COMPLETED BOARD ORDER�")E�19
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A-11498
a. Approve and authorize the Director of Health to sign a three 3) Fiscal
Year term FY 2009-10, 2010-11 and 2011-12) Alcohol and Drug
Treatment Services Agreement with Community Human Services for the
provision of alcohol and drug recovery services in the annual amount of
$1,634,666 for a total of $4,903,998 for the period July 1, 2009 through
June 30, 2012; and
b. Authorize the Director of Health to approve future amendments up to five
percent 5%) of the annual amount, which does not significantly alter the
scope of work or result in an increase to net county costs.
Upon motion of Supervisor Parker, seconded by Supervisor Salinas, and carried by those
members present, the Board hereby:
a. Approved and authorized the Director of Health to sign a three 3) Fiscal Year term FY
2009-10, 2010-11 and 2011-12) Alcohol and Drug Treatment Services Agreement with
Community Human Services for the provision of alcohol and drug recovery services in the
annual amount of $1,634,666 for a total of $4,903,998 for the period July 1, 2009 through
June 30, 2012; and
b. Authorized the Director of Health to approve future amendments up to five percent 5%) of
the annual amount, which does not significantly alter the scope of work or result in an
increase to net county costs.
PASSED AND ADOPTED this 21st day of July, 2009, by the following vote, to wit:
AYES: Supervisors Armenta, Salinas, Calcagno, Parker
NOES: None
ABSENT: Supervisor Potter
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 July 21, 2009.
Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By Z
Deputy
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SIGNED BOARD REPORTX��")G�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 21, 2009 Consent AGENDA NO.: 19
SUBJECT: a. Approve and authorize the Director of Health to sign a three fiscal year term
FY 2009-10, 2010-11 and 2011-12) Alcohol and Drug Treatment Services
Agreement with Community Human Services for the provision of alcohol and
drug recovery services in the annual amount of $1,634,666 for a total of
$4,903,998 for the period July 1, 2009 through June 30, 2012; and
b. Authorize the Director of Health to approve future amendments up to five
percent 5%) of the annual amount, which does not significantly alter the scope
of work or result in an increase to net county costs.
DEPARTMENT: Health Behavioral Health Division
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Director of Health to sign a three fiscal year term FY 2009-10,
2010-11 and 2011-12) Alcohol and Drug Treatment Services Agreement with Community
Human Services for the provision of alcohol and drug recovery services in the annual amount
of $1,634,666 for a total of $4,903,998 for the period July 1, 2009 through June 30, 2012;
and
b. Authorize the Director of Health to approve future amendments up to five percent 5%) of
the annual amount, which does not significantly alter the scope of work or result in an
increase to net county costs.
SUMMARY/DISCUSSION:
This new alcohol and drug services treatment Agreement with Community Human Services
replaces Agreement A-10540 which expired on June 30, 2009. Community Human Services
provides residential and non residential alcohol and drug recovery services for Medi-Cal, Non-
Medi-Cal, Proposition 36 and Ca1WORKS eligible Monterey County residents. Approval of this
Agreement will assure continued services to Monterey County men and women age 18 or older
with primary addiction to drug(s). Intravenous drug users and HIV+ clients will receive priority
admission. Should funding for the Proposition 36 and Ca1WORKS programs be reduced or
eliminated, Behavioral Health will amend the Agreement to reflect those changes. Behavioral
Health has been in communication with the contract provider regarding the possibility of funding
elimination. Prop 36 clients are being transitioned out of treatment and no new referrals were
accepted to the program as of July 1, 2009. Although CalWorks clients are served by this
contractor, no CalWorks funding is used to fund this contract as funding is not sufficient to serve
all CalWorks clients' needs. The Agreement provides for termination without cause by either
party with a thirty 30) day written notice.
OTHER AGENCY INVOLVEMENT:
County Counsel, Risk Management, and the Auditor-Controller have reviewed this Agreement
as to legal form, insurance requirements, and fiscal provisions respectively. A copy of this
Agreement is on file with the Clerk to the Board.
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SIGNED BOARD REPORTX��")G�FINANCING:
This Agreement is funded by State and Federal dollars. This contract is for $1,634,666 for FY
2009-10, $1,634,666 for FY 2010-11 and $1,634,666 for FY 2011-12, for a total amount not to
exceed $4,903,998. The funds for FY 2009-10 have been included in the Health Department's
Behavioral Health Bureau Adopted Budget for Fiscal Year 2009-10. There is no Net County
Cost associated with this Agreement.
A contract clause in the Agreement stipulates that should funding be terminated or reduced prior
to the June 30, 2012 end date, the County may elect to terminate this Agreement after
consultation and giving written notice of termination to the Contractor. Additionally, a s cond
clause indicates that a 30 day cancellation notice may be issued by the cony or or l' e ounty.
Rose oreno, 755-4716 1 Len Foster
Management Analyst
Date:
Director of Health
Date:
cc: Michael Miller, Auditor-Controller
Charles McKee, County Counsel
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FULLY EXECUTED AGREEMENT A-11+�K�A-11498
June 30, 2012
Agreement Number Termination Date
COUNTY OF MONTEREY
DEPARTMENT OF HEALTH
ALCOHOL AND/OR DRUG
SERVICE CONTRACT
COUNTY Department Contract Representative
Len Foster.
Director of Health
1270 Nativid d Ro Salinas, CA 93906
This Agreement is entered into in the State of California, by and between the County of
Monterey, a political subdivision of the State of California, hereinafter referred to as COUNTY," and
COMMUNITY HUMAN SERVICES, a voluntary health and welfare agency exempt from Federal
taxation under Internal Revenue Code Section 501(c)(3), hereinafter referred to as CONTRACTOR",
for the purpose of providing alcohol and drug recovery services in Monterey County.
RECITALS:
The parties hereby enter into this contract in reliance on the following facts and
representations:
1. COUNTY desires to enter into this Agreement whereby CONTRACTOR will provide
services set forth herein in accordance with the requirements of Chapter 4 commencing with Section
9000) of the California Code of Regulations.
2. Division 10.5 commencing with Section 11750) of the California Health and Safety Code
provides a set of definitions, standards, procedures, and regulations by and pursuant to which
COUNTY and CONTRACTOR may lawfully contract for such services.
3. CONTRACTOR is willing to furnish such services upon the terms hereafter set forth.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. SERVICES TO BE PROVIDED
COUNTY hereby engages CONTRACTOR to perform and CONTRACTOR hereby agrees
to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The
services are generally described as follows: CONTRACTOR shall provide the recovery services set
forth in this Agreement, to the recipient population and to the COUNTY, in compliance with the terms
of this Agreement. This Agreement defines the rights and obligations of the parties regarding treatment
not funded by Drug/Medi-Cal hereafter Non-Drug/Medi-Cal") and the rights and obligations of the
parties regarding treatment funded by Drug/Medi-Cal hereafter Drug/Medi-Cal"). Unless otherwise
indicated, requirements set forth in this Agreement shall apply to both Non-Drug/Medi-Cal funded
treatment and Drug/Medi-Cal funded treatment.
Community Human Services_AOD Agreement
FY 2009-12
Page 1
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FULLY EXECUTED AGREEMENT A-11+�K�2. CONTRACT ADMINISTRATION
COUNTY Behavioral Health Director, hereafter referred to as the DIRECTOR, shall be the
COUNTY employee authorized and assigned to represent the interests of the COUNTY and to ensure
that the terms and conditions of this Contract are carried out. CONTRACTOR's Executive Director
shall administer this Agreement on behalf of the CONTRACTOR. CONTRACTOR agrees to submit
necessary program and financial reports in a timely fashion, pursuant to provisions of this Agreement
and the provisions contained in the COUNTY Administration and Reporting Guidelines, which shall
be furnished to the CONTRACTOR by the COUNTY at no cost to CONTRACTOR.
3. PERFORMANCE STANDARDS AND COMPLIANCE
3.1 Performance standards. CONTRACTOR shall meet the contracted level of service and the
specified performance standards unless prevented from doing so by circumstances beyond
CONTRACTOR's control, including but not limited to natural disasters, fire, theft, and shortages of
necessary supplies or materials due to labor disputes.
3.2 Compliance with terms of State and Federal grants. If this Agreement has been or will be
funded with monies received by the COUNTY pursuant to a contract with the state or federal
government in which the COUNTY is the grantee, CONTRACTOR will comply with all the
provisions of said contract, to the extent applicable to CONTRACTOR as a subgrantee under said
contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth
herein. Upon request, COUNTY will deliver a copy of said contract to CONTRACTOR, at no cost
to CONTRACTOR.
3.3 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees
and subcontractor performing services under this Agreement are specially, trained, experienced,
competent, and appropriately licensed to perform the work and deliver the services required under
this Agreement.
3.4 CONTRACTOR its agents, employees and subcontractors shall perform all work in a safe
and skillful manner and in compliance with all applicable laws and regulations. All work performed
under this Agreement that is required by law to be performed or supervised by licensed personnel
shall be performed in accordance with such licensing requirements.
3.5 CONTRACTOR shall furnish, at its own expense, all materials and equipment necessary to
carry out the terms of this Agreement, except as otherwise specified in this Agreement.
CONTRACTOR shall not use COUNTY premises, property including equipment, instruments, or
supplies) or personnel for any purpose other than in the performance of its obligations under this
Agreement
3.6 COUNTY monitoring of services. COUNTY shall monitor services provided under this
Agreement in order to evaluate the effectiveness and quality of services provided. The DIRECTOR
will assign a designated staff representative to be the Contract Monitor. The procedure utilized to
monitor the Agreement will be as follows:
3.6.1 COUNTY shall monitor the kind, cost, quality, and quantity of the CONTRACTOR's
services and criteria for determining the persons, population groups and geographic areas to be
Community Human Services_AOD Agreement
FY 2009-12
Page 2
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FULLY EXECUTED AGREEMENT A-11+�K�served. COUNTY may, in its sole discretion, change its designation of the Contract Monitor and
shall promptly give written notice to CONTRACTOR of any such change.
3.6.2 The Contract Monitor shall hold regular meetings with CONTRACTOR at reasonable
intervals deemed appropriate or necessary by the DIRECTOR.
3.6.3 The Contract Monitor shall review on a monthly basis all statistical reports concerning
services provided under the terms of this Agreement.
3.6.4 The Contract Monitor shall regularly review the records and/or clinical materials of
clients receiving services pursuant to this Agreement.
3.6.5 The Contract Monitor shall review on a monthly basis the fiscal claims for
reimbursement and conduct from time to time on-site billing verification.
4. EXHIBITS
The following attached exhibits are incorporated herein by reference and constitute a part of
this agreement:
EXHIBIT A PROGRAM DESCRIPTION
EXHIBIT B PAYMENT PROVISIONS
EXHIBIT C BEHAVIORAL HEALTH COST REIMBURSEMENT INVOICE
EXHIBIT D CONFIDENTIALITY OF PATIENT INFORMATION
EXHIBIT E ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
EXHIBIT F BUSINESS ASSOCIATE AGREEMENT
EXHIBIT G ASSURANCE OF COMPLIANCE WITH MONTEREY COUNTY'S
CULTURAL COMPETENCY POLICY
EXHIBIT H: COMPLIANCE WITH STATE ALCOHOL AND DRUG PROGRAM
REGULATIONS.
