File #: 11-040    Name:
Type: Minutes Status: Passed
File created: 1/11/2011 In control: Board of Supervisors
On agenda: 1/11/2011 Final action: 1/11/2011
Title: a. Approve and authorize the Director of Health to sign a three fiscal year term Mental Health Services Agreement a. Approve and authorize the Director of Health to sign a three fiscal year term Mental Health Services Agreement
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Signed Agreement, 4. Revised Board Order

 

 

 

 

 

 

COMPLETED BOARD ORDER"�|E���41

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No.: A-11912

a. Approve and authorize the Director of

Health to sign a three fiscal year term Mental

Health Services Agreement July 1, 2010 to

June 30, 2013) with Fred Finch Youth Center

in the amount of $50,472 for FY 2010-11,

$50,472 for FY 2011-12, and $50,472 for FY

2012-13 for a total Agreement amount of

$151,416, to replace agreement A-11198

which expired June 30, 2010; and

b. Authorize the Director of Health to

approve future amendments up to ten

percent 10%) 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 Armenta, seconded by Supervisor Potter and carried by those

members present, the Board hereby:

a. Approved and authorized the Director of Health to sign a three fiscal year term

Mental Health Services Agreement July 1, 2010 to June 30, 2013) with Fred Finch

Youth Center in the amount of $50,472 for FY 2010-11, $50,472 for FY 2011-12, and

$50,472 for FY 2012-13 for a total Agreement amount of $151,416, to replace

agreement A-11198 which expired June 30, 2010; and

b. Authorized the Director of Health to approve future amendments up to ten percent

10%) 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 11th day of January 2011, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, 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 January 11, 2011.

Dated: January 18, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By~~

Deputy

 

 

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CONTRIBUTION.-U012

 

 

COMPLETED BOARD ORDER"�|E���41

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No.: A-11912

a. Approve and authorize the Director of

Health to sign a three fiscal year term Mental

Health Services Agreement July 1, 2010 to

June 30, 2013) with Fred Finch Youth Center

in the amount of $50,472 for FY 2010-11,

$50,472 for FY 2011-12, and $50,472 for FY

2012-13 for a total Agreement amount of

$151,416, to replace agreement A-11198

which expired June 30, 2010; and

b. Authorize the Director of Health to

approve future amendments up to ten

percent 10%) 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 Armenta, seconded by Supervisor Potter and carried by those

members present, the Board hereby:

a. Approved and authorized the Director of Health to sign a three fiscal year term

Mental Health Services Agreement July 1, 2010 to June 30, 2013) with Fred Finch

Youth Center in the amount of $50,472 for FY 2010-11, $50,472 for FY 2011-12, and

$50,472 for FY 2012-13 for a total Agreement amount of $151,416, to replace

agreement A-11198 which expired June 30, 2010; and

b. Authorized the Director of Health to approve future amendments up to ten percent

10%) 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 11th day of January 2011, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, 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 January 11, 2011.

Dated: January 18, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

BYI'.Q d'

Deputy

 

 

BIB]

 

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CONTRIBUTION.-U012

 

 

 

 

SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: January 11, 2011  Consent AGENDA NO.: 41

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

Mental Health Services Agreement July 1, 2010 to June 30, 2013) with Fred

Finch Youth Center in the amount of $50,472 for FY 2010-11, $50,472 for FY

2011-12, and $50,472 for FY 2012-13 for a total Agreement amount of

$151,416, to replace agreement A-11198 which expired June 30, 2010; and

b. Authorize the Director of Health, to sign up to three future amendments to

this agreement where the amendments do not exceed 10% of the annual

amount, and do not significantly change the scope of work, or result in an

increase on net county contribution.

DEPARTMENT: Health  Behavioral Health Bureau

RECOMMENDATION

It is recommended that the Board of Supervisors:

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

Services Agreement July 1, 2010 to June 30, 2013) with Fred Finch Youth Center in the amount

of $50,472 for FY 2010-11, $50,472 for FY 2011-12, and $50,472 for FY 2012-13 for a total

Agreement amount of $151,416, to replace agreement A-11198 which expired June 30, 2010; and

b. Authorize the Director of Health, to sign up to three future amendments to this agreement where

the amendments do not exceed 10% of the annual amount, and do not significantly change the

scope of work, or result in an increase on net county contribution.

SUMMARY/DISCUSSION

The County previously had Agreement A-11198 with Fred Finch Youth Center Fred Finch") which

expired June 30, 2010. The renewal of this contract has been delayed due to Fred Finch not

providing the appropriate insurance documentation as required by the County of Monterey. Fred

Finch will provide day treatment services full day), medication support, mental health, case

management, crisis management, and therapeutic behavioral services to youth that have been

diagnosed with both cognitive and developmental disabilities and have significant mental health

challenges that require a high level of care. Fred Finch's goal is to maximize residents' level of

functioning to enable them to a pattern of everyday living similar to that of non-disabled peers

enabling clients to return home or move to a lower level of care. Currently, there is no child placed at

this facility; however, there is one pending case that may require placement within the next couple of

weeks.

This Agreement contains the County's standard 30-day no cause" provision Paragraph IV,

Section B) and an additional defunding provision Paragraph IV, Section D), which provides the

County the ability to amend or terminate the Agreement in the event of a reduction or termination

of funding.

OTHER AGENCY INVOLVEMENT

The Auditor-Controller, County Counsel, and Risk Management have reviewed and approved this

Agreement as to fiscal provisions, legal form and insurance requirements, respectively. This

Agreement is on file with the Clerk of the Board.

 

 

BIB]

 

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CONTRIBUTION.-U012

 

 

SIGNED BOARD REPORT"�|E���FINANCING

This Agreement is funded by Medi-Cal 95%) and Realignment 5%) for seriously emotionally

disturbed SED) children who are Medi-Cal eligible. Individuals with Disabilities Education Act

IDEA) funds pay 100% of SED children who are not Medi-Cal eligible. Services for Medi-Cal

eligible children who are not SED children are paid by Medi-Cal 95%) and Realignment 5%). The

amount of this Agreement is $50,472 for FY 2010-11, $50,472 for FY 2011-12 and $50,472 for FY

2012-13 for a total amount not to exceed $151,416. The funds for FY 2010-11 have been included in

the Health Department's Behavioral Health HEA002) Unit 8082 Adopted Budget. Approval of this

action has no impact on the Net County Contribution.

Rose-Moreno 755-4716

Management Analyst

Health  Behavioral Health

Date

Ray Bullick

Director of Health

rz-l17

Date

Attachment: Agreement is on file w/Clerk of the Board

cc: Charles J. McKee, County Counsel

Michael Miller, Auditor-Controller

 

 

BIB]

 

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CONTRIBUTION.-U012

 

 

SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: January 11, 2011  Consent AGENDA NO.:

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

Mental Health Services Agreement July 1, 2010 to June 30, 2013) with Fred

Finch Youth Center in the amount of $50,472 for FY 2010-11, $50,472 for FY

2011-12, and $50,472 for FY 2012-13 for a total Agreement amount of

$151,416, to replace agreement A-11198 which expired June 30, 2010; and

b. Authorize the Director of Health, to sign up to three future amendments to

this agreement where the amendments do not exceed 10% of the annual

amount, and do not significantly change the scope of work, or result in an

increase on net county contribution.

I DEPARTMENT: Health  Behavioral Health Bureau

RECOMMENDATION

It is recommended that the Board of Supervisors:

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

Services Agreement July 1, 2010 to June 30, 2013) with Fred Finch Youth Center in the amount

of $50,472 for FY 2010-11, $50,472 for FY 2011-12, and $50,472 for FY 2012-13 for a total

Agreement amount of $151,416, to replace agreement A-11198 which expired June 30, 2010; and

b. Authorize the Director of Health, to sign up to three future amendments to this agreement where

the amendments do not exceed 10% of the annual amount, and do not significantly change the

scope of work, or result in an increase on net county contribution.

SUMMARY/DISCUSSION

The County previously had Agreement A-11198 with Fred Finch Youth Center Fred Finch") which

expired June 30, 2010. The renewal of this contract has been delayed due to Fred Finch not

providing the appropriate insurance documentation as required by the County of Monterey. Fred

Finch will provide day treatment services full day), medication support, mental health, case

management, crisis management, and therapeutic behavioral services to youth that have been

diagnosed with both cognitive and developmental disabilities and have significant mental health

challenges that require a high level of care. Fred Finch's goal is to maximize residents' level of

functioning to enable them to a pattern of everyday living similar to that of non-disabled peers

enabling clients to return home or move to a lower level of care. Currently, there is no child placed at

this facility; however, there is one pending case that may require placement within the next couple of

weeks.

