestry, national origin, disability, medical condition, marital status, or sexual

orientation are entitled to the full and equal accommodations, advantages, facilities,

privileges, or services in all business establishments of every kind whatsoever." Civil

Code  51 b).) The DPA protects the civil rights of individuals with disabilities, and

states: Individuals with disabilities shall be entitled to full and equal access, as other

members of the general public, to  places of public accommodation, amusement or

resort, and other places to which the general public is invited." Civil Code  54.1 a)(1).)

As the federal government does with the ADA, California mandates specific

requirements for building accessibility by statute Government Code,  4450 et seq.;

Health and Safety Code,  19956 and 19959): All buildings constructed or altered

after July 1, 1970, must comply with standards governing the physical accessibility of

public accommodations." These standards are set forth in Title 24 of the California

Regulations. A violation of a Title 24 building standard that denies access to PWD has

been found to constitute a violation of both the Unruh Act and the DPA Moeller v. Taco

Bell Corporation, supra, at p. 607). A violation of the ADA also constitutes a violation of

both the Unruh Act and the DPA Civil Code  51 f) and 54 c).). After the ADA was

passed in 1990, the California DPA and the Unruh Civil Rights Act were amended to

provide that a violation of the ADA constitutes a violation of their provisions. Thus, a

person whose rights are violated under the ADA may seek damages under the

California statutes, and is not limited to injunctive relief as plaintiffs are under federal

law Pickern v. Best Western Timber Cove Lodge Marina Resort 2002)

194 F. Supp.2d 1128, 1131.)

The expansion of California law to include ADA violations had other effects. For

example, Title 24 does not require facilities that predate its enactment to comply with

its regulations unless and until the facility is altered Pickern, at p. 1131, fn. 4.). In

contrast, t]he ADA requires existing facilities to remove barriers to access so long as

removal is readily achievable, regardless of whether the facility has been altered." Ibid).

By amending the Civil Code to provide that a violation of the ADA is also a violation of

the Unruh Act and the DPA, the Legislature authorized the filing of civil actions under

state law to enforce the federal requirement that architectural barriers be removed

where it is readily achievable to do so, and that alternative means of access be

provided.

1

 

 

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FULLY EXECUTED AGREEMENT A-11+@BS�Exhibit 3

Guidance on Developing an Access to Services Plan

This exhibit is intended to assist you in assessing your facility to ensure that it is

accessible and usable by persons with disabilities PWD). An access policy and

implementation plan needs to be incorporated into your organization's short and long-

range planning. Compliance with Section 504 and the stipulations of the Americans

with Disabilities Act ADA) can be achieved in a variety of ways. For example,

according to the Rehabilitation Act, Section 504, not every program or every floor needs

to be accessible, but enough accessible programs or facilities must be provided so that

PWD have an equal opportunity to benefit from the organization's program offerings,

when viewed in their entirety."

Access improvements should strive to go above and beyond the law. While every

organization must develop plans to meet minimum access requirements, organizations

may be creative in developing new strategies to include the 20 percent of Americans

who have disabilities. Of course, maintaining and improving accessibility should be

considered on a regular long-term basis. Experience has shown that when access to

services, programs, activities and employment are given a high priority, it is reflected in

an organization's mission statement, policies and guidelines.

Your Access to Services Plan may serve as partial documentation of your good faith"

efforts to comply with the ADA. You may want to consider forming an Access Advisory

Committee to assist in developing your Access to Services Plan. The plan should

reflect your organization's compliance with the law and the incorporation of these laws

and regulations into all aspects of your organizational structure.

What a Self-Evaluation and Transition Plan Should Do

1. Utilizing the accompanying checklist Exhibit 4), identify all policy,

employment, physical and programmatic barriers that limit access to the

organization's facilities, service and programs. You may wish to consider

involving individuals with disabilities to assist in this process.

2. Prioritize access improvements in policy, employment issues, facility,

programs and services, with measurable goals and objectives. Identify

readily achievable improvements first and then begin the process of planning

for those requiring more long-range plans that involve extensive design and

construction work. The ADA requires that places of public accommodation

for-profit and non-profit alcohol and drug programs) remove architectural

barriers if such plans are readily achievable" and can be accomplished

without much difficulty or expense.