EXHIBIT I: INITIAL AUTHORIZATION FORM
EXHIBIT J: WEEKLY PROGRESS REPORT FORM
EXHIBIT K: RE-AUTHORIZATION FORM
EXHIBIT L: ADP BULLETIN ISSUE NO. 09-05 REQUIREMENTS TO ENSURE
ACCESS TO SERVICES FOR PERSONS WITH DISABILITIES
5. TERM OF AGREEMENT AND TERMINATION
5.1 The term of this Agreement shall commence on July 1, 2009 and shall continue in full force,
effect to, and including June 30, 2012 This Agreement is of no force or effect until signed by both
CONTRACTOR and COUNTY and with COUNTY signing last, and CONTRACTOR may not
commence work before COUNTY signs this Agreement.
5.2 The term of this Agreement shall remain in effect until terminated as provided below:
5.2.1 Termination. During the term of this Agreement, either party may terminate the
Agreement by giving written notice of termination to the other party at least thirty 30) days
before the effective date of termination. Such notice shall set forth the effective date of
termination. In the event of such termination, the amount payable under this Agreement shall
be reduced in proportion to the services provided before the date of termination.
5.2.2 Termination for cause. COUNTY may cancel and terminate this Agreement for good
Community Human Services_AOD Agreement
FY 2009-12
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PERCENT-U012
5%)-U012
OF-U012
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AMOUNT,-U012
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ALTER-U012
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FULLY EXECUTED AGREEMENT A-11+�K�cause effective immediately upon written notice to CONTRACTOR. Good cause" includes
the failure of CONTRACTOR to perform the required services at the time and in the manner
provided under this Agreement. If COUNTY terminates this Agreement for good cause,
COUNTY may be relieved of the payment of any consideration to CONTRACTOR, and
COUNTY may proceed with the work in any manner that COUNTY deems proper. The cost
to COUNTY shall be deducted from any sum due the CONTRACTOR under this
Agreement.
5.2.3 Partial termination. If CONTRACTOR is partially funded by Non-Drug/Medi-Cal
funds and CONTRACTOR is unwilling or unable to continue that portion of the contract,
the contract shall remain in effect, provided however that the COUNTY may amend the
contract, with the written consent of the CONTRACTOR, as necessary and appropriate. In
like manner, if CONTRACTOR is partially funded based on Drug/Medi-Cal certification
and CONTRACTOR is expelled or suspended from Drug/Medi-Cal certification, the
contract shall remain in effect, provided however that the COUNTY may amend the
contract, with the written consent of the CONTRACTOR, as necessary and appropriate.
5.2.4 If CONTRACTOR loses State certification or license of their program.
5.3 Obligations upon termination. Upon termination of this Agreement, COUNTY will no
longer refer clients to the CONTRACTOR under this Agreement, and the rights and duties of the
parties shall be terminated, except that, after termination, the following obligations shall remain in
effect:
5.3.1 CONTRACTOR shall, pursuant to this Agreement, continue treatment of clients then
receiving care from CONTRACTOR until completion of treatment or until continuation of
the client's care by another provider can be arranged by COUNTY;
5.3.2 COUNTY shall arrange for such transfer of treatment no later than sixty 60) days
after Agreement termination if the clients' treatment is not by then completed;
5.3.3 COUNTY, any payer, and CONTRACTOR will continue to remain obligated under
this contract with regard to charges and payments for covered services rendered prior to
termination or required to be rendered after termination as provided above, until such
obligations are discharged by full performance or until such performance is otherwise
excused;
5.3.4 CONTRACTOR will continue to remain obligated with respect to confidentiality and
transfer of patient records; and
5.3.5 CONTRACTOR will remain subject to any audit otherwise authorized or required by
this Agreement or by any State or Federal statute or regulations affecting this Agreement.
6. TERMINATIONS OR REDUCTION OF GOVERNMENT FUNDING
6.1 This Agreement is made with the understanding that the State or Federal Governments are
providing and will continue to provide funds to COUNTY so that COUNTY can make the payments
to CONTRACTOR under this contract. The funds identified for the fiscal years are subject to
increase or decrease dependent upon the availability of the appropriations by the State Legislature
and the Federal Government. Increases or decreases in the amount COUNTY allocates to the
CONTRACTOR as identified in Exhibit B will require a written amendment to this contract in
accordance with Section 20.
Community Human Services_AOD Agreement
FY 2009-12
Page 4
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FULLY-U02
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1,-U012
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THROUGH-U012
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B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
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FIVE-U012
PERCENT-U012
5%)-U012
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AMOUNT,-U012
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FULLY EXECUTED AGREEMENT A-11+�K�6.2 Notwithstanding any other provision of this Agreement, if the State or Federal Government
terminates or reduces its funding to the COUNTY for the client services that are to be provided
under this Agreement, then COUNTY may, after consultation with the CONTRACTOR, elect to
terminate this contract by giving written notice of such election to CONTRACTOR, effective
immediately or on such other date as COUNTY specifies in the notice. Alternatively, it is mutually
agreed that the contract may be amended to reflect any reduction in funding in Exhibit B, in
accordance with Section 20.
7. INDEPENDENT CONTRACTOR STATUS
In the performance of work, duties, and obligations under this Agreement, CONTRACTOR
is at all times acting and performing as an independent contractor and not as an employee of the
COUNTY. No offer or obligation of permanent employment with the COUNTY or particular
COUNTY department or agency is intended in any manner, and CONTRACTOR shall not become
entitled by virtue of this Agreement to receive from COUNTY any form of employee benefits
including but not limited to sick leave, vacation, retirement benefits, workers' compensation
coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to
pay directly all applicable taxes, including federal and state income taxes and social security, arising
out of CONTRACTOR's performance of this Agreement. In connection therewith CONTRACTOR
shall defend, indemnify, and hold COUNTY harmless from any and all liability, which COUNTY
may incur because of CONTRACTOR's failure to pay such taxes.
8. INDEMNIFICATIONS AND INSURANCE
8.1 Indemnification: CONTRACTOR shall indemnify, defend and hold harmless the COUNTY,
its officers, agents, and employees, from and against any and all claims, liabilities and losses
whatsoever including damages to property and injuries to or death of persons, court costs, and
reasonable attorney's fees) occurring or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials or supplies, in connection with the performance of
this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any
person firm, or corporation for damage, injury, or death arising out of or connected with the
CONTRACTOR's performance of this Agreement, unless such claims, liabilities, or losses arise out
of the sole negligence or willful misconduct of the COUNTY. CONTRACTOR's performance"
includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
8.2 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify,
CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of
insurance with the following minimum limits of liability
8.2.1 Commercial general liability insurance, including but not limited to premises and
operations, including coverage for Bodily Injury and Property Damage, Personal Injury,
Contractual Liability, Broadform Property Damage, Independent Contactors, Products and
Completed Operations, with a combined single limit for Bodily Injury and Property Damage
of not less than one million dollars $1,000,000) per occurrence.
8.2.2 Business automobile liability insurance, covering all motor vehicles, including
owned, leased, non-owned, and hired vehicles, used in providing services under this
Agreement, with a combined single limit for Bodily Injury and property Damage of not less
Community Human Services_AOD Agreement
FY 2009-12
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
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7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
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AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
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A-U07
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MCKEES-U10
7/13/2009-U011
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ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
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HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
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DRUG-U012
RECOVERY-U012
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IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
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RESULT-U012
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COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�than one million dollars $1,000,000) per occurrence.
8.2.3 Workers Compensation Insurance. If CONTRACTOR employs others in the
performance of this Agreement, in accordance with California Labor Code section 3700 and
with Employer's liability limits not less than one million dollars $1,000,000) each person,
one million dollars $1,000,000) each accident and one million dollars $1,000,000) each
disease.
8.2.4 Professional Liability Insurance. If required for the professional service being
provided, in the amount of not less than one million dollars $1,000,000) per claim and two
million dollars $2,000,000) in the aggregate, to cover liability for malpractice or errors or
omissions made in course of rendering professional services. If professional liability
insurance is written on a claims-made" basis rather than an occurrence basis, the
CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain
extended reporting coverage tail coverage") with the same liability limits. Any such tail
coverage shall continue for at least three years following the expiration or earlier termination
of this Agreement.
8.3 Other Insurance Requirements: All insurance required by this Agreement shall be with a
company acceptable to the COUNTY and issued and executed by an admitted insurer authorized to
transact insurance business in the State of California. Unless otherwise specified by this Agreement,
all such insurance shall be written on an occurrence basis, or, if the policy is not written on an
occurrence basis, such policy with the coverage required herein shall continue in effect for a period
of three years following the date CONTRACTOR completes its performance of services under this
Agreement.
8.3.1 Each liability policy shall provide that the COUNTY shall be given notice in writing at
least thirty days in advance of any change, cancellation, or non-renewal thereof Each policy
shall provide coverage for CONTRACTOR additional insureds with respest to claims arising
from each subcontractor, if any, performing work under this Agreement, or be accompanied by
a certificate of insurance showing each subcontractor has identical insurance coverage to the
above requirements.
8.3.2 Commercial general liability and automobile liability policies shall provide an
endorsement naming the County of Monterey, its officers, agents, and employees as Additional
Insureds and shall further provide that such insurance is primary insurance to any insurance or
self-insurance maintained by the COUNTY and that the insurance of the Additional Insureds
shall not be called upon to contribute to a loss covered by the CONTRACTOR's insurance.
8.3.3 Prior to the execution of this Agreement by the COUNTY, CONTRACTOR shall file
certificates of insurance with the COUNTY's contract administrator and the COUNTY's
Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance
required by this Agreement. The CONTRACTOR shall file a new or amended certificate of
insurance within 5 days after any change is made in any insurance policy, which would alter
the information on the certificate then on file. Acceptance or approval of insurance shall in
no way modify or change the indemnification clause in this Agreement, which shall continue
in full force and effect.
8.3.4 CONTRACTOR shall at all times during the term of this Agreement maintain in
force the insurance coverage required under this Agreement and shall send, without demand
by COUNTY, annual certificates to COUNTY's Contract Administrator and COUNTY's
Community Human Services_AOD Agreement
FY 2009-12
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EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
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SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
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MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
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7/24/2009-U04
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4-U06
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THROUGH-U012
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AUTHORIZE-U012
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FULLY EXECUTED AGREEMENT A-11+�K�Contracts/Purchasing Division. If the certificate is not received by the expiration date,
COUNTY shall notify CONTRACTOR and CONTRACTOR shall have five calendar days
to send the certificate, evidencing no lapse in coverage during the interim. Failure by
CONTRACTOR to maintain such insurance is a default of this Agreement, which entitles
COUNTY, at its sole discretion, to terminate this Agreement immediately.