This Agreement contains the County's standard 30-day no cause" provision Paragraph IV,

Section B) and an additional defunding provision Paragraph IV, Section D), which provides the

County the ability to amend or terminate the Agreement in the event of a reduction or termination

of funding.

OTHER AGENCY INVOLVEMENT

The Auditor-Controller, County Counsel, and Risk Management have reviewed and approved this

Agreement as to fiscal provisions, legal form and insurance requirements, respectively. This

Agreement is on file with the Clerk of the Board.

 

 

BIB]

 

40575-U01

SIGNED-U02

BOARD-U02

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LI21329-U03

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FO97017-U03

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2012-13-U012

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$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

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2010;-U012

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SIGN-U012

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THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

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WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED BOARD REPORT"�|E���FINANCING

This Agreement is funded by Medi-Cal 95%) and Realignment 5%) for seriously emotionally

disturbed SED) children who are Medi-Cal eligible. Individuals with Disabilities Education Act

IDEA) funds pay 100% of SED children who are not Medi-Cal eligible. Services for Medi-Cal

eligible children who are not SED children are paid by Medi-Cal 95%) and Realignment 5%). The

amount of this Agreement is $50,472 for FY 2010-11, $50,472 for FY 2011-12 and $50,472 for FY

2012-13 for a total amount not to exceed $151,416. The funds for FY 2010-11 have been included in

the Health Department's Behavioral Health HEA002) Unit 8082 Adopted Budget. Approval of this

action has no impact on the Net County Contribution.

Rose"Moreno 755-4716

Management Analyst

Health  Behavioral Health

Date

Ray Bullick

Director of Health

rz  1~~,,D

Date

Attachment: Agreement is on file w/Clerk of the Board

cc: Charles J. McKee, County Counsel

Michael Miller, Auditor-Controller

 

 

BIB]

 

40575-U01

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THE-U012

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$50,472-U012

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2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

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$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

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DIRECTOR-U012

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SIGN-U012

UP-U012

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THREE-U012

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AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

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CONTRIBUTION.-U012

 

 

 

 

SIGNED AGREEMENT��"�|E�� �COUNTY OF MONTEREY

MENTAL HEALTH SERVICES AGREEMENT

Contract Number: b- t\ q t Z-

COUNTY Department Contract Representative:

Ray Bullick, Director of Health

1270 Natividad Road, Salinas, CA 93906

THIS CONTRACT is made and entered into by and between the COUNTY OF MONTEREY, a

political subdivision of the State of California hereinafter COUNTY") and doing business as

FRED FINCH YOUTH CENTER hereinafter CONTRACTOR").

RECITALS

WHEREAS, COUNTY desires to enter into an Agreement whereby CONTRACTOR will

provide community mental health services in accordance with the requirements of the Bronzan-

McCorquodale Act California Welfare and Institutions Code  5600, et seq.), Part 2.5 of Division 5

of the California Welfare & Institutions Code, and Titles 9 and 22 of the California Code of

Regulations; and

WHEREAS, CONTRACTOR is able to furnish such services under the terms and conditions

of this Agreement and in accordance with applicable law, including all federal and state rules and

regulations pertaining to the provision of Medi-Cal services.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. SERVICES TO BE PROVIDED

CONTRACTOR shall provide the services set forth in this Agreement, including the

program services detailed in Exhibit A, to the recipient population and to the COUNTY, in

compliance with the terms of this Agreement. These services can be summarized as

follows: CONTRACTOR will provide Short-Doyle/Medi-Cal Day Treatment Intensive

Full Day), Medication Support, Mental Health Services, Case Management Services,

and Crisis Intervention for youth.

H. EXHIBITS

The following exhibits are attached and incorporated by reference as 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

*Approved by County Board of Supervisors on 1  I'

Fred Finch Youth Center FY 2010-13 1

 

 

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DO-U012

EXCEED-U012

10%-U012

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THE-U012

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SIGNIFICANTLY-U012

CHANGE-U012

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SCOPE-U012

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SIGNED AGREEMENT��"�|E�� �EXHIBIT E: ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE

REHABILITATION ACT OF 1973, AS AMENDED

EXHIBIT F: ASSURANCE OF COMPLIANCE WITH MONTEREY COUNTY

CULTURAL COMPETENCY POLICY

EXHIBIT G: BUSINESS ASSOCIATE AGREEMENT

III. PAYMENT BY COUNTY

A Payment shall be made pursuant to the terms and conditions set forth in Exhibit B

attached hereto and by this reference made a part hereof.

B CONTRACTOR shall hold harmless the State of California and any recipients of

services in the event COUNTY does not reimburse CONTRACTOR for services

performed under this Agreement.

IV. TERM AND TERMINATION

A Term. This Agreement shall be effective July 1, 2010 and shall remain in effect

until June 30, 2013.

B Termination without Cause. Either party may terminate this Agreement at any time

without cause by serving thirty 30) days' advance written notice upon the other

party. The notice shall state the effective date of the termination.

C Termination with Cause. COUNTY may cancel and terminate this Agreement for

good cause immediately upon written notice to CONTRACTOR. Good cause"

includes, but is not limited to, failure of CONTRACTOR to perform a material

requirement of the Agreement. Good cause" shall also include CONTRACTOR's

failure to implement corrective action in a timely fashion pursuant to Section IX of

this Agreement.

D Reduction and/or Termination of Government Funding. Notwithstanding any other

provision of this Agreement, if the state or federal government terminates or reduces

its funding to the COUNTY for services that are to be provided under this

Agreement, then COUNTY may, after consultation with the CONTRACTOR, elect

to terminate this Agreement by giving written notice of termination to

CONTRACTOR effective immediately or on such other date as COUNTY specifies

in the notice. Alternatively, it is mutually agreed that the Agreement shall be

amended to reflect any reduction in funding.

E Survival of Obligations after Termination. Upon termination of this Agreement,

COUNTY will no longer refer clients to the CONTRACTOR under this Agreement,

and the rights and duties of the parties shall be terminated, except that the following

obligations shall survive termination:

1 CONTRACTOR shall, pursuant to this Agreement and upon approval of the

Behavioral Health Director, continue treatment of clients then receiving care

from CONTRACTOR until completion of treatment or until continuation of

the client's care by another provider can be arranged by COUNTY;

Fred Finch Youth Center, FY2010-13 2

Mental Health Services Agreement

 

 

BIB]

 

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SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

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A-11198-U012

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DO-U012

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SIGNED AGREEMENT��"�|E�� �2. COUNTY shall arrange for such transfer of treatment no later than sixty 60)

days after Agreement tern-iination if the clients' treatment is not by then

completed;

3. COUNTY, any payer, and CONTRACTOR will continue to remain obligated

under this Agreement with regard to payment for services rendered prior to

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

except that COUNTY's post-termination payment obligations shall not

exceed ten percent 10%) of the maximum amount payable to the

CONTRACTOR under this Agreement as specified in Exhibit B;

4. CONTRACTOR will continue to remain obligated with respect to the

confidentiality and auditing requirements of this Agreement.

V. COMPLIANCE WITH APPLICABLE LAW AND TERMS OF GRANT

A Compliance with Law. In providing services under this Agreement, CONTRACTOR

shall comply with all applicable laws, regulations, and administrative requirements

adopted by federal, state, and local governments including, but not limited to,

Welfare and Institutions Code, Divisions 5, 6, and 9; California Code of Regulations,

Titles 9 and 22; any Short-Doyle and Short-Doyle/Medi-Cal policies as identified in

Department of Mental Health letters and in the Cost Reporting/Data Collection

CR/DC) Manual. In addition, if CONTRACTOR is providing Medi-Cal services

pursuant to this Agreement, CONTRACTOR shall comply with Title XIX of the

Social Security Act, and all other applicable federal laws, regulations and guidelines

pertaining to federally funded mental health programs, including all requirements

necessary for Medicaid/Medi-Cal reimbursement for mental health treatment

services.

B Compliance with Terms of State and/or Federal Grants. If this Agreement is funded

with monies received by the COUNTY pursuant to contract(s) with the state and/or

federal government in which the COUNTY is the grantee, CONTRACTOR will

comply with all provisions of said contract(s), to the extent applicable to

CONTRACTOR as a subgrantee under said contract(s), and said provisions shall be

deemed a part of this Agreement as if fully set forth herein. Upon request,

COUNTY will deliver a copy of said contract(s) to CONTRACTOR at no cost to

CONTRACTOR.