3. Develop a timetable with completion dates for steps necessary to achieve full

accessibility.

4. Identify the person(s) responsible for the implementation of the plan.

5. Establish a time frame and review method for ongoing monitoring and

assessment; for example, schedule subsequent accessibility reviews of your

organization.

1

 

 

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FISCAL-U07

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TERM-U07

FY-U07

2009-10,-U07

2010-11-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

7/13/2009-U011

2011-12)-U012

ALCOHOL-U012

DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

SUN-U012

STREET-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

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AMENDMENTS-U012

UP-U012

TO-U012

FIVE-U012

PERCENT-U012

5%)-U012

OF-U012

ANNUAL-U012

AMOUNT,-U012

DOES-U012

SIGNIFICANTLY-U012

ALTER-U012

SCOPE-U012

OF-U012

WORK-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@CS�Exhibit 3

6. A copy of the plan should be available for public inspection. According to the

Rehabilitation Act, Section 504, agencies and organizations receiving federal

funds must have a copy of the plan available for public inspection.

Establishing Priorities for Your Access to Services Plan

When developing an Access to Services Plan, the organization should develop its

priorities and create a timetable for barrier removal on the basis of whether the

improvement or removal of the barrier is: 1) readily achievable; 2) a recommended

priority area by the Department of Justice discussed in detail on the following page);

and 3) incorporates principles of universal design to accommodate a diverse group of

users of facilities.

Readily Achievable Improvements and Accommodations

Your plans may include readily achievable improvements that address architectural

barriers as well as the policies and practices of your cultural organizations. Examples

of readily achievable improvements that can be made immediately, at no cost or

inexpensively, include:

 Adding definitive access language to your policies and guidelines;

+ Providing all agency publications on cued audio tapes or large print upon

request;

 Publicizing the accessibility of your organization's activities and services;

 Conducting access training for staff and board;

 Establishing an office policy requiring accessible facilities for all agency

activities;

 Installing a TTY, training staff to use it, and including the number where your

organization's other phone numbers are listed;

 Compiling resource lists of availability and costs of accessible

accommodations in your locality;

 Recruiting people with disabilities for grant review panels;

 Lowering display cases and counter tops;

 Installing large print labeling/signage;

 Removing fixed seating for wheelchair spaces; and

 Conducting periodic surveys of client/public accessibility needs.

A fact sheet from Adaptive Environments entitled Alternatives to Barrier Removal

describes options for places of public accommodation when modifications are not

readily achievable:

http://www.adainfonet.orq/adainfonet/documents/architecturalndocuments

/Alt%20to%20barrier%20removal.pd

2

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

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FO74555-U03

FO75266-U03

MG75341-U03

AS75367-U03

AS75369-U03

AI81973-U03

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AGREEMENTS-U03

7/24/2009-U04

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FISCAL-U07

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MCKEE-U09

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ALCOHOL-U012

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TREATMENT-U012

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SUN-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

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AUTHORIZE-U012

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HEALTH-U012

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NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@DS�Exhibit 3

Recommended Priority Areas by the Department of Justice

The Department of Justice Title III Technical Assistance Manual recommends priority

areas for the removal of barriers in existing facilities. Because the resources available

for barrier removal may not be adequate to remove all existing barriers at any given

time, the regulation suggests a way to determine which barriers should be dealt with

first. The purpose of these priorities is to facilitate long term business planning and

maximize the degree of effective access that will result from any given level of

expenditure. These priorities are not mandatory. Businesses with public

accommodations are free to exercise discretion in determining the effective mix" of

barrier removal measures to undertake in their facilities.

hftp://www.usdoi.gov/crt/6da/taman3.htmi

Priority 1: Get people in the door

Enable individuals with disabilities to physically enter your facility. Getting through the

door" recognizes that providing physical access to a public facility from public sidewalks,

public transportation or public parking is generally preferable to any alternative

arrangements in terms of both business efficiency and the dignity of individuals with

disabilities. Solutions include installing 12:1 grade ramps, widening entrances, and

providing accessible parking spaces.