9. NONDISCRIMINATION
9.1 During the performance of this Agreement, CONTRACTOR shall not unlawfully discriminate
against any person because of race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age over 40), sex, or sexual preference, either in CONTRACTOR's
employment practices or in the furnishing of services to recipients. Qualified applicants shall have an
equal opportunity for employment. CONTRACTOR shall insure that actions such as but not limited
to employment, upgrading, demotion, or transfer recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, career development opportunities, and
selection for training, including apprenticeship shall be free of discrimination. The evaluation and
treatment of its employees and applicants for employment and all persons receiving and requesting
services shall be free of such discrimination. The provision of services primarily or exclusively to
such target population as may be designated in this Agreement shall not be deemed to be unlawful
discrimination.
9.2 The term discrimination", as used in this Agreement, is the same term that is used in
Monterey County Code, Chapter 2.80 Procedures for Investigation and Resolution of
Discrimination Complaints"); it means the illegal denial of equal employment opportunity,
harassment including sexual harassment and violent harassment), disparate treatment, favoritism,
subjection to unfair or unequal working conditions, and/or other discriminatory practice by any
Monterey County official, employee or agent, due to an individual's race, color, ethnic group,
national origin, ancestry, religious creed, sex, sexual preference, age, veteran's status, cancer-related
medical condition, physical handicap including AIDS) or disability. The term also includes any act
of retaliation.
9.3 The provisions of Monterey County Code Chapter 2.80 apply to activities conducted
pursuant to this Agreement. CONTRACTOR and its officers and employees, in their actions under
this contract, are agents of the COUNTY within the meaning of Chapter 2.80 and are responsible for
ensuring that their workplace and the services that they provide are free of discrimination, as
required by Chapter 2.80. Complaints of discrimination made by CONTRACTOR against the
COUNTY or by recipients of services against CONTRACTOR may be pursued using the
procedures established by Chapter 2.80. CONTRACTOR shall establish and follow its own written
procedures for the prompt and fair resolution of discrimination complaints made against
CONTRACTOR by its own employees and agents, and shall provide a copy of such procedures to
COUNTY on demand by COUNTY.
9.4 Written Assurances. CONTRACTOR shall have written assurances of compliance with the
Civil Rights Act of 1964 and/or the Rehabilitation Act of 1973 as may be required by the Federal
government in connection with this contract, pursuant to 45 CFR Sec. 80.4 or 45 CFR Sec. 84.5 or
other applicable State or Federal regulation. CONTRACTOR shall have a written assurance that their
treatment programs are accessible to people with disabilities. In addition, CONTRACTOR shall post
in conspicuous place notices available to all employee and clients for employment setting forth the
Community Human Services_AOD Agreement
FY 2009-12
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EXECUTED-U02
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THROUGH-U012
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FULLY EXECUTED AGREEMENT A-11+�K�provisions of the Equal Opportunity Act.
9.5 Written Nondiscrimination Policy. CONTRACTOR shall maintain a written statement of its
nondiscrimination policies that shall be consistent with the terms of this Agreement. Such statement
shall be posted and also be available to employees, recipients of services, and members of the public,
upon request. In addition, the clients' rights statement provided by CONTRACTOR shall inform
recipients of services of CONTRACTOR'S nondiscrimination policies, including the right to file a
complaint alleging discrimination or a violation of civil rights, and the right to be free from sexual
harassment and prohibited sexual contact.
9.6 Notice to Labor Unions. CONTRACTOR shall give written notice of its obligations under
paragraphs 9.1 through 9.3 to labor organizations with which it has a collective bargaining or other
agreement.
9.7 Access to Records by Government Agencies. CONTRACTOR shall permit access by
COUNTY and by representatives of the State Department of Fair Employment and Housing and any
State agency providing funds for this Agreement upon reasonable notice at any time during normal
business hours, but in no case less than 24 hours notice, to such of its books, records, accounts,
facilities, and other sources of information as the inspecting party may deem appropriate to ascertain
compliance with these nondiscrimination provisions.
9.8 Binding on Subcontractors. The provisions of paragraphs 9.1 through 9.7 shall also apply to all
of CONTRACTOR's subcontractors. CONTRACTOR shall include the nondiscrimination and
compliance provisions of these paragraphs in all subcontracts to perform work or provide services
under this Agreement.
10. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS
10.1 The parties shall comply with all applicable Federal, State and local laws and regulations in
performing the work and providing the services specified in this Agreement.
10.2 CONTRACTOR shall comply with all the necessary COUNTY and State licensing
requirements and shall obtain appropriate licenses for mode of service and display the same in a public
location that is reasonably conspicuous. CONTRACTOR shall maintain applicable certification by the
State Department of Alcohol and Drug Programs for mode of service and comply with appropriate
COUNTY or State service standards.
10.3 Non-Drug/Medi-Cal Services: For services not funded by Drug/Medi-Cal, CONTRACTOR
shall comply with and establish written accounting procedures consistent with the following
requirements and shall be held accountable for audit exceptions taken by the State against the
COUNTY or the CONTRACTOR for failure to comply with the following requirements:
Health and Safety Code, Division 10.5;
Title 9, California Code of Regulations CCR), Division 4; and specifically the
pertaining to the Substance Abuse and Crime Prevention Act Proposition 36):
Sections 9530(f)(k)(2), 9532(b)(1), 9535(e), 9545(a)(b)(d)(e)(g) and h);
Government Code, Article 1.7, Federal Block Grants, Chapter 2, Part 2, Division 4,
Title 2, commencing at Section 16366.1;
Government Code, Article 7, Federally Mandated Audits of Block Grant Funds
Community Human Services_AOD Agreement
FY 2009-12
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FULLY EXECUTED AGREEMENT A-11+� K�Allocated to Local Agencies, Chapter 1, Part 1, Division 2, Title 5, commencing at
Section 53130;
Title 42, United State Code USC); Section 300x-5; Reports and Audits for Block
Grants;
Block Grant Public Law 102-321 Title 42, USC, commencing at Section 1010];
Block Grant Public Law 103-227 pro-Children Act of 1994];
Block Grant Public Law 107-116;
Single Audit Act of 1984 Public Law 98-502) and the Signal Audit Act
Amendments of 1996 Public Law 104-156) and corresponding OMB Circular A-133
Revised June 30, 1997); and
Title 45 Code of Federal Regulations CFR), Part 84, Section 84.7 and Part 96
Subparts B, C, and L, Substance Abuse Prevention and Treatment Block Grant.
Title 21 CFR, Part 291 Food and Drug Administration Requirements for Narcotic
Treatment Programs)
Title 21 CFR, Part 1300 Drug Administration Requirements for Food and Drugs)
State Administrative Manual, Chapter 7200
10.4 Drug/Medi-Cal Services. For services funded by Drug/Medi-Cal, CONTRACTOR shall be
licensed, registered, certified and approved as required by the appropriate agencies. In providing
services under this Agreement, CONTRACTOR shall comply with all applicable laws, regulations,
and administrative requirements adopted by federal, state, and local governments, including, but not
limited to, the following:
Health and Safety Code HSC), Sections 11987.3 and 11987.5(b) and c) and Sections
11758.40 through 11758.47
Welfare and Institutions Code W&IC), Chapter 7, Sections 14000, et seq., and
11987.5(b) and c) and Sections 11758.40 through 11758.47
42 USC 1396(a)(30-33) and Title 42, Code of Federal Regulations, Sections 456.2
through 456.6 inclusive.
Title 21 Code of Federal Regulations CFR) Parts 291 and 1300, et seq. And CCR, Title
9, Sections 10,000, et seq.;
Title 22, California Code of Regulations, Sections 51341.1, 51490.1 and 51516.1;
Title 9, CCR, Division 4 and Chapter 5, Sections 10500, et seq.;
Drug Medi-Cal Certifications Standards for Substance Abuse Clinics;
Standards for Drug Treatment Programs; and
In instances where inconsistencies occur, the provisions of Title 22, California Code of
Regulations shall apply.
10.5 Assistance may be sought from the State in the event of a dispute over the terms and conditions
of the County's contract in accordance with the Appeal Process" portion of the County's contract
with the State.
11. PERSONNEL
11.1 CONTRACTOR shall furnish such qualified and appropriate personnel as prescribed by Title 9
of the California Code of Regulations, for the type(s) of service(s) CONTRACTOR shall perform.
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ANNUAL-U012
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FULLY EXECUTED AGREEMENT A-11+�
K�11.2 CONTRACTOR's professional personnel shall have and maintain in good standing the
appropriate State license for their given profession, and a copy of said current license shall be kept in
the employee personnel file.
11.3 CONTRACTOR shall insure that sufficient training is provided to its volunteer and paid staff,
to enable them to perform effectively on the project and to increase their existing level of skills.
Documentation of training shall be kept in personnel or volunteer files.
11.4 Sexual contact shall be prohibited between clients and the treatment program staff, including
the board of directors. CONTRACTOR shall include the policy prohibition as part of an overall
client's rights statement given the client at admission, and the service provider shall include a statement
in each employee personnel file noting that the employee has read and understood the sexual contact
prohibition. The policy shall remain in effect for two 2) years after a client is discharged from drug
abuse treatment services.
11.5 CONTRACTOR shall submit to the COUNTY evidence of compliance with the California
Drug-Free Workplace Act of 1990, Government Code sections 8350 et seq., which states that all
alcohol and/or drug program contractors of services receiving funds from and through the State
Department of Alcohol and Drug Programs provide an alcohol/drug-free workplace by doing all of the
following:
11.5.1 Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying the actions that will be taken against employees for
violations of the prohibition.
11.5.2 Establishing a drug-free awareness program to inform employees about all of the
following:
11.5.2.1 The dangers of drug abuse in the workplace.
11.5.2.2 The person's or organization's policy of maintaining a drug-free workplace.
11.5.2.3 Any available drug counseling, rehabilitation, and employee assistance
programs.
11.5.2.4 The penalties that maybe imposed upon employees for drug abuse violations.
11.5.2.5 Requiring that each employee engaged in the performance of the contract or
grant be given a copy of the company's drug-free policy statement and that, as a condition of
employment on the contract or grant, the employee agrees to abide by the terms of the
statement.
11.6 CONTRACTOR shall not include any message on the responsible use, if the use is unlawful,
of drugs or alcohol in the provision of services under this Agreement.
11.7 CONTRACTOR shall require that smoking not be permitted in any portion of any indoor
facility used routinely or regularly for the provision of health, day care, early childhood development
services, education, or library services to children under the age of 18.
11.8 CONTRACTOR agrees that no part of any federal funds provided under this Agreement
will be used by CONTRACTOR to pay the salary of an individual in excess of $171,900 per year.