VI. LICENSURE AND STAFFING REQUIREMENTS

A Licensure and Certification. CONTRACTOR shall furnish qualified professional

personnel as prescribed by Title 9 of the California Code of Regulations, the

Business and Professions Code, the Welfare and Institutions Code, and all other

applicable laws for the type of services rendered under this Agreement. All

personnel providing services pursuant to this Agreement shall be fully licensed in

accordance with all applicable law and shall remain in good professional standing

throughout the entire duration of this Agreement. CONTRACTOR shall comply

with all COUNTY and state certification and licensing requirements and shall ensure

that all services delivered by staff are within their scope of licensure and practice.

Fred Finch Youth Center, FY2010-13 3

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

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$50,472-U012

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2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

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2012-13-U012

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EXCEED-U012

10%-U012

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THE-U012

ANNUAL-U012

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SIGNIFICANTLY-U012

CHANGE-U012

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SIGNED AGREEMENT��"�|E�� �B Staffing. CONTRACTOR shall ensure that all personnel, including any

subcontractors performing services under this Agreement, receive appropriate

training and supervision. CONTRACTOR shall also maintain appropriate levels of

staffing at all times when performing services under this Agreement.

VII. PATIENT RIGHTS

A CONTRACTOR shall comply with all applicable patients' rights laws including, but

not limited to, the requirements set forth in Welfare and Institutions Code, Division

5, Part 1, sections 5325, et seq., and California Code of Regulations, Title 9, Division

1, Chapter 4, Article 6  860, et seq.).

B As a condition of reimbursement under this Agreement, CONTRACTOR shall

ensure that all recipients of services under this Agreement shall receive the same

level of services as other patients served by CONTRACTOR. CONTRACTOR shall

ensure that recipients of services under this Agreement are not discriminated against

in any manner including, but not limited to, admissions practices, evaluation,

treatment, access to programs and or activities, placement in special wings or rooms,

and the provision of special or separate meals.

VIII. MAINTENANCE AND CONFIDENTIALITY OF PATIENT INFORMATION

A CONTRACTOR shall maintain clinical records for each recipient of service in

compliance with all state and federal requirements. Such records shall include a

description of all services provided by the CONTRACTOR in sufficient detail to

make possible an evaluation of services, and all data necessary to prepare reports to

the State, including treatment plans, records of client interviews, and progress notes.

CONTRACTOR shall retain clinical records for a minimum of seven 7) years and,

in the case of minors, for at least one 1) year after the minor has reached the age of

majority, but for a period of no less than seven years.

B CONTRACTOR shall comply with the confidentiality requirements set forth in

Exhibit C and incorporated by reference as if fully set forth herein.

IX. CONTRACT MONITORING AND QUALITY CONTROL

A The State Department of Mental Health, COUNTY, and other appropriate state and

federal agencies shall have the right to inspect and evaluate the quality,

appropriateness and timelines of services performed under this Agreement.

B The Behavioral Health Director shall assign a Contract Monitor to ensure

compliance with the terms and conditions of this Agreement. The Contract Monitor

and CONTRACTOR shall meet at intervals deemed appropriate by COUNTY. In

addition, the Contract Monitor shall review at regular intervals all statistical reports,

financial records, clinical records, and other documents concerning services provided

under this Agreement. In addition, CONTRACTOR shall at all times cooperate with

the COUNTY's Quality Improvement QI") Plan.

Fred Finch Youth Center, FY 2010-13 4

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BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

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DO98166-U03

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BORENM-U04

15923-U05

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AUTHORIZE-U07

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$50,472-U012

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2011-12,-U012

$50,472-U012

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2012-13-U012

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THE-U012

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DO-U012

EXCEED-U012

10%-U012

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THE-U012

ANNUAL-U012

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SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

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IN-U012

AN-U012

INCREASE-U012

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CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �C CONTRACTOR shall conduct reviews at regular intervals of the quality and

utilization of services for all recipients of service under this Agreement.

CONTRACTOR shall furnish all required data and reports in compliance with State

Department of Mental Health Client and Service Information System CSI"). Units

of time reporting, as stipulated in the Cost Reporting/Data Collection CR/DC")

manual, are subject to special review and audit.

D If the COUNTY discovers any practice, procedure, or policy of the CONTRACTOR

which deviates from the requirements of this Agreement, violates federal or state

law, threatens the success of the program conducted pursuant to this Agreement,

jeopardizes the fiscal integrity of such program, or compromises the health or safety

of recipients of service, the COUNTY may require corrective action, withhold

payment in whole or in part, or terminate this Agreement immediately. If COUNTY

notifies CONTRACTOR that corrective action is required, CONTRACTOR shall

promptly initiate and correct any and all discrepancies, violations or deficiencies to

the satisfaction of the COUNTY within thirty 30) days, unless the COUNTY

notifies the CONTRACTOR that it is necessary to make corrections at an earlier date

in order to protect the health and safety of recipients of service.

E If CONTRACTOR is an in-patient facility, CONTRACTOR shall submit its patient

admissions and length of stay requests for utilization review through existing

hospital systems or professional standards review organizations.

X. REPORTS OF DEATH, INJURY, DAMAGE, OR ABUSE

A Reports of Death, Injury, or Damage. If death, serious personal injury, or substantial

property damage occur in connection with the performance of this Agreement,

CONTRACTOR shall immediately notify the Behavioral Health Director by

telephone. In addition, CONTRACTOR shall promptly submit to COUNTY a

written report including: 1) the name and address of the injured/deceased person; 2)

the time and location of the incident; 3) the names and addresses of

CONTRACTOR's employees or agents who were involved with the incident; 4) the

names of COUNTY employees, if any, involved with the incident; and 5) a detailed

description of the incident.

B Child Abuse Reporting. CONTRACTOR shall ensure that all known or suspected

instances of child abuse or neglect are promptly reported to proper authorities as

required by the Child Abuse and Neglect Reporting Act, Penal Code  11164, et seq.

CONTRACTOR shall require that all of its employees, consultants, and agents

performing services under this Agreement who are mandated reporters under the Act

sign statements indicating that they know of and will comply with the Act's

reporting requirements.

Fred Finch Youth Center, FY2010-13 5

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

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15923-U05

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A.-U07

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30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

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2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

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AMOUNT-U012

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$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

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UP-U012

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THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

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WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �C Elder Abuse Reporting. CONTRACTOR shall ensure that all known or suspected

instances of abuse or neglect of elderly people 65 years of age or older and

dependent adults age 18 or older are promptly reported to proper authorities as

required by the Elder Abuse and Dependent Adult Protection Act Welfare and

Institutions Code  15600 Code, et seq.). CONTRACTOR shall require that all of its

employees, consultants, and agents performing services under this Agreement who

are mandated reporters under the Act sign statements indicating that they know of

and will comply with the Act's reporting requirements.

XI. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the County,

its officers, agents, and employees, from and against any and all claims, liabilities, and losses

whatsoever including damages to property and injuries to or death of persons, court costs, and

reasonable attorneys' fees) occurring or resulting to any and all persons, firms or corporations

furnishing or supplying work, services, materials, or supplies in connection with the performance of

this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any

person, firm, or corporation for damage, injury, or death arising out of or connected with the

CONTRACTOR's performance of this Agreement, unless such claims, liabilities, or losses arise out

of the sole negligence or willful misconduct of the County. CONTRACTOR's performance"

includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's

officers, employees, agents and subcontractors.

XII. INSURANCE.

A Evidence of Coverage:

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of

Insurance" certifying that coverage as required herein has been obtained. Individual

endorsements executed by the insurance carrier shall accompany the certificate. In addition

a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the County's, Contracts/Purchasing

Department, unless otherwise directed. The Contractor shall not receive a Notice to

Proceed" with the work under this Agreement until it has obtained all insurance required and

such, insurance has been approved by the County. This approval of insurance shall neither

relieve nor decrease the liability of the Contractor.

B Qualifying Insurers:

All coverage's, except surety, shall be issued by companies which hold a current policy

holder's alphabetic and financial size category rating of not less than A- VII, according to

the current Best's Key Rating Guide or a company of equal financial stability that is

approved by the County's Purchasing Manager.

C Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify,

CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or

policies of insurance with the following minimum limits of liability:

Commercial general liability insurance, including but not limited to premises and operations,

including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual

Liability, Broadform Property Damage, Independent Contractors, Products and Completed

Operations, with a combined single limit for Bodily Injury and Property Damage of not less

than $1,000,000 per occurrence.

Exemption/Modification Justification attached; subject to approval).

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

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

Fred Finch Youth Center, FY 2010-13 6

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

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THE-U012

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EXCEED-U012

10%-U012

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THE-U012

ANNUAL-U012

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SIGNIFICANTLY-U012

CHANGE-U012

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SIGNED AGREEMENT��"�|E�� �with a combined single limit for Bodily Injury and Property Damage of not less than

$1,000,000 per occurrence.

CSI Exemption/Modification Justification attached; subject to approval).

Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of

this Agreement, in accordance with California Labor Code section 3700 and with

Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident

and $1,000,000 each disease.

ID Exemption/Modification Justification attached; subject to approval).

Professional liability insurance, if required for the professional services being provided,

e.g., those persons authorized by a license to engage in a business or profession regulated

by the California Business and Professions Code), in the amount of not less than $1,000,000

per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or

omissions made in the course of rendering professional services. If professional liability

insurance is written on a claims-made" basis rather than an occurrence basis, the

CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain

extended reporting coverage tail coverage") with the same liability limits. Any such tail

coverage shall continue for at least three years following the expiration or earlier termination

of this Agreement.

D Exemption/Modification Justification attached; subject to approval).

D Other Insurance Requirements.

All insurance required by this Agreement shall be with a company acceptable to the County

and issued and executed by an admitted insurer authorized to transact Insurance business in

the State of California. Unless otherwise specified by this Agreement, all such insurance

shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis,

such policy with the coverage required herein shall continue in effect for a period of three

years following the date CONTRACTOR completes its performance of services under this

Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least

thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or

intended non-renewal thereof. Each policy shall provide coverage for Contractor and

additional insureds with respect to claims arising from each subcontractor, if any,

performing work under this Agreement, or be accompanied by a certificate of insurance

from each subcontractor showing each subcontractor has identical insurance coverage to the

above requirements.

Commercial general liability and automobile liability policies shall provide an endorsement

naming the County of Monterey, its o cers agents, and employees as Additional Insureds

with respect to liability arising out of the CONTRACTOR'S work, including onoing and

completed operations, 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. The required endorsement form for Commercial General

Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem

with CG 20 37 10 01 2000). The required endorsement form for Automobile Additional

Insured endorsement is ISO Form CA 20 48 02 99.

Prior to the execution of this Agreement by the County, CONTRACTOR shall file

certificates of insurance with the County's contract administrator and County's

Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance

Fred Finch Youth Center, FY 2010-13 7

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

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2/1/2011-U04

BORENM-U04

15923-U05

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FRED-U012

FINCH-U012

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$50,472-U012

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$50,472-U012

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2011-12,-U012

$50,472-U012

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AGREEMENT-U012

AMOUNT-U012

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$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

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FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

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EXCEED-U012

10%-U012

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THE-U012

ANNUAL-U012

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SIGNIFICANTLY-U012

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CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �required by this Agreement. The CONTRACTOR shall file a new or amended certificate of

insurance within five calendar days after any change is made in any insurance policy, which

would alter the information on the certificate then on file. Acceptance or approval of

insurance shall in no way modify or change the indemnification clause in this Agreement,

which shall continue in full force and effect.

CONTRACTOR shall at all times during the term of this Agreement maintain in force the

insurance coverage required under this Agreement and shall send, without demand by

County, annual certificates to County's Contract Administrator and County's

Contracts/Purchasing Division. If the certificate is not received by the expiration date,

County shall notify CONTRACTOR and CONTRACTOR shall have five calendar days to

send in the certificate, evidencing no lapse in coverage during the interim. Failure by

CONTRACTOR to maintain such insurance is a default of this Agreement, which entitles

County, at its sole discretion, to terminate this Agreement immediately.

XIII. ANNUAL COST REPORT

A Submission of Year-End Cost Report. For each fiscal year or portion thereof that

this Agreement is in effect, CONTRACTOR shall provide to the COUNTY one 1)

original and one 1) copy of an annual cost report within ninety 90) days following

the close of each fiscal year. Such reports shall be prepared in accordance with

generally accepted accounting principles, cost report forms, and instructions

provided by the COUNTY.

B Submission of Cost Report Upon Early Termination. If this Agreement is terminated

or canceled prior to June 30th of any year, CONTRACTOR shall prepare a cost

report for the Agreement period which ends on the termination or cancellation date,

and shall submit two 2) copies of that report to the COUNTY within sixty 60) days

after the termination or cancellation date.

C Reimbursement for Medi-Cal Services. If CONTRACTOR is seeking

reimbursement for Medi-Cal services provided pursuant to this Agreement,

reimbursement for such services shall be based upon the lower of the actual cost of

providing those services as determined by the cost report or CONTRACTOR's usual

and customary charges for such services. No amount of reimbursement for Medi-Cal

services shall exceed the Schedule of Maximum Allowance SMA) as established

annually by the State Department of Mental Health for Short-Doyle/Medi-Cal

services.

Fred Finch Youth Center, FY 2010-13 $

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

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$50,472-U012

FY-U012

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$50,472-U012

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2011-12,-U012

$50,472-U012

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2012-13-U012

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TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

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$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

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THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

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THE-U012

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CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E��                      �D Reimbursement by CONTRACTOR of Overpayment of Medi-Cal Costs. If, as a

result of the cost report, a discrepancy is found between the total allowable Medi-Cal

costs paid to the CONTRACTOR and the total allowable Medi-Cal costs that should

have been reported, the CONTRACTOR shall reimburse the amount of the

overpayment in a single payment to the COUNTY within thirty 30) days after the

COUNTY notifies the CONTRACTOR of the interim settlement with the State of

California. As an alternative or supplemental remedy, the COUNTY may elect to

recover all of part of the overpayment by means of an offset against any payments

then or thereafter owing to the CONTRACTOR by the COUNTY under this or any

other contract.

XIV. ACCESS TO AND AUDIT OF RECORDS

A Maintenance of Records. CONTRACTOR shall maintain records indicating the

nature and extent of all services performed and all payments received under this

Agreement for a period of five 5) years after completion of all services pursuant to

this Agreement or until all disputes, claims, litigation, or audits have been resolved,

whichever occurs later. CONTRACTOR shall maintain such records in a form

comporting with generally accepted standards and applicable law. Government

Code  8546.7 makes any expenditure of public funds over $10,000 subject to the

examination and audit of the State Auditor for a period of three 3) years after final

payment under the Agreement.

B Right to Inspect Records. The COUNTY, State Department of Mental Health, the

Comptroller General of the United States, the U.S. Department of Health and Human

Services, and other authorized federal and state agencies shall have the right to

inspect any and all books, records, and facilities maintained by CONTRACTOR

during normal business hours to evaluate the use of funds and the cost, quality,

appropriateness, and timeliness of services.

C Overpayment. If the results of any audit show that the funds paid to CONTRACTOR

under this Agreement exceeded the amount due, then CONTRACTOR shall pay the

excess amount to COUNTY in cash not later than sixty 60) days after the final audit

settlement; or, at COUNTY'S election, COUNTY may recover the excess or any

portion of it by offsets made by COUNTY against any payment(s) owed to

CONTRACTOR under this or any other Agreement.

D Responsibility for Audit Exceptions. Any and all audit exceptions by COUNTY or

any state or federal agency resulting from an audit of CONTRACTOR's performance

of this Agreement, or actions by CONTRACTOR, its officers, agents, and employees

shall be the sole responsibility of the CONTRACTOR.

E Availability of Records for Grievances and Complaints by Recipients of Service.

CONTRACTOR shall ensure the availability of records for the prompt handling of

grievances or complaints filed by recipients of services. Release of records shall be

subject to the confidentiality provisions set forth in this Agreement.

Fred Finch Youth Center, FY2010-13 9

Mental Health Services Agreement

 

 

BIB]

 

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EXCEED-U012

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SIGNED AGREEMENT��"�|E��

 �F Reports. CONTRACTOR shall prepare any reports and furnish all information

required for reports to be prepared by the COUNTY as may be required by the State

of California or applicable law.

XV. NON-DISCRIMINATION

A Non-discrimination. During the performance of this Agreement, CONTRACTOR

shall not unlawfully discriminate against any person because of race, religion, color,

national origin, ancestry, mental or physical handicap, medical condition, marital

status, age over 40), sex, or sexual preference, either in CONTRACTOR's

employment practices or in the furnishing of services to recipients. CONTRACTOR

shall insure that the evaluation and treatment of its employees and applicants for

employment and all persons receiving and requesting services are free of such

discrimination. The provision of services primarily or exclusively to such target

population as may be designated in this Agreement shall not be deemed to be

unlawful discrimination. In addition, CONTRACTOR's facility access for the

disabled shall comply with  504 of the Rehabilitation Act of 1973, as amended 29

U.S.C. 794).

B Discrimination defined. The term discrimination," as used in this Agreement, is the

same term that is used in Monterey County Code, Chapter 2.80 Procedures for

Investigation and Resolution of Discrimination Complaints"); it means the illegal

denial of equal employment opportunity, harassment including sexual harassment

and violent harassment), disparate treatment, favoritism, subjection to unfair or

unequal working conditions, and/or discriminatory practice by any Monterey County

official, employee or agent, due to an individual's race, color, ethnic group, national

origin, ancestry, religious creed, sex, sexual preference, age, veteran's status, cancer-

related medical condition, physical handicap including AIDS) or disability. The

term also includes any act of retaliation.