Priority 2: Provide access to goods and services

Provide access to those areas of a place of public accommodation where goods and

services are made available to the public. For example, individuals with disabilities

should have access to assistance at the front desk, as well as to any other areas that

are available to other individuals, such as group counseling rooms or recreational areas.

Priority 3: Provide access to restrooms

If restrooms are provided for use, they should also be accessible to those with

disabilities.

Priority 4: Remove any remaining barriers

The remaining barrier removal efforts address amenities or services provided by the

organization or facility.

Universal Design Considerations

Whereas barrier-free design focuses on meeting the federal accessibility standards,

the intent of universal design is to simplify life for everyone by making products and

3

 

 

BIB]

 

40018-U01

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NET-U012

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COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@ES�Exhibit 3

environments usable by as many people as possible at little or no extra cost. Universal

design for more inclusive and universally accessible environments includes:

1. Site design that is easily accessible from public transit, parking, and public

pathways;

2. Entrances and how they are used; and

3. Signage systems that guide individuals through a facility.

Organizing Your Access to Services Plan

Organize the results of the checklist, including the nondiscrimination questions, into a

chart. The first sample chart attached Sample 1) has five columns. The first column

lists the identified barriers; the second column describes the method for eliminating the

barriers; the third denotes the person or department responsible for barrier removal; and

the fourth is the estimated project cost. The fifth column specifies the projected start

and completion days. The other sample chart Sample 2) illustrates a different method

for organizing and preparing your plan.

Professional Assistance in the Development and Implementation of Access to

Services Plan

If for any reason during the development of your Access to Services Plan" you

encounter difficulty or want reassurance that your program is proceeding in the

appropriate manner, there are additional options to assist you, at no charge:

1. Contact your County AOD Administrator and request assistance from the

designated County Access Coordinator;

OR

2. Bob Olson, Disability Access Project Director

2400 Marconi Avenue, Suite C

P. O. Box 214127 mail)

Sacramento, CA 95821

Phone: 916-338-9460

TTY: 916-473-0836

FAX: 916-338-9468

Website: www.caarr.org

E-mail: bob(a.caarr.org

OR

3. You may also utilize the services of a paid ADA/504 consultant.

4

 

 

BIB]

 

40018-U01

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FULLY EXECUTED AGREEMENT A-11+@FS�Exhibit 3

SAMPLE 1

Access to Services Plan: SAMPLE Treatment Center

Element/Barrier Methods Responsible Estimate Timeline

  Person/Dept  Start/

    Com letion

Doors Replace knobs with lever Facilities $12,400 3/03 5/04

 Hardware throughout.  

Women's Restroom-No Combine 2 stalls to create a fully Facilities $2,000 3/03 3/04

accessible stall accessible one  

Printed Material does not include I Collect samples from other Visitors Services and General Operating Budget 2/03 7/04

information about access organizations Accessibility Coordinator 

 Acquire Disability Access  

 Symbols  

  Consult with Access Committee  

 regarding content and presentation  

 i_! Work with Graphic Designer to.  

 Produce Prototypes  

Room Signs-No Tactile and Add compliance room signs at Facilities $329 2/10- 3/10

Braille permanent and common use  

 spaces  $5 cost for interim solution

   of plastic self-adhesive

   labels

5

 

 

BIB]

 

40018-U01

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FULLY EXECUTED AGREEMENT A-11+@GS�Exhibit 3

SAMPLE 2

SAMPLE Treatment Program  ADA/504/Access to Services Plan

 I~-     Funding

Barrier Solution P

 1 1 riority Cost Source

     Due Date Responsible Completion

      Person Date

Physical      

Access:

Second floor Install paper

A Now)

$40 Unrestricted

Funds

August 30, 2006

Program Manager August 1,

2006

water fountain cup dispenser     

spout too high      

Physical      

Access:

No railing on Install railing on

both sides

B Next year)

$200 Unrestricted

Funds February 1,

2007

Program Manager

stairs to second      

floor & back steps

Physical-

Access:

Narrow doorway

 

Widen

doorway to

 

 

Next year)

 

 

500

 

Unrestricted

Funds

 

 

une 30, 2007

 

 

rogram Manager

to counseling 32"     

office      

 

Program

Access: Modify policy

to allow for

 

A Now)

 

None

 

N/A

 

July 30, 2006 Executive

Director w/ BOD

 

E

 

July 24, 2006

No pet policy I service

animals     xecutive

Committee

 

 

Obtain TTY and i-    

 

 

Communication train staff.

Interim solution

training staff to

 

A This year)

 

$400

 

Office equipment

 

October 1, 2006

 

Office Manager

CRS training

completed

Access: No TTY use the   fund   July 16, 2006

 California Relay     

 System     

 

I-Employment`!-

Access:

Remove

questions about

 

 

A Now)

 

 

None

 

 

N/A

 

 

uly, 2006

 

 

 

uman Resources

 

 

 

uly 30, 2006

Employment health and     

application disability.     

Physical Remodel

Access: shower to

Men's shower compliance with 

 

C 2008-2009)

 

$15,000

Capitol

Expenditures

 

July 1, 2009

Building

Maintenance

inaccessible ADAAG  I  I 

6

 

 

BIB]

 

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FULLY EXECUTED AGREEMENT A-11+@HS�Exhibit 4

 19i'l~

Checklist for Accessibility:

Alcohol & Drug Programs

Department of Alcohol and Drug Programs

1700 K Street

Sacramento, CA 95811

California Association of Addiction Recovery Resources

Disability Access Project

2400 Marconi Ave., Suite C P.O. Box 214127

Sacramento, CA 95821

916.338.9460 Voice  916. 473. 0836 TTY

916.338.9468 Fax

bob@caarr.org  www.caarr.org

 

 

BIB]

 

40018-U01

FULLY-U02

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AGREEMENT-U02

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$4,735,428-U012

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NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@IS�Exhibit 4

Checklist for Accessibility

The accompanying checklist will help you self identify the accessibility problems in your

program's facilities in order to meet your obligations under the:

 Americans with Disability Act ADA);

 Section 504 of the Rehabilitation Act of 1973;

 45 CFR, Part 84, Non-discrimination on the Basis of Handicap in Programs or

Activities Receiving Federal Financial Assistance;

 Title 24, California Code of Regulations CCR), Part 2;

 Unruh Civil Rights Act California Civil Code section 51 through 51.3).

The goal of this checklist is to facilitate planning to make an existing facility more

useable for people with disabilities. The United States Department of Justice DOJ)

recommends the development of an Implementation Plan, specifying what

improvements you will make to remove barriers and a time table for completion. Such a

plan could serve as evidence of good faith to comply with the ADA.

This checklist details some of the requirements found in the ADA Standards for

Accessible Design Standards). The ADA Accessibility Guidelines ADAAG) are a part

of DOJ's Title III Regulations, 28 CFR Part 36 Nondiscrimination on the basis of

disability... Final Rules).

The Standards should be followed for removal of all barriers. If complying with the

Standards is not readily achievable, you may undertake a modification that does not

comply, as long as it does not pose a health or safety risk.

This checklist does not cover all of the requirements of the Standards, nor does it

attempt to illustrate all possible barriers. Facilities initially applying for Certification and

Licensure by the Department of Alcohol and Drug Programs ADP), and all new

construction or alterations must comply with ADA requirements.

Priorities for fully planning readily achievable barrier removal for older buildings

recommended by the ADA are:

 Priority 1: Accessible approaches and entrances.

 Priority 2: Access to goods and services.

 Priority 3: Access to restrooms.

 Priority 4: Any other measure necessary.

The U.S. DOJ, Civil Rights Division, Disability Rights Section has a free ADA Technical

Assistance CD-ROM available. This CD-ROM includes the ADA Regulations,

Standards for Accessible Design, Technical Assistance Manuals and Technical

Assistance Documents in PDF files, HTML files, Text files and WordPerfect files.