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FULLY EXECUTED AGREEMENT A-11+�
K�11.9 The parties mutually agree that no individual who leaves COUNTY employment and is
thereafter hired or retained by CONTRACTOR to perform services shall be permitted to perform any
services of any nature or kind under this Agreement or any other Agreement in which the COUNTY's
Behavioral Health Division and/or its various clients are involved without the specific prior written
consent of the COUNTY's Behavioral Health Director. Such consent shall be a matter that is entirely
within the discretion of the Behavioral Health Director to give or withhold. Non-compliance with this
contractual provision shall be deemed good cause for termination of the parties' Agreement under the
provisions of Section 5.2.2, hereinabove.
12. RECORDS AND REPORTS
12.1 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports
and records that may be required by federal, state, and County rules and regulations related to
services performed under this Agreement. CONTRACTOR shall maintain such records for a period
of at least three years after receipt of final payment under this Agreement. If any litigation, claim,
negotiation, audit exception, or other action, CONTRACTOR shall retain said records until such
action is resolved.
12.2 Access to and Audit of Records. The COUNTY shall have the right to examine, monitor,
and audit all records, documents, conditions, and activities of the CONTRACTOR and its
subcontractors related to services provided under this Agreement. Pursuant to Government Code
section 8546.7, if this Agreement involves the expenditure of public funds in excess of ten thousand
dollars $10,000), the parties to this Agreement may be subject, at the request of the COUNTY or as
part of any audit of the COUNTY, to the examination and audit of the State Auditor pertaining to
matters connected with the performance of this Agreement for a period of three 3) years after final
payment under the Agreement.
12.3 COUNTY Records. When this Agreement expires or terminates CONTRACTOR shall
return to COUNTY all COUNTY records, which CONTRACTOR utilized or received, from
COUNTY to perform services under this Agreement.
12.4 CONTRACTOR shall notify the COUNTY upon reaching 90% of its capacity to
admit individuals to the program.
12.5 The CONTRACTOR shall furnish all data and reports required to implement the Client Data
System established by the COUNTY. The CONTRACTOR shall submit input reports in the format
and timeliness prescribed by the COUNTY Alcohol and Drug Reporting Guidelines
12.6 Royalties and Inventions. COUNTY shall have a royalty-free, exclusive and irrevocable
license to reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of COUNTY.
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K�13. CONFIDENTIALITY
13.1 CONTRACTOR shall maintain the confidentiality of its records, including billings and
computerized records, in accordance with all applicable state and federal laws and regulations
regarding confidentiality of participant records and information including but not limited to:
Title 42, Code of Federal Regulations, Part 2, Sections 2.1 through 2.67, inclusive;
Welfare and Institutions Code Sections 14100.2; Health and Safety Code, Division 10.5,
Section 11977; and
Title 22, California Code of Regulations, Section 51009.
CONTRACTOR shall inform all its officers, employees, and agents providing services hereunder of
said confidentiality provisions.
13.2 Confidential medical or personal records and the identities of clients and complainants shall
not be disclosed unless there is proper consent to such disclosure or a court order requiring disclosure.
Confidential information gained by CONTRACTOR from access to any such records and from
contact with its clients and complainants shall be used by CONTRACTOR only in connection with its
conduct of the program under this Agreement. The COUNTY, through the Director of the Department
of Health, shall have access to such confidential information and records to the extent allowed by law
and such information and records to which COUNTY has access shall remain confidential and may be
disclosed only as permitted by law.
14. PARTICIPANT FEES/REVENUE GENERATION
14.1 Non-Drug/Medi-Cal Services. CONTRACTOR shall develop and implement fee assessment
and collection policies and procedures in compliance with Section 11991.5 of the California Health
and Safety Code. Client fee systems must conform to the following criteria:
14. 1.1 The fee system must be equitable;
14.1.2 The fee charged must not exceed actual cost of service to the client;
14.1.3. The fee system must consider the client's income and expenses; and
14.1.4 The DIRECTOR must approve the fee system.
14.1.5 Services shall not be denied because of a client's ability or inability to pay.
14.2 Drug/Medi-Cal. CONTRACTOR charges no fees to Drug/Medi-Cal beneficiaries for access to
Drug/Medi-Cal services or for admission to a Drug/Medi-Cal treatment slot. Proof of eligibility shall
be accepted as payment in full for Drug/Medi-Cal services, except where share of cost co-payment)
requirements are noted through eligibility verification.
15. AUDITS
15.1 CONTRACTOR shall provide two 2) copies of their audited financial statements within one
hundred eighty 180) days after the end of the COUNTY fiscal year, or close of the Contract period if
shorter, unless such requirement is waived by written notice by DIRECTOR. CONTRACTOR shall
conduct and submit to the DIRECTOR a copy of a certified independent audit of all expenses pursuant
to this Agreement in accordance with generally accepted accounting principles, and instructions
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K�provided by COUNTY.
15.2 Providers receiving more than $500,000 in federal alcohol and drug funding are subject to the
Office of Management and Budget OMB) Circular A-133 entitled Audits of Institutions of Higher
Education and Other Nonprofit Institutions".
15.3 Any and all audit exceptions or disallowances by any COUNTY, state or federal agency
resulting from an audit of the performance of this Agreement, or action by CONTRACTOR, its
officers, agents and employees shall be the sole responsibility of the CONTRACTOR.
CONTRACTOR agrees to develop and implement any corrective action plans in a manner
acceptable to the COUNTY in order to comply with recommendations contained in the audit report.
Such corrective action plans shall include time specific objectives to allow for measurement of
progress.
15.4 If results of any audit indicate that the funds paid to CONTRACTOR under this Agreement
exceeded the allowable amounts, then CONTRACTOR shall pay the excess amount to COUNTY in
cash not later than sixty 60) days after the final audit settlement, or, at COUNTY'S election,
COUNTY may recover the excess or any portion thereof by offsets made by COUNTY against any
payments owed to CONTRACTOR under this or any other contract.
15.5 All expenditures of state and federal funds furnished by COUNTY are subject to audit by
COUNTY. Such audits shall build upon audits already performed. Objectives of such audits may
include, but not be limited to, the following:
15.5.1 To determine whether units of service claimed/reported are properly documented by
service records and accurately accumulated for claiming/reporting;
15.5.2 To validate data reported by CONTRACTOR for prospective contract negotiations;
15.5.3 To provide technical assistance in addressing current year activities and providing
recommendations on internal controls, accounting procedures, financial records and
compliance with laws and regulations;
15.5.4 To determine the cost of services, net of related patient and participation fees, third
party payments, and other related revenues and funds;
15.5.5 To determine that expenditures are made in accordance with applicable federal and
state laws and regulations and contract requirements; and/or
15.5.6 To determine the facts in relation to analysis of data, complaints, or allegations, which
may be indicative of fraud, abuse, willful misrepresentation, or failure to achieve contract
objectives.
15.6 CONTRACTOR agrees to maintain and retain all appropriate service and financial records for
a period of at least 3) three years after the end of each fiscal year or until any audit findings are
resolved, whichever is later.
15.7 Subject to state and federal confidentiality requirements, CONTRACTOR agrees to furnish
duly authorized representatives from state, federal or COUNTY government access to patient and/or
client records necessary to review or audit contract services and to disclose all financial transactions
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15.8 If this contract involves the expenditure of public funds in excess of $10,000, the contracting
parties shall be subject to the examination and audit of the State Auditor for the State of California
for a period of three 3) years after final payment under the contract, as required by Government
Code Section 8546.7. The examination and audit shall be confined to those matters connected with
the performance of the contract, including, but not limited to, the costs of administering the contract.
16. ANNUAL COST REPORT
16.1 For each fiscal year, or portion thereof, that this Agreement is in effect, CONTRACTOR shall
provide to the COUNTY one original and two copies of an annual cost report within sixty 60) days
following the close of each fiscal year. Such cost report shall be prepared in accordance with generally
accepted accounting principles and cost report forms and instructions provided by COUNTY.
16.2 If this Agreement is terminated or canceled prior to June 30th of any year, the annual cost
report shall be for that Agreement period which ends on the termination or cancellation date, and two
copies of such report shall be submitted to the COUNTY within sixty 60) days after such termination
or cancellation date.
16.3 If, as a result of the Cost Report, any discrepancy is found between the total allowable net costs
paid to the CONTRACTOR on its monthly claims and the total allowable net costs that should have
been reported for the same period of time, the CONTRACTOR shall reimburse the amount of the
overpayment in a single payment to the COUNTY within thirty 30) days after the COUNTY notifies
the CONTRACTOR of the interim settlement with the Sate of California. As an alternative or
supplemental remedy, the COUNTY may elect to recover all or part of the overpayment by means of
an offset against any payments then or thereafter owing to the CONTRACTOR by the COUNTY
under this or any other contract.
17. POLITICAL ACTIVITIES PROHIBITED
None of the funds provided directly under this Agreement shall be used for any political
activities or to further the election or defeat of any candidate for public office.
18. UNION ORGANIZING
18.1 CONTRACTOR will not assist, promote or deter union organizing by employees performing
work on a state service contract, including a public works contract.
18.2 No state funds received under this contract will be used to assist, promote or deter union
organizing.
18.3 CONTRACTOR will not, for any business conducted under this Agreement, use any state
property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist,
promote or deter union organizing unless the state property is equally available to the general public
for holding meetings.
18.4 If CONTRACTOR incurs cost, or makes expenditures to assist, promote or deter union
organizing, CONTRACTOR will maintain records sufficient to show that no reimbursement from
state funds has been sought for these costs, and CONTRACTOR shall provide those records to the
Attorney General upon request.
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FY 2009-12
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LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
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APPROVE-U07
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MCKEES-U10
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PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
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OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
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2009-U012
THROUGH-U012
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30,-U012
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AMOUNT,-U012
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FULLY EXECUTED AGREEMENT A-11+�K�19. DELEGATION AND ASSIGNMENT
CONTRACTOR may not delegate its duties and/or assign its rights hereunder, either in whole
or in part, without the prior written consent of the COUNTY, and any assignment without such
consent shall automatically terminate this Agreement. Any delegation and/or assignments submitted
to the COUNTY for review and approval shall be in the form of a subcontract.
20. NOTICES
Notices to the parties in connection with this Agreement may be given personally or by regular
mail addressed as follows:
COUNTY OF MONTEREY CONTRACTOR
Wayne W. Clark, Ph.D. Robin McRae
Behavioral Health Director Executive Director
Department of Health, Behavioral Health Division Community Human Services
1270 Natividad Road. Room 200 2560 Garden Rd. Suite 201-
B, Monterey, CA 93 942
Salinas, CA 93906-3198 831) 658-3811
21. AMENDMENT
21.1 No alteration, variation, or amendment to the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
21.2 Both COUNTY and CONTRACTOR may agree to amend or re-negotiate the contract. A
written contract amendment will be required to change allocated amounts for each fiscal year of the
contract.
21.3 A contract amendment may be submitted at any time during the fiscal year by mutual written
agreement of the parties. An amendment proposed by one party shall be forwarded in writing to the
other party.
21.4 A response accepting or rejecting the amendment will be made by either party in writing within
thirty 30) days of receiving a request for an amendment.