C Application of Monterey County Code Chapter 2.80. The provisions of Monterey

County Code Chapter 2.80 apply to activities conducted pursuant to this Agreement.

CONTRACTOR and its officers and employees, in their actions under this

Agreement, are agents of the COUNTY within the meaning of Chapter 2.80 and are

responsible for ensuring that their workplace and the services that they provide are

free from discrimination, as required by Chapter 2.80. Complaints of discrimination

made by recipients of services against CONTRACTOR may be pursued by using the

procedures established by or pursuant to Chapter 2.80. CONTRACTOR shall

establish and follow its own written procedures for prompt and fair investigation and

resolution of discrimination complaints made against CONTRACTOR by its own

employees and agents or recipients of services pursuant to this Agreement, and

CONTRACTOR shall provide a copy of such procedures to COUNTY on demand

by COUNTY.

D Compliance with Applicable Law. During the performance of this Agreement,

CONTRACTOR shall comply with all applicable federal, state and local laws and

regulations which prohibit discrimination including, but not limited to, the following:

1. California Code of Regulations, Title 9,  526, 527;

Fred Finch Youth Center, FY 2010-13 10

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

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THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

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ANNUAL-U012

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SIGNIFICANTLY-U012

CHANGE-U012

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INCREASE-U012

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CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E��
�2. California Fair Employment and Housing Act, Govt. Code  12900, et seq.),

and the administrative regulations issued thereunder, Cal. Code of

Regulations, Title 2,  7285, et seq.;

3. Govt. Code  11135-11139.5 Title 2, Div. 3, Part 1, Chap. 1, Art. 9.5) and

any applicable administrative rules and regulations issued under these

sections;

4. Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42

U.S.C.  2000(d), et seq.), as amended, and all administrative rules and

regulations issued thereunder see especially 45 C.F.R. Parts 80);

5. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended 29

U.S.C.  793 and 794); all requirements imposed by the applicable HHS

regulations 45 C.F.R. Part 84); and all guidelines and interpretations issued

pursuant thereto;

6. Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., and 47

U.S.C.  225 and 611, and any federal regulations issued pursuant thereto

see 24 C.F.R. Chapter 1; 28 C.F.R. Parts 35 and 36; 29 C.F.R. Parts 1602,

1627, and 1630; and 36 C.F.R. Part 1191);

7. Unruh Civil Rights Act, Cal. Civil Code  51, etseq.; and

8. Government Code section 12900 A-F) and California Code of Regulations,

Title 2, Division 4, Chapter 5.

In addition, the applicable regulations of the Fair Employment and Housing

Commission implementing Government Code  12990 as set forth in Chapter 5,

Division 4 of Title 2 of the California Code of Regulations are incorporated into this

Agreement by reference and made a part hereof as if set forth in full.

E Written Assurance. Upon request by COUNTY, CONTRACTOR will give any

written assurances of compliance with the Civil Rights Acts of 1964 and 1991, the

Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of

1990, as may be required by the federal government in connection with this

Agreement, pursuant to 45 C.F.R. sec. 80.4 or C.F.R.  84.5 or other applicable state

or federal regulations.

F Written Statement of Non-discrimination Policies. CONTRACTOR shall maintain a

written statement of its non-discrimination policies and procedures. Such statement

shall be consistent with the terms of this Agreement and shall be available to

CONTRACTOR's employees, recipients of services, and members of the public

upon request.

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

under this section to labor organizations with which it has a collective bargaining or

other agreement.

Fred Finch Youth Center, FY2010-13 11

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

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THE-U012

SCOPE-U012

OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E��

 �H Access to Records by Government Agencies. CONTRACTOR shall permit access

by COUNTY and by representatives of the State Department of Fair Employment

and Housing and any state or federal agency providing funds for this contract upon

reasonable notice at any time during normal business hours, but in no case less than

24 hours' notice, to such of its books, records, accounts, facilities, and other sources

of information as the inspecting party may deem appropriate to ascertain compliance

with these nondiscrimination provisions.

I Binding on Subcontractors. The provisions above shall also apply to all of

CONTRACTOR's subcontractors who provide services pursuant to this Agreement.

CONTRACTOR shall include the non-discrimination and compliance provisions set

forth above in all its subcontracts to perform work or provide services under this

Agreement.

XVI. CULTURAL COMPETENCY AND LINGUISTIC ACCESSIBILITY

A CONTRACTOR shall provide services in a culturally competent manner to assure

access to services by all eligible individuals as required by Department of Mental

Health regulations and policies and other applicable laws. Cultural competency is

defined as a congruent set of practice skills, behaviors, attitudes, and policies that

enable staff to work effectively in providing contractual services under this

Agreement in cross-cultural situations. Specifically, CONTRACTOR'S provision of

services shall acknowledge the importance of culture, adapt services to meet

culturally unique needs, and promote congruent skills, behaviors, attitudes, and

policies enabling all persons providing services to function effectively in cross-

cultural situations.

B CONTRACTOR shall provide linguistically accessible services to assure access to

services by all eligible individuals as required by Department of Mental Health

regulations and policies and other applicable laws. Specifically, CONTRACTOR

shall provide services to eligible individuals in their primary language through

linguistically proficient staff or interpreters. Family members, friends, or neighbors

may be used as interpreters only in emergency situations.

C For the purposes of this Section, access" is defined as the availability of medically

necessary mental health services in a manner that promotes, provides the opportunity

for and facilitates their use.

XVII. DRUG FREE WORKPLACE

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

Drug-Free Workplace Act of 1990, Government Code sections 8350, et seq., to provide a

drug-free workplace by doing all of the following:

A Publishing a Statement notifying employees that the unlawful manufacture,

distribution, dispensation, possession, or use of a controlled substance is prohibited

in the person's or organization's workplace and specifying the actions that will be

taken against employees for violations of the prohibitions.

Fred Finch Youth Center, FY 2010-13 12

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E��

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

following:

1. The dangers of drug abuse in the workplace;

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

3. Any available drug counseling, rehabilitation, and employees assistance

programs;

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

5. Requiring that each employee engaged in the performance of the Agreement

or grant be given a copy of the company's drug-free policy statement and

that, as a condition of employment on the contract or grant, the employee

agrees to abide by the terms of the statement.

XVIII. INDEPENDENT CONTRACTOR

In the performance of work, duties, and obligations under this Agreement, CONTRACTOR

is at all times acting and performing as an independent contractor and not as an employee of

the COUNTY. No offer or obligation of permanent employment with the COUNTY or

particular COUNTY department or agency is intended in any manner, and CONTRACTOR

shall not become entitled by virtue of this Agreement to receive from COUNTY any form of

employee benefits including, but not limited to sick leave, vacation, or retirement benefits,

workers' compensation coverage, insurance, disability benefits, or social security benefits,

or unemployment compensation or insurance. CONTRACTOR shall be solely liable for and

obligated to pay directly all applicable taxes including, but not limited to, federal and state

income taxes and social security, arising out of CONTRACTOR's compensation for

performance of this Agreement. In connection therewith, CONTRACTOR shall defend,

indemnify, and hold the COUNTY harmless from any and all liability COUNTY may incur

because of CONTRACTOR's failure to pay such taxes when due.

XIX. SUBCONTRACTING

CONTRACTOR may not subcontract any services under this Agreement without

COUNTY's prior written authorization. At any time, COUNTY may require a complete

listing of all subcontractors employed by the CONTRACTOR for the purpose of fulfilling

its obligations under the terms of this Agreement. CONTRACTOR shall be legally

responsible for subcontractors' compliance with the terms and conditions of this Agreement

and with applicable law. All subcontracts shall be in writing and shall comply with all

COUNTY requirements, state requirements, and applicable law. In addition,

CONTRACTOR shall be legally responsible to COUNTY for the acts and omissions of any

subcontractors and persons either directly or indirectly employed by them.

XX. GENERAL PROVISIONS

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

writing signed by all the parties hereto.

Fred Finch Youth Center, FY2010-13 13

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �B Waiver. Any waiver of any terms and conditions of this Agreement must be in

writing and signed by the parties hereto. A waiver of any of the terms and conditions

of this Agreement shall not be construed as a waiver of any other terms or conditions

in this Agreement.

C Assignment. This Agreement shall not be assigned by CONTRACTOR, either in

whole or in part, without the prior written consent of the COUNTY. Any assignment

without such consent shall automatically terminate this Agreement.

D Contractor. The term CONTRACTOR" as used in this Agreement includes

CONTRACTOR's officers, agents, and employees acting on CONTRACTOR's

behalf in the performance of this Agreement.