2

 

 

BIB]

 

40018-U01

FULLY-U02

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7/13/2009-U011

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OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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2009-U012

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FULLY EXECUTED AGREEMENT A-11+@JS�Exhibit 4

To order a copy of this CD-ROM contact the U.S. Department of Justice at

800.514.0301 voice), 800.514.0383 TTY) or on-line at www.usdoj.gov/crt/ada.

The California Access Compliance Reference Manual of Statutes, Title 24 is available

from the Builders Book Store at 800.273.7375 for $29.95.

3

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

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FO21330-U03

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FO75266-U03

MG75341-U03

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7/24/2009-U04

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SUN-U012

STREET-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

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HEALTH-U012

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IN-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@KS�Exhibit 4

How to Use this Checklist

0 Get Organized: Establish a timeframe for completing this survey. Determine

how many copies of the checklist you will need to survey the whole facility.

Decide who will conduct the survey. It is recommended that you invite two or

three additional people, including those with various disabilities and

accessibility expertise, to assist in identifying barriers, developing solutions for

removing these barriers, and setting priorities for implementing

improvements.

0 Obtain Floor Plans: It is very helpful to have the building floor plans with

you while you survey. If plans are not available, use graph paper to sketch

the layout of all interior and exterior spaces. Make notes on the sketch or

plan while you are surveying.

Conduct the Survey: Bring copies of this checklist, a clipboard, a pencil or

pen, and a flexible steel tape measure. Think about each space from the

perspective of people with physical, hearing, visual, and cognitive disabilities

noting areas that need improvement; if possible, involve individuals with these

disabilities in the evaluation.

0 Summarize Barriers and Solutions: List barriers found and ideas for their

removal. Consider the solutions listed beside each question and add your

own ideas. Consult with building contractors and equipment suppliers to

estimate the cost for making the proposed modifications.

0 Review for Programmatic Accessibility Barriers: Develop and review

potential barriers to accessibility to program services. Consider whether

these services provide programmatic accessibility to all. Is group counseling

conducted in a manner that is accessible to all clients? Are there various

forms of print materials for the deaf; large print for the visually impaired?

0 Make Decisions and Set Priorities: Review the summary with decision

makers and advisors. Decide which solutions will best eliminate barriers at a

reasonable cost. Prioritize the items you decide upon and make a timeline for

carrying them out. Where the removal of barriers is not readily achievable,

you must consider whether there are alternative methods for providing access

that are readily achievable.

Maintain Documentation: Keep your survey notes, summary, record of

work completed, and plans for alternative methods on file.

4

 

 

BIB]

 

40018-U01

FULLY-U02

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7/24/2009-U04

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411-HEALTH-U08

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7/13/2009-U011

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TREATMENT-U012

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AGREEMENT-U012

SUN-U012

STREET-U012

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PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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2009-U012

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FULLY EXECUTED AGREEMENT A-11+@LS�Exhibit 4

Make Changes: Implement changes as planned. Always refer directly to

ADAAG and California state and local codes for complete technical

requirements before making any access improvements.

Follow Up: Review your implementation plan each year to re-evaluate

whether more improvements have become readily achievable.

5

 

 

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40018-U01

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A-U012

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$4,735,428-U012

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FULLY EXECUTED AGREEMENT A-11+@MS�Exhibit 4

Accessible Approach/Entrance  

A) PARKING WALKWAYS: MINIMUM CONSIDERATIONS. YES NO N/A

1) If off-street parking is available, is it as close to the accessible entrance as  

possible? If yes: Number of total stalls Number of accessible stalls  

Number of van accessible stalls  

2) Are walkways with necessary ramps and curb cuts available from the parking  

area to the accessible entrance? NOTE: The travel route should be at least  

36" wide.  

3) Are designated reserved parking spaces provided for persons with disabilities?  