21.5 In the event of changes in the law that affect provisions of this Agreement, the parties agree to
amend the affected contract provisions to conform to the changes in the law retroactive to the effective
date of such changes in the law. The parties further agree that the terms of this Agreement are
severable and in the event of changes in the law as described above, the unaffected provisions and
obligations of the Agreement will remain in full force and effect.
22. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS
To the greatest extent possible, all equipment and products purchased with the funds made
available through this contract should be American made.
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MG75341-U03
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AI81978-U03
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C5-U03
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5%)-U012
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FULLY EXECUTED AGREEMENT A-11+�K�23. USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
SUBSTANCES
None of the funds made available through this Agreement maybe used for any activity that
promotes the legalization of any drug or other substance included in Schedule 1 of Section 203 of the
controlled substance Act 21 USC 812).
24. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
No funds made available through this Agreement shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
25. HEALTH INSURANCE AND PORTABILITY AND ACCOUNTABILITY ACT
If any of the work performed under this Agreement is subject to the Health Insurance
Portability Act of 1996, Public Law 104-191 HIPPA), then CONTRACTOR shall perform the work
in compliance with all applicable provisions of HIPPA. CONTRACTOR and COUNTY will
cooperate to determine what if an, may be impacted by HIPPA and amend this agreement if needed to
assure compliance with HIPPA.
26. AGREEMENT PREPARATION
This Agreement has been arrived at through negotiation and neither party is to be deemed
the party that prepared this Agreement within the meaning of Civil Code Section 1654.
27. MISCELLANEOUS PROVISIONS
27.1 Conflict of Interest. CONTRACTOR represents that it presently has no interest and shall not
acquire any interest during the term of this Agreement which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
27.2 Amendment. This Agreement may be amended or modified only by an instrument in writing
signed by the COUNTY and the CONTRACTOR.
27.3 Waiver. Any waiver of any terms and conditions hereof must be in writing and signed by
the County and the CONTRACTOR. A waiver of any of the terms and conditions hereof shall not
be construed as a waiver of any other terms or conditions in this Agreement.
27.4 CONTRACTOR. The term CONTRACTOR" as used in this Agreement includes
CONTRACTOR's officers, agents, and employees acting on CONTRACTOR's behalf in the
performance of this Agreement.
27.5 Disputes. CONTRACTOR shall continue to perform under this Agreement during any
dispute.
27.6 Assignment and Subcontracting. CONTRACTOR shall not assign, sell, or otherwise transfer
its interest or obligations in this Agreement without the prior written consent of the COUNTY.
None of the services covered by this Agreement shall be subcontracted without the prior written
approval of the COUNTY. Notwithstanding any such subcontract, CONTRACTOR shall continue
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SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
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A-U07
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AGREEMENT-U012
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OF-U012
ALCOHOL-U012
DRUG-U012
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SERVICES-U012
IN-U012
ANNUAL-U012
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OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
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THROUGH-U012
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FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
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PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
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SCOPE-U012
OF-U012
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FULLY EXECUTED AGREEMENT A-11+�K�to be liable for the performance of all requirements of this Agreement.
27.7 Successors and Assigns. This Agreement and the rights, privileges, duties and obligations of
the COUNTY and CONTRACTOR under this Agreement, to the extent assignable or delegable,
shall be binding upon and insure to the benefit of the parties and their respective successors,
permitted assigns and heirs.
27.8 Headings. The section and paragraph headings are for convenience only and shall not be
used to interpret the terms of this Agreement.
27.9 Time is of the essence. Time is of the essence in each and all of the provisions of this
Agreement.
27.10 Governing Law. This Agreement shall be governed by and interpreted under the laws of the
State of California.
27.11 Non-exclusive agreement. This Agreement is non-exclusive and both COUNTY and
CONTRACTOR expressly reserve the right to contract with other entities for the same or similar
services.
27.12 Construction of Agreement. The COUNTY and CONTRACTOR agree that each party has
fully participated in the review and revision of this Agreement and that any rule of construction to
the effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
27.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same Agreement.
27.14 Authority. An individual executing this Agreement on behalf of the COUNTY or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this Agreement on behalf of such entity and bind the party to the terms and conditions of this
Agreement.
27.15 Integration. This Agreement, including the exhibits, represents the entire Agreement between
the COUNTY and the CONTRACTOR with respect to the subject matter of this Agreement and
shall supersede all prior negotiations, representations, or agreements, either written or oral, between
the COUNTY and the CONTRACTOR as of the effective date of this Agreement, which is the date
the COUNTY signs the Agreement.
27.16 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between
the provision of this Agreement and the provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
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LI21329-U03
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FO74555-U03
FO75266-U03
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AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
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BOYDA-U04
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FULLY EXECUTED AGREEMENT A-11+�K�28. CONCLUSION
This Agreement together with all exhibits attached hereto and incorporated by reference, shall
represent the entire and integrated Agreement between the COUNTY and CONTRACTOR and shall
supersede all prior negotiations, representations, or agreements, either written or oral, between the
parties with respect to the subject matter of this Agreement as of the effective date hereof.
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FO74555-U03
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FULLY EXECUTED AGREEMENT A-11+�K�IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement as of the
day and year last written below.
COUNTY OF MONTEREY
By:
Mike Derr, Purchasing Mana er
en Fo irc
Approved as to Fo
By:
Stacy L. Saetta
qrt County Counsel
Date: /
n / y
t
Approved as to Fiscal Provisio
L&A
Date:
G'IG' A
FTE
M
2
Approved as t6Y.t9t7 Cti qYFegAn TO INDEMNITY/
INSURANCE LANGUAGE
B
y: if g9z
StevFv ement
Date: Date: G O
Approved as to Content
By:
Date:
Wayne Clark, Behavioral Health Director
CONTRACTOR
COMMUNITY HUMAN SERVICES
Contractor*
N
By:
Date:
By:
Date:
Robin MSCrae, Executive Director
Cedric Otsuki, CFO*
INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and nonprofit corporations, the full legal name of
the corporation shall be set forth above together with signatures of two specified officers.
If CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of an officer who
has authority to execute this Agreement on behalf of the partnership.
If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the business, if any, and shall
personally sign the Agreement
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FULLY EXECUTED AGREEMENT A-11+�K�EXHIBIT A
PROGRAM DESCRIPTION
PROGRAM 1: RESIDENTIAL DRUG TREATMENT
Target Population
Monterey County men and women, age 18 years or older with primary addiction to drug(s).
Intravenous drug users and HIV+ clients will receive priority admission.
Program Description
1. Long term approximately 4 6 months), highly structured Residential Drug Treatment for
up to 21 adults. Residential Drug Treatment Services include:
Room and board with 24-hour staff supervision
Comprehensive substance abuse assessment
Abridged mental health status exam
Individualized treatment plan
Medically supervised detoxification/withdrawal
Random drug testing
Ongoing, basic medical services, including initial examination
Group counseling 5 times/week, facilitated by counseling staff)
Individual counseling minimum, 1 time/week, facilitated by counseling staff)
Family counseling by appointment, facilitated by counseling staff)
Introduction to 12-step recovery programs/peer support groups
On-site AA and NA meetings 2 per week)
Substance abuse education
Relapse prevention
Discharge and Aftercare planning
Case management
Transportation
Referrals/linkages to other community services
Grad Group weekly, facilitated by counseling staff)
2. Residential Drug Treatment is structured in three phases:
Phase I Threshold 2 weeks):
Short term detoxification and stabilization coinciding with black out period" no
unauthorized visitors/communications allowed) The goals are detoxification/withdrawal and
emotional stabilization, identification of basic feelings and issues, introduction to 12-step
principles, and acceptance of responsibility for one's own recovery. Residents are admitted
to Threshold upon entry to the program. Relapse prevention begins in Threshold and
continues in Phase II and Phase III.
Phase II Core 4 weeks):
The goals of the Core Program are continued abstinence, work on treatment plan, processing
of basic feelings and issues, active involvement in one's own recovery, including attendance
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2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�at 12-step meetings and obtaining a sponsor. Residents begin to clarify values. Legal,
financial and familial responsibilities are addressed, as well as employment and housing
needs. Discharge and aftercare planning begins in Phase II and is completed in Phase III.
Phase III Re-Entry 6 weeks):
The goal of Re-Entry is preparation for re-integration into the community with emphasis on
resolving housing and employment issues, as well as identifying support for maintenance of
recovery, including participation in weekly Grad Group.
Service Objectives
1. Operate and maintain a State certified residential drug treatment program in accordance with
State Department of Alcohol and Drug Programs license regulations. Genesis Residential
Center is licensed for 36 beds: 28 co-ed residential drug treatment beds and 8 perinatal
residential drug treatment beds.
2. Contracted Capacity and Estimated Occupancy:
a. Contracted Capacity: Annually, Community Human Services will make available to the
Monterey County Behavioral Health Division 21 beds or 6,068 bed days.
b. Estimated Occupan cy: Annually, of the 6,068 bed days available, the Behavioral
Health Division anticipates utilizing 90% or 5,461 bed days.
Assessment and Referral
Individuals requesting admission to the Residential Drug Treatment program may have an
assessment completed by the Behavioral Health Division assessment staff or program may
complete an intake assessment for self-referred clients. Upon completion of the assessment,
access to the program will be made by a referral from the Behavioral Health Division for
funded services only.
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
PROGRAM 2: RESIDENTIAL DRUG TREATMENT PROPOSITION 36
Target Population
In Monterey County, at the defendant's request, through defendant's attorney, the Court may
grant the Proposition 36 drug treatment program. Initially, the Court determines whether the
defendant is eligible for Proposition 36 and advises the defendant and defendant's attorney
of that determination. Subsequently, the Monterey County Health Department's Behavioral
Health Division may authorize men and women, 18 years or older, with primary addiction to
drug(s) for enrollment in this program.
Program Description
1. Short term 90 day), highly structured Residential Drug Treatment for 7 adults. Residential
Drug Treatment Services include:
Community Human Services_AOD Agreement
FY 2009-12
Page 21
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K� Room and board with 24-hour staff supervision
Comprehensive substance abuse assessment
Abridged mental health status exam
Individualized treatment plan
Medically supervised detoxification/withdrawal
Random drug testing
Ongoing, basic medical services, including initial examination
Group counseling 5 times/week, facilitated by counseling staff)
Individual counseling minimum 1 time/week, facilitated by counseling staff)
Family counseling by appointment, facilitated by counseling staff)
Introduction to 12-step recovery programs/peer support
On-site AA and NA meetings 2 per week)
Substance abuse education
Relapse prevention
Discharge and Aftercare planning
Case management
Transportation
Referrals/linkages to other community services
Grad Group weekly, facilitated by counseling staff)
2. Residential Drug Treatment is structured in three 3) phases:
Phase I Threshold 2 weeks):
Short term detoxification and stabilization coinciding with blackout period" no
unauthorized visitors/communications allowed). The goals of Threshold are
detoxification/withdrawal and emotional stabilization, identification of basic feelings and
issues, introduction to 12-step principles, and acceptance of responsibility for one's own
recovery. Residents are admitted to Phase I upon entry to the program. Relapse prevention
begins in Phase I and continues in Phase II and III.