E Headings. The section and paragraph headings are for convenience only and shall

not be used to interpret the terms of this Agreement.

F Counterparts. This Agreement may be executed in two or more counterparts, each of

which shall be deemed an original, but all of which together shall constitute one and

the same Agreement.

G Authority. Any individual executing this Agreement on behalf of an entity

represents and warrants hereby that he or she has the requisite authority to enter into

this Agreement on behalf of such entity and bind the entity to the terms and

conditions of the same.

H Integration. This Agreement, including the exhibits hereto, shall represent the entire

Agreement between the parties with respect to the subject matter hereof and shall

supersede all prior negotiations, representations, and/or agreements, either written or

oral, between the parties as of the effective date hereof.

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

laws of the State of California.

J Non-exclusive Agreement. This Agreement is non-exclusive and both parties

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

services.

K Construction of Agreement. The parties agree that each party has fully participated

in the review and revision of this Agreement and that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not apply in

the interpretation of this Agreement or any amendment hereto.

L Severability. In the event of changes in law that effect the provisions of this

Agreement, the parties agree to amend the affected provisions to conform to the

changes in the law retroactive to the effective date of such changes in law. The

parties further agree that the terms of this Agreement are severable and, in the event

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

this Agreement will remain in full force and effect.

Fred Finch Youth Center, FY2010-13 14

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �M Time is of the essence. Time is of the essence in each and all of the provisions of this

Agreement.

XXI. NOTICES AND DESIGNATED LIAISONS

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

delivered by certified mail, return receipt requested, addressed to:

COUNTY OF MONTEREY

Wayne W. Clark

Behavioral Health Director

1270 Natividad Road

Salinas, CA 93906

831) 755-4509

CONTRACTOR

Vonza Thompson

President and CEO

3800 Coolidge Avenue

Oakland, CA 94602-3399

510) 482-2244

This space is left blank, intentionally.

Fred Finch Youth Center, FY2010-13

15

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

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DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

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WORK,-U012

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ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

COUNTY OF MONTEREY

By:

Mike Derr, Purchasing Manager

Date:

By:

Date:

Robert C. Egnew, Interim Director of Health

Approved as to Form

By:

2

Stacy L. Saetta, Deputounty Counsel

Date: k

Approved as to Fisctl PjovisiFn

By:

Date:

4MB

 

Approved asA? 9MT iTQr~NDEMNITY/

INSURANCE LANGUAGE

Bv: 1.-,(

Ste A aDl a u an l_ AVk an a 7ement

ement

Date: Date: A  /0

Approved as to Co t

By:  r

ne Cl k, Beha oral ealth Director

Date: 1011Z/M i o

CONTRACTOR

FRED FINCH YOUTH CENTER

Contractor,

By:

Date:

By:

Signature of Secretary, Asst. Secr'e

Asst. Treasurer)*

SL

Name and Title l

Date: 01  l C Q

County Board of Supervisors' Agreement Number:

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of the

corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the

partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on behalf of the partnership.

Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9.

z

Approval by County Counsel is necessary only if changes are made to the standard provisions of the MHSA.

Fred Finch Youth Center, FY 2010-13 16

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �EXHIBIT A:

PROGRAM DESCRIPTION

1. IDENTIFICATION OF PROVIDER

Fred Finch Youth Center

3800 Coolidge Avenue

Oakland, CA 94602-3399

510) 482-2244

II. PROGRAM NARRATIVE

Contractor will provide Day Treatment Intensive Full Day), Medication Support, Mental

Health Services, Case Management Services, and Crisis Intervention Services to youth that

require the highest level of residential care RCL-14) or would require periodic inpatient

hospitalization, placement at out-of-state facilities, or in a juvenile justice facility.

III. PROGRAM GOALS

Provide the child/youth with skills to effectively manage the behavior(s) or symptom(s) that

is/are a barrier to achieving residence in the lowest appropriate level.

IV. OBJECTIVES

A. Reduce child/youth's impulsive behaviors

B. Reduce child/youth's inappropriate responses to stressful situations

C. Teach child/youth pro-social skills and community competencies

D. Provide parents/caregivers skills and strategies to provide continuity of care when services

are discontinued

V. TREATMENT SERVICES

Estimated Units of Service Per Year:

 FY 2010-13

Service Description Estimated Units of Service Per Year

Day Treatment Intensive Full 120

Day)

Mental Health Services Minutes):

Collateral

Assessment

 

Individual Therapy 1,320

Group Therapy

Plan Development

Medication Support Services 300

Minutes)

Case Management/ Brokerage

Minutes) 660

Crisis Intervention Minutes) 300

Therapeutic Behavioral Services

Minutes) 7,200

Fred Finch Youth Center, FY2010-13 Exhibit A-I

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

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TO-U012

THREE-U012

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DO-U012

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THE-U012

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ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �B. Delivery Site: 3800 Coolidge Ave, Oakland, CA 94602

C. Hours of Operation: Day Treatment Intensive DT) services shall operate more than 4 hours

per day, seven days per week. Mental Health services will be provided outside of day

treatment hours. Individual therapy when provided) is inclusive in the full day DT

programs. Medication Support services will be available by appointment. Case

Management, Brokerage and TBS services are provided as designated on the service plan.

Crisis Intervention shall be available on an as need basis.

VI. POPULATION/CATCHMENT AREA TO BE SERVED

All eligible full scope Medi-Cal residents of Monterey County.

VII. FINANCIAL ELIGIBILITY

Monterey County youth that are full scope Medi-Cal eligible or are eligible through the

Individual Educational Plan IEP) process.

VIII. CLIENT DESCRIPTION/CHARACTERISTICS

The program serves male and female clients, age 12 through 17-1/2 with:

A. Severe emotional and behavioral disturbances;

B. Cognitive/Development disability;

C. Axis I diagnosis indicating mental impairment or behavioral disturbance and

substantial impairment in:

1. Two of the following areas:

a. Self care

b. Family relationships

c. Ability to function in the community and/or

d. School functioning; and

2. One or all of the following:

a. Severe acting out episodes

b. History of self-destructive behavior

c. Catastrophic reactions to every day occurrences and/or

d. History of inpatient hospitalization

LX. LEGAL STATUS

Voluntary or juvenile dependents and wards W&I Code, Sections 300 et seq. and Sections

601 and 602 et seq.)

X. DESIGNATED CONTRACT MONITOR

Marti Barton, BH Services Childrens Program Manager

Children's Behavioral Health

951 Blanco Circle, Suite B

Salinas, CA 93901

831) 784-2180

Fred Finch Youth Center, FY2010-13 Exhibit A-2

Mental Health Services Agreement

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

OF-U012

THE-U012

ANNUAL-U012

AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

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THE-U012

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OF-U012

WORK,-U012

OR-U012

RESULT-U012

IN-U012

AN-U012

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ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �EXHIBIT B:

PAYMENT PROVISIONS

1. PAYMENT TYPE

Cost Reimbursed CR) up to maximum contract amount

II. PAYMENT CONDITIONS

A In order to receive any payment under this Agreement, CONTRACTOR shall submit

reports and claims in such form as may be required by the County of Monterey

Department of Health, Behavioral Health Bureau. Specifically, CONTRACTOR

shall submit Exhibit C so as to reach the Behavioral Health Bureau no later than the

30th day of the month following the month of service. Upon termination of this

Agreement, CONTRACTOR shall submit its final claim for payment no later than

thirty 30) days after the completion of services. Invoices for June services shall

reach Behavioral Health by July 15'h.

B If CONTRACTOR fails to submit claims for services provided under the term of this

Agreement as described above, the COUNTY may, at its sole discretion, deny

payment for that month of service and disallow the claim.

C County shall review and certify CONTRACTOR's claim either in the requested

amount or in such other amount as County approves in conformity with this

Agreement, and shall promptly submit such invoice to the County Auditor-Controller

for payment. The County Auditor-Controller shall pay the amount certified within 30

days of receiving the certified invoice.

D If COUNTY certifies payment at a lesser amount than the amount requested

COUNTY shall immediately notify the CONTRACTOR in writing of such

certification and shall specify the reason for it. If the CONTRACTOR desires to

contest the certification, the CONTRACTOR must submit a written notice of protest

to the COUNTY within twenty 20) days after the CONTRACTOR's receipt of the

COUNTY notice. The parties shall thereafter promptly meet to review the dispute

and resolve it on a mutually acceptable basis. No court action may be taken on such a

dispute until the parties have met and attempted to resolve the dispute in person.