B) ENTRANCES: MINIMUM CONSIDERATIONS. YES NO NIA

1) Is at least one primary building entrance accessible at ground level or ramped  

with no steps? NOTE: Ramp slope should not exceed 1:12  

2) Are accessible entrances identified with proper signage? NOTE: A primary  

entrance is one that is a commonly used public entrance which does not  

involve transit through kitchens, storage facilities or similar areas.)  

3) Are accessible primary entrances left unlocked or are provisions made for a  

signaling device that is accessible if the entrance must be locked during  

certain hours for security purposes?  

4) Do entrance doors have a minimum clear opening of 32"?  

6

 

 

BIB]

 

40018-U01

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7/24/2009-U04

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IN-U012

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AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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FULLY EXECUTED AGREEMENT A-11+@NS�Exhibit 4

C) TOILET ROOMS & BATHING FACILITIES: MINIMUM CONSIDERATIONS YES NO NIA

1) Does the facility have accessible public restrooms for men and women?  

a) Is there an accessible unisex restroom available?  

2) Does the restroom entrance door have a minimum unobstructed opening of

32"?  

3) If stalls are provided, are they a minimum of 36" wide and 72"deep, or 48" wide

and 57" deep, and have doors with a 30" unobstructed opening? NOTE: A 32"

clear opening is preferred.)  

4) Is the sink rim no higher than 34"?  

5) Is the toilet seat 17" to 19" high?  

6) Is there at least 29" from the floor to the bottom of the sink apron excluding

pipes)?  

7) Are exposed drain and hot water pipes insulated?  

8) Are other fixed objects located so as not to impede wheelchair access into

stalls or other facilities  

7

 

 

BIB]

 

40018-U01

FULLY-U02

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ALCOHOL-U012

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IN-U012

ANNUAL-U012

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OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

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TO-U012

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COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@OS�Exhibit 4

D) MEETING/HEARING ROOM FACILITIES: MINIMUM CONSIDERATIONS YES NO N/A

1) Are there meeting rooms that can only be accessed by steps? NOTE: If so  

identify those rooms)  

2) If amplifiers and /or sound equipment are used, are individual hand-held or  

lavaliere microphones available?  

a) Are provisions made for assistive listening devices upon request for persons  

with hearing impairments?  

NOTE: Assistive listening systems are available for loan at no cost from the  

ADP funded-Disability Access Project.)  

3) Can meeting room seating be arranged to accommodate persons using  

wheelchairs in an integrative manner?  

4) Are print materials recorded for visually impaired persons?  

5) Are interpreters available for persons with hearing impairments?  

E) RESIDENTIAL FACILITIES ONLY: LODGING ACCOMMODATIONS:

MINIMUM CONSIDERATIONS YES NO N/A

1) What is the total number of sleeping rooms provided?  

2) How many sleeping rooms are accessible for people with mobility limitations?  

3) Do entrance doors to accessible guest rooms have a minimum clear opening

of at least 32"?  

8

 

 

BIB]

 

40018-U01

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AGREEMENT-U02

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ALCOHOL-U012

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ANNUAL-U012

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OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

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2009-U012

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RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@PS�Exhibit 4

4) Do accessible guest rooms allow sufficient turning space 5 ft. in diameter) to  

allow a person using a wheelchair to move about?  

5) If there is a phone in the room, is there an unobstructed approach to the phone  

fora person using a wheelchair?  

F) AUXILIARY AIDS: MINIMUM CONSIDERATIONS YES NO N/A

1) Is there a written disability admission and referral policy in place? If yes,

attach a copy, to this survey when it is submitted to the Department of

Alcohol and Drug Programs.  

2) Does the facility have a TDD/TTY telephone device and number for the deaf

or hard of hearing?  

a) If no, has staff been trained to use the California Relay System CRS)?  

3) Does the emergency alarm system have both visual and audible features?  

4) If the facility has a pay phone, is TTY access available?  

5) Is at least one public pay phone equipped with amplification?  

6) Do televisions for client use have closed caption capability?  