Phase II Core 4 weeks):
The goals of Phase II are continued abstinence and work on treatment plan, processing of
basic feelings and issues, active involvement in one's own recovery, including attendance at
12-step meetings and getting a sponsor. Residents begin to clarify values. Legal, financial
and family responsibilities are addressed, as well as employment and housing needs.
Discharge and aftercare planning begins in Phase II and is completed in Phase III.
Phase III Re-Entry 6 weeks):
The goal of Phase III is preparation for re-integration into the community with emphasis on
resolving housing and employment issues, as well as identifying support for maintenance of
recovery, including participation in weekly Grad Group.
Service Objectives
1. Operate and maintain a State certified residential drug treatment program in accordance with
State Department of Alcohol and Drug Programs license regulations. Genesis Residential
Center is licensed for 36 beds: 28 residential drug treatment beds and 8 perinatal residential
drug treatment beds.
Community Human Services_AOD Agreement
FY 2009-12
Page 22
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�2. Contracted Capacity and Estimated Occupancy:
a. Contracted Capacity: Annually, Community Human Services will make available to the
Monterey County Behavioral Health Division 7 beds or 1,948 bed days.
b. Estimated Occupan cy: Annually, of the 1,948 bed days available, the Behavioral
Health Division anticipates utilizing 90% or 1,753 bed days.
Assessment and Referral
Individuals requesting admission to the Residential Drug Treatment Prop 36 program must
have an assessment completed by the Behavioral Health Division assessment staff. Upon
completion of the assessment, access to the program will be made by a referral from the
Proposition 36 Behavioral Health Division Assessment Staff who will provide an Initial
Authorization Form See Exhibit I).
Fees Non-Drug/Medi-Cal Services)
Proposition 36 fees collected will be used to offset COUNTY dollars paid to the
CONTRACTOR.
Drug treatment programs in which clients are placed shall assess fees toward the cost of
treatment based on their determination of a client's ability to pay in accordance with Section
11991.5 of the Health and Safety Code. Such fees shall be deducted from the drug treatment
program's cost of providing services in accordance with Health and Safety Code Section
11987.9. COUNTY shall pay the drug treatment program the remaining cost of providing
services in accordance with either the actual cost of the service or the negotiated rate
method, as specified in Section 11987.5 of the Health and Safety Code. The program will
develop and maintain a fee system approved by the County Behavioral Health Director.
Services will not be denied because of an individual's inability to pay.
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
PROGRAM 3: PERINATAL RESIDENTIAL DRUG TREATMENT
Target Population
Pregnant and parenting women who are residents of Monterey County and age 18 years or
older with primary addiction to drug(s). Priority admission is given to pregnant women,
intravenous drug users and HIV+ women.
Program Description
1. Long term approximately 7 10 months) highly structured residential drug treatment for
perinatal women. Up to six 6) children age birth to 5) may reside with their mothers in
treatment.
Community Human Services_AOD Agreement
FY 2009-12
Page 23
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�2. Perinatal Residential Drug Treatment is designed to provide up to ten 10) months of unique
services to the women and children in the program. Perinatal residential drug treatment
services include on-site child care, coordination of prenatal, postpartum and well-baby
medical care, parenting education, nutritional counseling and family planning, in addition to
all the services listed under Program 1: Residential Drug Treatment Program description
above.
Service Objectives
1. Operate and maintain a State certified residential drug treatment program in accordance with
State Department of Alcohol and Drug Programs license regulations. Genesis Residential
Center is licensed for 8 perinatal residential drug treatment beds.
2. Contracted Capacity and Estimated Occupancy:
a. Contracted Capacity: Annually, Community Human Services will make available to the
Monterey County Behavioral Health Division 7 beds or 1,999 bed days.
b. Estimated Occupan cy: Annually, of the 1,999 bed days available, the Behavioral
Health Division anticipates utilizing 90% or 1,799 bed days.
Assessment and Referral
Individuals requesting admission to the Perinatal Residential Drug Treatment program may
have an assessment completed by the Behavioral Health Division assessment staff or
program may complete an intake assessment for self-referred clients. Upon completion of
the assessment, access to the program will be made by a referral from the Behavioral Health
Division for funded services only.
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
PROGRAM 4: PERINATAL RESIDENTIAL DRUG TREATMENT
PROPOSITION 36
Target Population
In Monterey County, at the defendant's request, through defendant's attorney, the Court may
grant the Proposition 36 drug treatment program. Initially, the Court determines whether or
not the defendant is eligible for Proposition 36 and advises the defendant and defendant's
attorney of that determination. Subsequently, the Monterey County Health Department's
Behavioral Health Division may authorize pregnant and parenting women residents of
Monterey County) 18 or older with primary addiction to drug(s) for enrollment in this
Community Human Services' Program. Priority admission is given to pregnant women,
intravenous drug users and HIV+ individuals.
Program Description
1. Short term 120 day) highly structured residential drug treatment for perinatal women. Up to
six 6) children age birth to 5) may reside with their mothers in treatment.
Community Human Services_AOD Agreement
FY 2009-12
Page 24
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�2. Perinatal Residential Drug Treatment is designed to provide up to four 4) months of unique
services to the women and children in the program. Perinatal residential drug treatment
services include on-site child care, coordination of prenatal, postpartum and well-baby
medical care, parenting education, nutritional counseling and family planning, in addition to
all the services listed under Program 1: Residential Drug Treatment above.
Service Objectives
1. Operate and maintain a State certified residential drug treatment program in accordance with
State Department of Alcohol and Drug Programs license regulations. Genesis Residential
Center is licensed for 8 perinatal residential drug treatment beds.
2. Contracted Capacity and Estimated Occupancy:
a. Contracted Capacity: Annually, Community Human Services will make available to the
Monterey County Behavioral Health Division 1 bed or 358 bed days.
b. Estimated Occupan cy: Annually, of the 358 bed days available, the Behavioral Health
Division anticipates utilizing 90% or 322 bed days.
Assessment and Referral
Individuals requesting admission to the Perinatal Residential Drug Treatment Prop 36
program must have an assessment completed by the Behavioral Health Division assessment
staff. Upon completion of the assessment, access to the program will be made by a referral
from the Proposition 36 Behavioral Health Division Assessment Staff who will provide an
Initial Authorization Form See Exhibit I).
Fees Non-Drug/Medi-Cal Services)
Proposition 36 fees collected will be used to offset COUNTY dollars paid to the
CONTRACTOR.
Drug treatment programs in which clients are placed shall assess fees toward the cost of
treatment based on their determination of a client's ability to pay in accordance with Section
11991.5 of the Health and Safety Code. Such fees shall be deducted from the drug treatment
program's cost of providing services in accordance with Health and Safety Code Section
11987.9. COUNTY shall pay the drug treatment program the remaining cost of providing
services in accordance with either the actual cost of the service or the negotiated rate
method, as specified in Section 11987.5 of the Health and Safety Code. The program will
develop and maintain a fee system approved by the County Behavioral Health Director.
Services will not be denied because of an individual's inability to pay.
Perinatal Services Network Guideline Requirements
Contractor shall comply with the following childcare requirements as stipulated in the Perinatal
Services Network Guidelines 2004" 45 CFR 96.124 and HSC 1175.59(b)(2)(F)):
Childcare must be made available for program participants' children while participating in on-site
treatment program activities and off-site ancillary services. Child care may be provided on-site
either through a licensed program or a licensure-exempt child care facilities off-site, except at noted
in 1) below. Activities for children may include efforts to address their developmental needs,
Community Human Services_AOD Agreement
FY 2009-12
Page 25
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�K�sexual and physical abuse, and neglect issues.
Depending on the age of the child, the following requirements apply:
1. Child care must be on-site for participants' children between birth and 36 months while the
mothers are participating in the program unless a waiver is approved by ADP).
2. Child care may be provided on-site or off-site for participants children who are between 37
months and 12 years of age.
3. Child care for children between 13 and 17 years of age or if necessary or appropriate may
be on-site or off-site as long as their inclusion in the program does not negatively impact
the younger children.
The Pro-Children Act of 1994 20 United States Code 6081 et.seq.) prohibits smoking in any indoor
facility where services for children are federally funded or where the facility is constructed,
operated, or maintained by federal funds.
In addition to the childcare requirements listed above, Contractor shall comply with the requirements
for perinatal programs as set forth in the Perinatal Services Network Guidelines 2004" until such time
new Perinatal Services Network Guidelines are established and adopted.
Proposition 36 Programs:
Extension of Services
Contractor may request from the designated BH Contract Monitor an extension of services of up to
30 days for any enrolled Perinatal Residential or Perinatal Residential Prop 36 client who is in need
of additional services. Contractor will submit a Request for Reauthorization form via fax to
designated BH staff for review and approval for extension of services Refer to Exhibit K).
Proposition 36 and Drug Court Programs:
Weekly Progress Report
To effectively track and coordinate client referrals and services, Contractor will submit a weekly
progress report for each Proposition 36 and Drug Treatment Court client that is scheduled to attend
court for that particular week to the Proposition 36 and Drug Treatment Court Behavioral Health
Staff Refer to Exhibit J).
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
PROGRAM 5: OUTPATIENT NARCOTIC TREATMENT PROGRAM NTP)
Target Population
Medi-Cal eligible adults, age 18 years or older, with primary addiction to heroin or other opiate(s).
Priority admission is given to intravenous drug users, HIV+ individuals and pregnant women.
Community Human Services_AOD Agreement
FY 2009-12
Page 26
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LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
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FULLY EXECUTED AGREEMENT A-11+�K�Program Description
Long term, defined as periods of time exceeding twenty-one 21) days, daily administration of
methadone as a substitute for heroin or other opiates, preventing symptoms of withdrawal without
creating euphoria. Medical and counseling services are also provided.
Service Objectives
1. Operate and maintain a State licensed, Drug/Medi-Cal certified outpatient narcotic treatment
program in accordance with all applicable State and Federal laws.
2. Provide estimated 35,000 methadone doses to continuously enrolled Drug/Medi-Cal eligible
clients.
3. Provide an estimated 20,000 individual counseling units to continuously enrolled
Drug/Medi-Cal eligible clients. Each counseling unit shall be 10 minutes.
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
PROGRAM 6: DRUG AND ALCOHOL INTERVENTION SERVICES FOR YOUTH
PROGRAM DAISY)
Target Population
At-risk Monterey County youth and their families are the population of focus. Services are available
for substance-abusing, pre-delinquent youth including status offenders, pre-court, probation
without wardship, first time offenders, etc.) who are primarily in grades 6 9 through the Drug and
Alcohol Intervention Services for Youth program DAISY).
Program Description
1. Employment of one 1) full-time bilingual/Spanish counselor, to provide counseling and
case management and assess referrals for eligibility and suitability for services for qualified
court-involved youths, utilizing funding from the Juvenile Justice Crime Prevention Act
JJCPA).