E. Cost Control: CONTRACTOR shall not exceed by more than twenty 20) percent any

contract expense line item amount in the budget without the approval of COUNTY,

given by and through the Contract Administrator or Contract Administrator's

designee. CONTRACTOR shall submit an amended budget with its request for such

approval. Such approval shall not permit CONTRACTOR to receive more than the

maximum total amount payable under this contract. Therefore, an increase in one line

item will require corresponding decreases in other line items.

III. PAYMENT RATE AND MAXIMUM OBLIGATION OF COUNTY:

A. CONTRACTOR shall be reimbursed at the Short-Doyle/Medi-Cal Maximum

Reimbursement Rates, which shall be provisional and settled to the actual cost rate

or the SMA, whichever is less and be subject to all the cost report provisions set

forth in Section XIII of this Agreement.

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit B-]

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

DIRECTOR-U012

OF-U012

HEALTH,-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

THREE-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

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IN-U012

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ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �B Subject to the limitations set forth herein, COUNTY shall pay to CONTRACTOR

during the term of this Agreement a maximum amount of $151,416 for services

rendered under this Agreement.

C Maximum Annual Liability:

FRED FIN CH YOUTH C ENTER FY 2010-13

Service Mode of Service Total Contracted Est. Rate of Contract

Description Service Function Units of Service Reimbursement per Amount Per

  Code Per FY Unit Per FY FY

Day Treatment 10 85 120 202.43 $ 24,292

Intensive Full    

Day)    

Mental Health    

Services    

Minutes):    

Collateral 15 10  

Assessment 15 30  

Individual 15 40 1,320 2.61 $ 3,445

Therapy    

Group Therapy 15 50  

Plan 15 45  

Development    

Medication 15 60 300 4.82 $ 1,446

Support    

Services    

Minutes)    

Case 15 01 660 2.02 $ 1,333

Management/    

Brokerage    

Minutes)    

Crisis 15 70 300 3.88 $ 1,164

Intervention    

Minutes)    

Therapeutic 15 30-59 7,200 2.61 $ 18,792

Behavioral    

Services    

TOTA L CONTRACT AMOUNT Per FY $ 50,472

MAXIMUM CONTRACT LIABILITY FY 2010-11 $ 50,472

MAXIMUM CONTRACT LIABILITY FY 2011-12 $ 50,472

MAXIMUM CONTRACT LIABILITY FY 2012-13 $ 50,472

TOTAL $ 151,416

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit B-2

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

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TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

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AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

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FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

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THE-U012

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OF-U012

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FUTURE-U012

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CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �D If, as of the date of signing this Agreement, CONTRACTOR has already received

payment from 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.

E 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.

IV. 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 Bureau

1270 Natividad Road

Salinas, CA 93906

ATTN: Accounts Payable

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit B-3

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

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5-U06

A.-U07

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THE-U07

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THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

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AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

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12/29/2010-U011

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THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

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ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �Behavioral Health Cost Reimbursement Invoic,

Contr~lctor`'

Address''Li

Addr' ess i hl e

1270 Eternity Drive

When will I get Paid, CA 93916

Tel Na+x. 831-755-4510

Fag 1'~1os 831-457-1275

Contract ei�;if  forever

BH Division r Mental Health or Alcohol and Drug Programs

I

Invoice 1 uni>bie

County; PO No

Invoice Period

Final Invoice

 Mode      Total UOS  % Delivered 

 

of 

Procedu Rate of Total UOS

Delivered UOS

to bats of

Remaining

% of Remaining

 

Service Description

Servic

SFC

re Code

Reimburseme

Contracted

Delivered

as of Last Delivered to

C ontracted, oeiiv3rables D~uvefabies

    nt per Unit UOS this Period

p

i

d

te

Da

 

UOS 

 e      er

o   

any 15 40 341 2.52 1,000 20 1 21 2% 979 98%

any 15 30 331 1.95 2,000 40 1 41 2% 1,959 98%

 15 10 301 2

52 2

000 50 2 52 3% 1

948 97%

any          

        0 #DIV/0! 0 #DIV/0!

        0 #DIV/0! 0 #DIV/0!

        0 #DIV/0! 0 #DIV/0!

        0 #DIV/0! 0 #DIV/0!

any 10 90  193.00 250 250  250 100% 0 0%

TOTALS  5250 360 4 364 N 7% 4,886

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit C- I

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97083-U03

AI97635-U03

DO98166-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15923-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

DIRECTOR-U07

OF-U07

HEALTH-U07

TO-U07

SIGN-U07

A-U07

THREE-U07

FISCAL-U07

YEAR-U07

TERM-U07

MENTAL-U07

HEALTH-U07

SERVICES-U07

AGREEMENT-U07

411-HEALTH-U08

MCKEE-U09

SUSIE-U09

MCKEES-U10

12/29/2010-U011

JULY-U012

1,-U012

2010-U012

TO-U012

JUNE-U012

30,-U012

2013)-U012

FRED-U012

FINCH-U012

YOUTH-U012

CENTER-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$50,472-U012

FY-U012

2010-11,-U012

$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

FY-U012

2012-13-U012

A-U012

TOTAL-U012

AGREEMENT-U012

AMOUNT-U012

OF-U012

$151,416,-U012

TO-U012

REPLACE-U012

AGREEMENT-U012

A-11198-U012

EXPIRED-U012

JUNE-U012

30,-U012

2010;-U012

B.-U012

AUTHORIZE-U012

THE-U012

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TO-U012

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DO-U012

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DO-U012

SIGNIFICANTLY-U012

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THE-U012

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OF-U012

WORK,-U012

OR-U012

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IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �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.

FRED FINCH YOUTH CENTER

Business Name of Contractor

Ut`~in 7DL U�ntU.V

Sig tut uthori a resentative Name of Authorized Representative printed)

C) President

Date Title of Authorized Representative

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit D-1

 

 

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SIGNED AGREEMENT��"�|E�� �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. U 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 FRED FINCH YOUTH CENTER

 

Name of Contractor's Designee

uc4w VIA

Title of Designee T e d Pj I- 3 t--c)

Street 4 Aae

City  State Zip

IRS Employer dentification Number  C q-i

I certify th e above i ation is complete and correct to the best of my knowledge and belief.

         

Signature ontractor, Date CJ

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit E- I

 

 

BIB]

 

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THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

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THE-U012

ANNUAL-U012

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DO-U012

SIGNIFICANTLY-U012

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WORK,-U012

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RESULT-U012

IN-U012

AN-U012

INCREASE-U012

ON-U012

NET-U012

COUNTY-U012

CONTRIBUTION.-U012

 

 

SIGNED AGREEMENT��"�|E�� �EXHIBIT F:

ASSURANCE OF COMPLIANCE WITH

MONTEREY COUNTY'S CULTURAL COMPETENCY POLICY

In a culturally competent system, each provider organization shows respect for and responds to

individual differences and special needs. Services are provided in the appropriate cultural context and

without discrimination related to race, national origin, income level, religion, gender, sexual

orientation, age, or physical disability, to name a few. Culturally competent caregivers are aware of the

impact of their own culture on their relationships with consumers and know about and respect cultural

and ethnic differences. They adapt their skills to meet each family's values and customs. Cultural

competence is a developmental and dynamic process  one that occurs over time.

Organizations in a Culturally Competent Service System Promote:

Quality Improvement

 Continuous evaluation and quality improvement

 Supporting evidence-based, promising and emerging practices that are congruent with

ethic/racial/linguistic group belief systems, cultural values and help-seeking behaviors.

Collaboration

 Collaborating with Behavioral Health and other community programs

 Resolving barriers to partnerships with other service providers

Access

 Providing new services to unserved and underserved children, youth, adults and/or older adults

 Reducing disparities to care as identified in the Mental Health Services Act Plan

 Ensuring representation of mental health services consumers, family members of a mental

health services consumer, and/or representatives from unserved communities on their

advisory/governance body or committee for development of service delivery and evaluation

with a minimum target of 25%).

 Developing recruitment, hiring, and retention plans that are reflective of the target

communities' ethnic, racial, and linguistic populations.

Cultural Competent Services:

 Are available, accessible and welcoming to all clients regardless of race, ethnicity, language,

age, and sexual orientation.

 Provide a physical environment that is friendly, respectful and inclusive of all cultures.

 Provide information, resources and reading materials in multilingual formats.

 Promote and foment culturally accepted social interactions, respect and healthy behaviors

within the family constellation and service delivery system.

 Provide options for services, which are consistent with the client's beliefs, values, healing

traditions, including individual preferences for alternative, spiritual and/or holistic approaches

to health.

 Offer services in unserved and underserved communities.

 Have services available in the evening and on weekends to ensure maximum accessibility.

 Offer services in Spanish and other necessary languages such as Tagalog) for at least 50% of

all services.