9

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

FO21330-U03

FO74555-U03

FO75266-U03

MG75341-U03

AS75367-U03

AS75369-U03

AI81973-U03

DO82295-U03

C5-U03

AGREEMENTS-U03

7/24/2009-U04

BOYDA-U04

13734-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

3)-U07

FISCAL-U07

YEAR-U07

TERM-U07

FY-U07

2009-10,-U07

2010-11-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

7/13/2009-U011

2011-12)-U012

ALCOHOL-U012

DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

SUN-U012

STREET-U012

CENTERS-U012

PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

APPROVE-U012

FUTURE-U012

AMENDMENTS-U012

UP-U012

TO-U012

FIVE-U012

PERCENT-U012

5%)-U012

OF-U012

ANNUAL-U012

AMOUNT,-U012

DOES-U012

SIGNIFICANTLY-U012

ALTER-U012

SCOPE-U012

OF-U012

WORK-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@QS�Exhibit 4

7) Are hearing interpreters available? E 

8) Are hearing interpreters part of group counseling?  

Nondiscrimination Questionnaire  

ISM=  

1 Is nondiscriminatory treatment, equally afforded to other individuals, given  

directly or through contractual licensing or other arrangements to people with  

disabilities in the full and equal enjoyment of the goods, facilities, privileges,  

advantages, or accommodations offered?  

2. Are the goods, services, facilities, privileges, advantages, or accommodations F1  D

provided differently or separately to individuals with disabilities and individuals  

without disabilities?  

3. Are the goods, services, facilities, privileges, advantages, and accommodations 7 El

offered to individuals with disabilities in the most integrated setting appropriate  

to the needs of the specific individual in question?  

4. If separate or different programs or activities are provided to individuals with  7 7

disabilities, may those individuals still participate in the activities that are not  

separate or different?  

5. Do you use, directly and/or through a contractual or other arrangements, D F~ F-1

standards, criteria, or methods of administration that do not have the effect of  

discrimination by others?  

6. Are people with friends, associates, or relatives with a disability provided foods,

El

El

7

services, facilities, privileges, advantages, accommodations, and other  

opportunities on a nondiscriminatory basis?  

7. Do your eligibility criteria screen in, not out, individuals with disabilities unless  E E

such criteria can be shown to be necessary for the provision of goods,  

services, etc., being offered)?  

8. Are reasonable modifications made to policies, practices, or procedures when  El El

such modifications are necessary to offer goods or services, etc., to individuals  

with disabilities?  

9. Are people with disabilities included, allowed services, integrated, and otherwise   0

treated the same as others through the provision of auxiliary aids and  

services?  

10. Are architectural and communication barriers that are structural in nature F-1 F-1 7

including permanent, temporary, or moveable structures, such as furniture,  

equipment, and display racks) removed from existing facilities?  

11. Where removal of barriers is not readily achievable" are the goods, services, F7 D El

etc., made available through alternative methods?  

10

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

FO21330-U03

FO74555-U03

FO75266-U03

MG75341-U03

AS75367-U03

AS75369-U03

AI81973-U03

DO82295-U03

C5-U03

AGREEMENTS-U03

7/24/2009-U04

BOYDA-U04

13734-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

3)-U07

FISCAL-U07

YEAR-U07

TERM-U07

FY-U07

2009-10,-U07

2010-11-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

7/13/2009-U011

2011-12)-U012

ALCOHOL-U012

DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

SUN-U012

STREET-U012

CENTERS-U012

PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

APPROVE-U012

FUTURE-U012

AMENDMENTS-U012

UP-U012

TO-U012

FIVE-U012

PERCENT-U012

5%)-U012

OF-U012

ANNUAL-U012

AMOUNT,-U012

DOES-U012

SIGNIFICANTLY-U012

ALTER-U012

SCOPE-U012

OF-U012

WORK-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@RS�Exhibit 4

12. Has new construction been designed to be readily accessible to and usable by  El 0

individuals with disabilities?  

13. If you are altering a facility, have the alterations been made in such a manner 0  F1

that, to the maximum extent feasible, the altered portions of the facility are  

readily accessible to and usable by individuals with disabilities including  

individuals who use a wheelchair?  