2. The program was the Cannabis Youth Treatment and Seven Challenges curricula.,
3. Collaborate as necessary with other agencies involved in the Silver Star Youth Program.
4. Participate in team meetings with school, Probation, or other relevant staff, when necessary
as well as attend collaborative meetings to coordinate the overall implementation of the
JJCPA programs.
5. Communicate regularly with Probation regarding cash management, program
implementation, records or whatever necessary to determine the effectiveness and outcomes
of this project.
Community Human Services_AOD Agreement
FY 2009-12
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LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+� K�Service Objectives
Provide services for an estimated 30 clients per year, for an estimated 630 units of service
individual and group counseling).
Designated Contract Monitor
Robert Jackson, Senior Psychiatric Social Worker
1441 Constitution Blvd.
Salinas, CA 93906
831) 755-6367
DEPARTMENT OF ALCHOL AND DRUG PROGRAMS YOUTH TREATMENT
GUIDELINES
Contractors providing youth treatment services shall comply with the requirements for youth
programs as contained in Youth Treatment Guidelines 2002" until such time new Youth Treatment
Guidelines are established and adopted.
The Youth Treatment Guidelines may be found on the California Alcohol and Drug Program
Website: http://www.adp.ca.gov/RC/PDF/8566.2df
PERINATAL, CAL OMS DATA AND CAL OMS PREVENTION PROGRAM
REQUIREMENTS:
Contractors providing alcohol and drug treatment and/or prevention services shall fully participate
in the California Outcome Measurement System Ca1OMS) data collection and submission process
and shall meet the timelines as established by the County.
Contractors providing Perinatal Program services shall comply with the requirements for perinatal
programs as contained in Perinatal Services Network Guidelines 2004" until such time new
Perinatal Services Network Guidelines are established and adopted.
The Perinatal Services Network Guidelines may be found on the California Alcohol and Drug
Program Website: http://www.adp.ca.gov/perinatal/pdf/guidelines 04.pdf
DEBARMENT AND SUSPENSIONS
As required by Executive Order 12549, Debarment and Suspension, certain contracts shall not be
made to parties listed on the nonprocurement portion of the General Services Administration's List
of Parties Excluded from Federal Procurement or Nonprocurement Programs" Executive Order
12549 and 12689). The applicant certifies that it and its principals: a) are not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal Department of agency; b) have not within a three year period preceding
this application been convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public Federal, State or Local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen property; c) are
not presently indicted for or otherwise criminally or civilly charged by a governmental entity
Federal, State, or Local) with commission of any of the offenses enumerated in paragraph 1 5)(b)
of this certification' and d) have not within a three-year period preceding this application had one
or more public transactions Federal, State or Local) terminated for cause or default' and Where the
Community Human Services_AOD Agreement
FY 2009-12
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EXECUTED-U02
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A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
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LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+� K�applicant is unable to certify any of the statements in this certification, he/she shall attach an
explanation to this agreement.
Community Human Services_AOD Agreement
FY 2009-12
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LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
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OF-U012
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A-U012
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FULLY EXECUTED AGREEMENT A-11+� K�EXHIBIT B
PAYMENT PROVISIONS
Non-DrugM/Medi-Cal
1. COUNTY shall pay CONTRACTOR for the services rendered to eligible participants and for the
community which fall within the general services described in Exhibit A. The rate for Non-
Drug/Medi-Cal client services that are not co-located with Drug/Medi-Cal client services shall be
a negotiated rate based upon the estimated revenue and units of service. The rate for Non-
Drug/Medi-Cal client services that are co-located with Drug/Medi-Cal client services shall be an
interim rate based upon the Drug/Medi-Cal Statewide Maximum Allowance SMA) adjusted for
County administrative cost. At the end of each fiscal year, COUNTY may make adjustments to
the negotiated rate in accordance with the procedures set forth in Section 16 of this Agreement.
2. Subject to the cost adjustment described in Section 16, COUNTY shall compensate
CONTRACTOR in the following manner:
a. For Residential, Residential Proposition 36, Perinatal Residential, and Perinatal Residential
Aftercare services, CONTRACTOR shall bill COUNTY one twelfth of the annual amount,
monthly, in advance, on the Monthly Service Level Report and Invoice, Exhibit C.
COUNTY shall review actual bed day utilization rate for fixed rate reimbursement programs
on a quarterly basis and adjust reimbursement to the CONTRACTOR accordingly. For all
Proposition 36 funded programs, client co-payments must be subtracted from the monthly
advance payment and reported on the Monthly Services Level and Invoice Report.
CONTRACTOR shall develop a fee schedule in accordance with Section 14 of this
Agreement. Subsequent advance payments will be adjusted to offset the fees collected.
Billings shall be presented to COUNTY promptly after the close of each calendar month, as
required in the County Alcohol and Drug Reporting Guidelines.
b. COUNTY shall pay CONTRACTOR at the following rates per fiscal year:
PROGRAM FY 09-12
Est. Units FY 09-12
Est. Rate FY 09-10
Total FY 10-11
Total FY 11-12
Total
1. Residential 6,068 $68.46 $ 415,475 $ 415,475 $ 415,475
2. Residential Proposition 36 1,948 $88.04 $ 171,522 $ 171,522 $ 171,522
3. Perinatal Residential 1,999 $143.55 $ 287,078 $ 287,078 $ 287,078
4. Perinatal Residential- Proposition 36 358 $161.99 $ 58,143 $ 58,143 $ 58,143
6. Drug & Alcohol Intervention Services
for Youth DAISY) 630 $54.52 $ 34,348 $ 34,348 $ 34,348
SUB TOTAL $966,566 $966,566 $966,566
c. The DIRECTOR may withhold claims for payment to CONTRACTOR for delinquent
amounts due to COUNTY as determined by a cost report or audit report settlement resulting
from this, or prior years', Agreement(s). CONTRACTOR agrees to reimburse COUNTY for
any Federal, State or COUNTY audit exceptions resulting from noncompliance herein on the
part of CONTRACTOR or any subcontractor.
Drug/Medi-Cal
COUNTY shall pay CONTRACTOR for services rendered to eligible participants and to the
Community Human Services-AOD Agreement
FY 2009-12
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FUTURE-U012
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UP-U012
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FULLY EXECUTED AGREEMENT A-11+� K�community which fall within the general services as outlined in Exhibit A. The rates for Drug/Medi-
Cal client services shall be an interim rate based upon the estimated cost and units of services. At
the end of each fiscal year, COUNTY shall make adjustments for actual cost in accordance with the
procedures set forth in Section 16 of this Agreement. Subject to the cost adjustment described in
Section 16. COUNTY shall compensate CONTRACTOR in the following manner:
a. CONTRACTOR shall bill COUNTY monthly, in arrears, on the Monthly Service Level
Report and Invoice Exhibit C. CONTRACTOR must subtract client co-payments from the
monthly advance payment reported on the Monthly Services Level and Invoice Report,
Exhibit C. Billings shall be presented to COUNTY promptly after the close of each calendar
month, as required in the County Alcohol and Drug Reporting Guidelines.
COUNTY shall pay the CONTRACTOR the interim rate times the number of units of
Narcotic Treatment service. The Narcotic Treatment interim rates shall be:
PROGRAM Est. Units
FY 09-12 FY 09-12
Rate FY 09-10
Total FY 10-11
Rate FY 11-12
Total
5. Methadone Doses 35,000 $11.30 $395,500 $395,500 $395,500
5. Individual counseling sessions 20,000 $13.63 $272,600 $272,600 $272,600
TOTAL DRUG / MEDI-CAL PROGRAMS $668,100 $668,100 $668,100
b. The DIRECTOR may withhold claims for payment to CONTRACTOR for delinquent
amounts due to COUNTY as determined by a Drug/Medi-Cal Disallowance Report, Cost
Report or Audit Report settlement resulting from this, or prior years', Agreement(s).
CONTRACTOR agrees to reimburse COUNTY for any Federal, State or COUNTY audit
exceptions resulting from noncompliance herein on the part of CONTRACTOR or any
subcontractor.
3. MAXIMUM OBLIGATION OF COUNTY
A Subject to the limitations set forth herein, COUNTY shall pay to CONTRACTOR
during the term of this Agreement a maximum amount of $4,903,998 for services
rendered under this Agreement.
MAXIMUM ANNUAL LIABILITY
COMMUNITY HUMAN SERVICES: AOD Agreement
FY 2009-10 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,634,666
FY 2010-11 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,634,666
FY 2011-12 TOTAL ESTIMATED ANNUAL CONTRACT AMOUNT $ 1,634,666
TOTAL AGREEMENT MAXIMUM LIABILITY $ 4,903,998
Prohibition on Duplicate Billing
In no event shall CONTRACTOR bill COUNTY for a portion of service costs for which
CONTRACTOR has been or will be reimbursed from other contracts, grants or sources.
Community Human Services-AOD Agreement
FY 2009-12
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FULLY EXECUTED AGREEMENT A-11+� K�Time for Filing Final Claim
CONTRACTOR'S last and final claim for any payment under this contract must be filed not later
than ninety 90) calendar days after the date on which this contract terminates. No claim submitted
by CONTRACTOR after such time will be accepted or paid by COUNTY.
Certification and Payment of Claim by COUNTY
COUNTY shall promptly certify CONTRACTOR's claim either in the requested amount or in such
other amount as COUNTY approves in conformity with this Agreement. COUNTY will compare
the CONTRACTOR claimed amount against the COUNTY authorized amount by mode, service
function, fund source and number of units of service. COUNTY shall then submit such certified
claim to the COUNTY Auditor. The Auditor shall pay the claim in the amount certified by
COUNTY within 30 days of receipt of claim.
Disputed Payment Amount
If COUNTY certifies for payment a lesser amount than the amount requested, COUNTY shall
immediately notify CONTRACTOR in writing of such certification and shall specify the reason for
it. If CONTRACTOR desires to contest the certification, CONTRACTOR must submit a written
notice of protest to COUNTY within twenty 20) days after CONTRACTOR's receipt of the
COUNTY's notice. The parties shall thereafter promptly meet to review the dispute and resolve it on
a mutually acceptable basis. No court action may be taken on such dispute until the parties have met
and attempted to resolve the dispute in person.
Payment Method
1. COUNTY will pay CONTRACTOR for the services provided by CONTRACTOR that have
been authorized pursuant to this agreement.
2. CONTRACTOR will submit a monthly claim for services rendered to:
Monterey County Health Department
Behavioral Health Division
1270 Natividad Road, Room 200
Salinas, CA 93906
ATTN: Accounts Payable
Community Human Services-AOD Agreement
FY 2009-12
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FULLY EXECUTED AGREEMENT A-11+�!K�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.