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit F-I

 

 

BIB]

 

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SIGNED-U02

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FO96184-U03

FO97017-U03

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$50,472-U012

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$50,472-U012

FY-U012

2011-12,-U012

$50,472-U012

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A-U012

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$151,416,-U012

TO-U012

REPLACE-U012

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THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

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THE-U012

ANNUAL-U012

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DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

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IN-U012

AN-U012

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SIGNED AGREEMENT��"�|E�� �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 Heahh 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.

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.

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit F-2

 

 

BIB]

 

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THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

10%-U012

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ANNUAL-U012

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DO-U012

SIGNIFICANTLY-U012

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THE-U012

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SIGNED AGREEMENT��"�|E�� �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.

FRED FINCH YOUTH CENTER

Business Name of Contractor

Name of Authorized Representative

President

Date

Title of Authorized Representative

printed)

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit F-3

 

 

BIB]

 

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A-11198-U012

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AMENDMENTS-U012

DO-U012

EXCEED-U012

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SIGNED AGREEMENT��"�|E�� �EXHIBIT G

BUSINESS ASSOCIATE AGREEMENT

This Agreement, hereinafter referred to as Agreement", is made effective July 1, 2010 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 FRED FINCH YOUTH CENTER, hereinafter

referred to as Business Associate", individually, a Party" and collectively, the Parties").

WITNESSETH:

WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification

provisions," direct the Department of Health and Human Services to develop standards to protect the

security, confidentiality and integrity of health information; and

WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health

and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA

Privacy Rule"); and

WHEREAS, the State of California has enacted statutes designed to safeguard patient privacy

including, without limitation, the Confidentiality of Medical Information Act CMIA"), California Civil Code

56 et seq., Senate Bill 541, enacted September 30, 2008, and Assembly Bill 211, enacted September 30, 2008;

and

WHEREAS, the parties acknowledge that California law may include provisions more stringent and

more protective of the confidentiality of health information than the provisions of HIPAA; and

WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business

Associate will provide certain services to Covered Entity, hereby referred to as the Service Agreement" and,

pursuant to such arrangement, Business Associate may be considered a business associate" of Covered Entity

as defined in the HIPAA Privacy Rule and under California law; and

WHEREAS, Business Associate may have access to Protected Health Information as defined below)

in fulfilling its responsibilities under such arrangement;

THEREFORE, in consideration of the Parties' continuing obligations under the Service Agreement,

compliance with the HIPAA Privacy Rule, compliance with California law, and other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions

of this Agreement in order to address the requirements of the HIPAA Privacy Rule and California law and to

protect the interests of both Parties.

1.

DEFINITIONS

Except as otherwise defined herein, any and all capitalized terms in this Section shall have the definitions set

forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and

mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. 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.

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit G-l

 

 

BIB]

 

40611-U01

SIGNED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

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SIGNED AGREEMENT��"�|E�� �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 to ensure that its

employees' actions or omissions do not cause Business Associate to breach the terms of this Agreement.

b) Notwithstanding the prohibitions set forth in this Agreement, Business Associate may use and

disclose Protected Health Information as follows:

i) if necessary, for the proper management and administration of Business Associate or to

carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the

following requirements are met:

A) the disclosure is required by law; or

B) Business Associate obtains reasonable assurances from the person to whom the

information is disclosed that it will be held confidentially and 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

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit G-2

 

 

BIB]

 

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SIGNED AGREEMENT��"�|E�� �by Business Associate in its capacity as a business associate of another covered entity, to permit data

analyses that relate to the health care operations of the respective covered entities.

c) Business Associate will implement appropriate safeguards to prevent access to, use of, or

disclosure of Protected Health Information other than as permitted in this Agreement. The Secretary of

Health and Human Services shall have the right to audit Business Associate's records and practices

related to use and disclosure of Protected Health Information to ensure Covered Entity's compliance

with the terms of the HIPAA Privacy Rule. Business Associate shall report to Covered Entity any

access, use, or disclosure of Protected Health Information which is not in compliance with the terms of

this Agreement of which it becomes aware within five calendar days of discovering such improper

access, use, or disclosure. In addition, Business Associate agrees to mitigate, to the extent practicable,

any harmful effect that is known to Business Associate of a use, disclosure, or access of Protected

Health Information by Business Associate in violation of the requirements of this Agreement.

III. AVAILABILITY OF PHI

Business Associate agrees to make available Protected Health Information to the extent and in the manner

required by Section 164.524 of the HIPAA Privacy Rule. Business Associate agrees to make Protected Health

Information available for amendment and incorporate any amendments to Protected Health Information in

accordance with the requirements of Section 164.526 of the HIPAA Privacy Rule. In addition, Business

Associate agrees to make Protected Health Information available for purposes of accounting of disclosures, as

required by Section 164.528 of the HIPAA Privacy Rule.

IV.

TERMINATION

Notwithstanding anything in this Agreement to the contrary, Covered Entity shall have the right to terminate this

Agreement and the Service Agreement immediately if Covered Entity determines that Business Associate has

violated any material term of this Agreement. If Covered Entity reasonably believes that Business Associate

will violate a material term of this Agreement and, where practicable, Covered Entity gives written notice to

Business Associate of such belief within a reasonable time after forming such belief, and Business Associate

fails to provide adequate written assurances to Covered Entity that it will not breach the cited term of this

Agreement within a reasonable period of time given the specific circumstances, but in any event, before the

threatened breach is to occur, then Covered Entity shall have the right to terminate this Agreement and the

Service Agreement immediately, and seek injunctive and/or declaratory relief in a court of law having

jurisdiction over Business Associate.

V.

MISCELLANEOUS

Except as expressly stated herein, in the HIPAA Privacy Rule, or under California law, the parties to this

Agreement do not intend to create any rights in any third parties. The obligations of Business Associate under

this Section shall survive the expiration, termination, or cancellation of this Agreement, the Service Agreement

and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents,

employees, contractors, successors, and assigns as set forth herein.

This Agreement may be amended or modified only in a writing signed by the Parties. No Party may

assign its respective rights and obligations under this Agreement without the prior written consent of

the other Party. None of the provisions of this Agreement are intended to create, nor will they be

deemed to create any relationship between the Parties other than that of independent parties contracting

with each other solely for the purposes of effecting the provisions of this Agreement and any other

agreements between the Parties evidencing their business relationship. This Agreement will be

governed by the laws of the State of California. No change, waiver or discharge of any liability or

Fred Finch Youth Center, FY 2010-13

Mental Health Services Agreement Exhibit G-3

 

 

BIB]

 

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SIGNED AGREEMENT��"�|E�� �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 Business Associate Agreement that fully complies with the HIPAA Privacy Rule

and California law.

Business Associate acknowledges that the Health Department has established a Corporate Compliance

Program, and under this program the Health Department has developed a Code of Conduct Manual to

provide guidance in the ethical and legal performance of our professional services. Business Associate

further agrees to abide by all principles stated in the Code of Conduct while conducting business with

the Health Department. A copy of the Code of Conduct & Principles of Compliance is available upon

request.

above.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written

COVERED ENTITY: BUSINESS ASSOCIATE:

COUNTY OF MONTEREY FRED FINCR YOUTH CENTER

By: By:

Robert C. Egnew, Interim Director of Health

Fred Finch Youth Center, FY2010-13

Mental Health Services Agreement Exhibit G-4

 

 

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SIGNED AGREEMENT��"�|E��  � NOTEXTPAGE

 

 

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REVISED BOARD ORDER"�|E�.�41

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No.: A-11912

a. Approve and authorize the Director of

Health to sign a three fiscal year term Mental

Health Services Agreement July 1, 2010 to

June 30, 2013) with Fred Finch Youth Center

in the amount of $50,472 for FY 2010-11,

$50,472 for FY 2011-12, and $50,472 for FY

2012-13 for a total Agreement amount of

$151,416, to replace agreement A-11198

which expired June 30, 2010; and

b. Authorize the Director of Health to

approve future amendments up to ten

percent 10%) 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 Armenta, seconded by Supervisor Potter and carried by those

members present, the Board hereby:

a. Approved and authorized the Director of Health to sign a three fiscal year term

Mental Health Services Agreement July 1, 2010 to June 30, 2013) with Fred Finch

Youth Center in the amount of $50,472 for FY 2010-11, $50,472 for FY 2011-12, and

$50,472 for FY 2012-13 for a total Agreement amount of $151,416, to replace

agreement A-11198 which expired June 30, 2010; and

b. Authorized the Director of Health to approve future amendments up to ten percent

10%) 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 11th day of January 2011, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Parker, Potter

NOES: None

ABSENT: Supervisor Salinas

I, 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 January 11, 2011.

Dated: January 18, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

Revised: February 7, 2011 County of Monterey, State of California

By

Deputy

 

 

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ON-U012

NET-U012

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