11

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

FO21330-U03

FO74555-U03

FO75266-U03

MG75341-U03

AS75367-U03

AS75369-U03

AI81973-U03

DO82295-U03

C5-U03

AGREEMENTS-U03

7/24/2009-U04

BOYDA-U04

13734-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

3)-U07

FISCAL-U07

YEAR-U07

TERM-U07

FY-U07

2009-10,-U07

2010-11-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

7/13/2009-U011

2011-12)-U012

ALCOHOL-U012

DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

SUN-U012

STREET-U012

CENTERS-U012

PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

APPROVE-U012

FUTURE-U012

AMENDMENTS-U012

UP-U012

TO-U012

FIVE-U012

PERCENT-U012

5%)-U012

OF-U012

ANNUAL-U012

AMOUNT,-U012

DOES-U012

SIGNIFICANTLY-U012

ALTER-U012

SCOPE-U012

OF-U012

WORK-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012

 

 

FULLY EXECUTED AGREEMENT A-11+@SS�Sample ADA Plan

XYZ Recovery Services: Access to Services Plan: FY 7/1/2005-6/30/2006

 

Barrier

Solution

Priority Projected

Funding Source Projected

Completion Responsible

   Cost 

Date Person

Physical Access:

In-accessible entrance to Install ramp to main A: This

000

$10 Building

June 30

2006 Program

 

building entrance Year  maintenance  Manager

Physical Access

Water fountain spout too Install paper cup

dispenser

A: Now

$40.00

Unrestricted funds

July 15, 2005 Program

Manager

high     

     

Physical Access: Narrow Widen doorway B: Next $500 Building March 1, 2007 Program

door to counseling office  FY  maintenance  Manager

 Modify policy to    

Program Access: No pet allow for service A: Now None N/A 2005

July 15 Executive

policy animals for people     Director

 with disabilities    

Communication Access: No Obtain TTY A: This

$350 Office equipment December 30, Office

TTY  Year  funds 2005 Manager

    Available from 

 Purchase or borrow   Disability Access 

Communication Access: assistive listening C: As None Project N/A Program

Assistive Listening Systems system: Insert into needed  Technology Loan  Manager

 policy   Program 

12

 

 

BIB]

 

40018-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

A-11497-U02

W/SUN-U02

STREEET-U02

CENTERS-U02

LI21329-U03

FO21330-U03

FO74555-U03

FO75266-U03

MG75341-U03

AS75367-U03

AS75369-U03

AI81973-U03

DO82295-U03

C5-U03

AGREEMENTS-U03

7/24/2009-U04

BOYDA-U04

13734-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

3)-U07

FISCAL-U07

YEAR-U07

TERM-U07

FY-U07

2009-10,-U07

2010-11-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

7/13/2009-U011

2011-12)-U012

ALCOHOL-U012

DRUG-U012

TREATMENT-U012

SERVICES-U012

AGREEMENT-U012

SUN-U012

STREET-U012

CENTERS-U012

PROVISION-U012

OF-U012

ALCOHOL-U012

DRUG-U012

RECOVERY-U012

SERVICES-U012

IN-U012

ANNUAL-U012

AMOUNT-U012

OF-U012

$1,578,476-U012

A-U012

TOTAL-U012

OF-U012

$4,735,428-U012

PERIOD-U012

JULY-U012

1,-U012

2009-U012

THROUGH-U012

JUNE-U012

30,-U012

2012;-U012

B.-U012

AUTHORIZE-U012

DIRECTOR-U012

OF-U012

HEALTH-U012

TO-U012

APPROVE-U012

FUTURE-U012

AMENDMENTS-U012

UP-U012

TO-U012

FIVE-U012

PERCENT-U012

5%)-U012

OF-U012

ANNUAL-U012

AMOUNT,-U012

DOES-U012

SIGNIFICANTLY-U012

ALTER-U012

SCOPE-U012

OF-U012

WORK-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

TO-U012

NET-U012

COUNTY-U012

COSTS.-U012