Community Human Services
ti
Signature ofAuthorized 1epresentative
Date
Business Name of Contractor
Robin McRae
Name ofAuthorized Representative printed)
Executive Director
Title of Authorized Representative
Community Human Services-AOD Agreement
FY 2009-12
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FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
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SIGN-U07
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THREE-U07
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FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
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2010-11-U07
411-HEALTH-U08
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MCKEES-U10
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TREATMENT-U012
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AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
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PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
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OF-U012
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PERIOD-U012
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THROUGH-U012
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FULLY EXECUTED AGREEMENT A-11+�"K�EXHIBIT E ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
CONTRACTOR hereby agrees that it will comply with: 1) Section 504 of the Rehabilitation Act of
1973, as amended 29. U.S.C. 794), 2) all requirements imposed by the applicable HHS Regulations 45
C.F.R. Part 84) and, 3) all guidelines and interpretations issued pursuant thereto.
Pursuant to Section 84.5(a) of the Regulation 45 C.F.R. 84.5a) CONTRACTOR gives this Assurance in
consideration of and for the purpose of obtaining any and all federal grants, loans, contracts except
procurement contracts and contracts of insurance or guaranty), property, discounts or other federal
financial assistance extended after the date of this Assurance, including payments or other assistance
made after such date on applications for federal financial assistance which will be extended in reliance
on the representations and agreements made in this Assurance. The United States will have the right to
enforce this Assurance through lawful means. This Assurance is binding on CONTRACTOR, its
successors, transferees and assignees. The person or persons whose signatures appear below are
authorized to sign this Assurance on behalf of CONTRACTOR.
This Assurance obligates CONTRACTOR for the period during which federal financial assistance is
extended or, where the assistance is in the form of real or personal property, for the period provided for
in section 84.5(b) of the Regulations 45 C.F.R. 84.5b).
In addition, CONTRACTOR gives this assurance for the purpose of obtaining payment from the
COUNTY under this Agreement, regardless of the funding source. This assurance obligates the
CONTRACTOR during the entire term of this Agreement.
CONTRACTOR: Please check A or B)
A. Employs fewer than fifteen persons;
B.
X
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: Community Human Services
Name of Contractor's Designee: Robin McCrae
Title of Designee: Executive Director
Street: P.O. Box 3076
City: Monterey Ca State: CA Zip: 93942
IRS Employer Identification Number:
I certify that the above information is complete and correct to the best of my knowledge and belief.
Si nature of Contractor: Date: I I
I certify that the above information is complete and correct to the best of my knowledge and belief.
By
Contractor's Signature Date
Community Human Services_AOD Agreement
FY 2009-12
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FULLY EXECUTED AGREEMENT A-11+�#K�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.
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FULLY EXECUTED AGREEMENT A-11+�$K� Offer services in Spanish and other necessary languages such as Tagalog) for at least
50% of all services.
Definitions for Cultural Competency
Cultural Competence is defined as a set of congruent practice skills, knowledge, behaviors,
attitudes, and policies that come together in a system, agency, or among consumer providers,
family members, and professionals that enables that system, agency, or those professionals and
consumers, and family member providers to work effectively in cross-cultural situations.
Adapted from Cross, et al., 1989; cited in DMH Information Notice No.02-03).
Cultural Competence is a means to eliminating cultural, racial and ethnic disparities.
Cultural Competence enhances the ability of the whole system to incorporate the languages,
cultures, beliefs and practices of its clients into the service. In this way all clients benefit from
services that address their needs from the foundation of their own culture. Strategies for
elimination of these disparities must be developed and implemented. Cultural Competence must
be supported at all levels of the system.
Framework for Eliminating Cultural, Linguistic, Racial and Ethnic Behavioral Health Disparities
pg 9)
A set of congruent behaviors, attitudes, and policies that come together in a system, agency or
amongst professionals and consumers and enables that system, agency or those professionals
and consumers to work effectively in cross-cultural situations.
Cross, Bazron, Dennis & Issacs, 1989)
The ability to work effectively with culturally diverse clients and communities.
Randall David, 1994)
CONTRACTOR hereby agrees that it will comply with the principles and guidelines set forth in
Monterey County's Cultural Competency Policy as outlined above), and will:
1 Develop organizational capacity to provide services in a cultural competent manner. This
may include: hiring staff with the linguistic capabilities needed to meet the diverse
language needs in Monterey County for example, Spanish and Tagalog); providing staff
with training in cultural competency; making services accessible at locations and times
that minimize access barriers, and ensuring that staff have an open and positive attitude
and feel comfortable working with diverse cultures.
2. Create a physical environment that ensures people of all cultures, ages and sexual
orientation feel welcome and cared for. This may include: decorating waiting and
treatment areas with pictures that reflect the diverse cultures of Monterey County;
providing reading materials, resources and magazines in varied languages, at appropriate
reading levels and suitable for different age groups, including children and youth;
consideration of cultural differences and preferences when offering refreshments;
ensuring that any pictures, symbols or materials on display are not unintentionally
disrespectful to another culture.
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FULLY EXECUTED AGREEMENT A-11+�%K�3. Provide an emotional environment that ensures people of all cultures, ages and sexual
orientation feel welcome and cared for. This may include: respect for individual
preferences for alternative, spiritual and/or holistic approaches to health; a reception staff
that is competent in the different languages spoken by clients; staff that is knowledgeable
of cultural and ethnic differences and needs and is able and willing to respond to them in
an appropriate and respectful manner.
4. Support the county's goal to reduce disparities to care by increasing access and
decreasing barriers to services by unserved and underserved communities.
5. Include the voice of multi-cultural youth, client and family members, including:
monolingual and bilingual clients and family members and representatives from unserved
and underserved communities, in the advisory/governance body or committee for
development of service delivery and evaluation County Goal: 25%).
6. Participate in outcome evaluation activities aimed at assessing individual organizations
as well as countywide cultural competency in providing mental health services.
7. As requested, meet with the Monterey County Behavioral Health Director or designee to
monitor progress and outcomes and report regularly to Behavioral Health coordinating
bodies on the progress and outcome(s) of the project.
8. As appropriate, participate in cultural competency trainings offered by Monterey County
Behavioral Health.
Dissemination of these Provisions. CONTRACTOR shall inform all its officers, employees,
agents, and subcontractors providing services hereunder of these provisions.
By my signature below, as the authorized representative of the CONTRACTOR named below, I
certify acceptance and understanding for myself and the CONTRACTOR of the above
provisions.
Community Human Services
Business Name of Contractor
aRobin McCrae
Signature of Authorized Representative Name of Authorized Representative printed)
1,1(-4
Executive Director
Date Title of Authorized Representative
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FULLY EXECUTED AGREEMENT A-11+�&K�EXHIBIT G BUSINESS ASSOCIATE AGREEMENT
This Agreement, hereinafter referred to as Agreement", is made effective July 1, 2009
by and between the County of Monterey, a political subdivision of the State of California, on
behalf of the Health Department, hereinafter referred to as Covered Entity", and
COMMUNITY HUMAN SERVICES hereinafter referred to as Business Associate",
individually, a Party" and collectively, the Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification
provisions," direct the Department of Health and Human Services to develop standards to protect the
security, confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health
and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA Privacy
Rule"); and
WHEREAS, the United States Congress has enacted the American Recovery and Reinvestment
Act of 2009 ARRA"), which amends HIPAA and the HIPAA Privacy Rule; and
WHEREAS, the State of California has enacted statutes designed to safeguard patient privacy
including, without limitation, the Confidentiality of Medical Information Act CMIA"), California Civil
Code 56 et seq., Senate Bill 541, enacted September 30, 2008, and Assembly Bill 211, enacted
September 30, 2008; and
WHEREAS, the parties acknowledge that California law may include provisions more stringent
and more protective of the confidentiality of health information than the provisions of HIPAA; and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, hereby referred to as the Service
Agreement" and, pursuant to such arrangement, Business Associate may be considered a business
associate" of Covered Entity as defined in the HIPAA Privacy Rule and under California law; and
WHEREAS, Business Associate may have access to Protected Health Information as defined
below) in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties' continuing obligations under the Service
Agreement, compliance with the HIPAA Privacy Rule, as amended by ARRA, compliance with
California law, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to the provisions of this Agreement in order to address the requirements
of the HIPAA Privacy Rule, as amended by ARRA, and California law and to protect the interests of
both Parties.
1. DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Section shall have the definitions
Community Human Services_AOD Agreement
FY 2009-12
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BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�'K�set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this
Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule
shall control. In the event of an inconsistency between the provisions of this Agreement and mandatory
provisions of CMIA or other California law, California law shall control. Where provisions of this
Agreement are different than those mandated in the HIPAA Privacy Rule and California law, but
nonetheless are permitted by the HIPAA Privacy Rule and California law, the provisions of this
Agreement shall control.
The term Protected Health Information" means individually identifiable health information including,
without limitation, all information, data, documentation, and materials, including without limitation,
demographic, medical and financial information, that relates to the past, present, or future physical or
mental health or condition of an individual; the provision of health care to an individual; or the past,
present, or future payment for the provision of health care to an individual; and that identifies the
individual or with respect to which there is a reasonable basis to believe the information can be used to
identify the individual.
Business Associate acknowledges and agrees that all Protected Health Information that is created or
received by Covered Entity and disclosed or made available in any form, including paper record, oral
communication, audio recording, and electronic display by Covered Entity or its operating units to
Business Associate or is created or received by Business Associate on Covered Entity's behalf shall be
subject to this Agreement.
II. CONFIDENTIALITY REQUIREMENTS
a) Business Associate agrees:
i) to access, use, or disclose any Protected Health Information solely: 1) for
meeting its obligations as set forth in any agreements between the Parties evidencing their
business relationship or 2) as required by applicable law, rule or regulation, or by accrediting or
credentialing organization to whom Covered Entity is required to disclose such information or as
otherwise permitted under this Agreement, the Service Agreement if consistent with this
Agreement the HIPAA Privacy Rule, and California law), the HIPAA Privacy Rule, or California
law and 3) as would be permitted by the HIPAA Privacy Rule and California law if such use or
disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Service Agreement or any similar
documentation of the business relationship of the Parties), or upon request of Covered Entity,
whichever occurs first, if feasible, Business Associate will return or destroy all Protected Health
Information received from or created or received by Business Associate on behalf of Covered
Entity that Business Associate still maintains in any form and retain no copies of such
information, or if such return or destruction is not feasible, Business Associate will extend the
protections of this Agreement to the information and limit further access, uses, and disclosures to
those purposes that make the return or destruction of the information not feasible; and
iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on behalf of
Covered Entity, agrees to the same restrictions and conditions that apply to Business Associate
with respect to such information. In addition, Business Associate agrees to take reasonable steps
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:
Community Human Services_AOD Agreement
FY 2009-12
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EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�(K�i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that as to any
such disclosure, the following requirements are met:
A) the disclosure is required by law; or
B) Business Associate obtains reasonable assurances from the person to
whom the information is disclosed that it will be held confidentially and accessed, used,
or further disclosed only as required by law or for the purpose for which it was disclosed
to the person, and the person notifies Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached, within five
calendar days of discovering said breach of confidentiality;
ii) for data aggregation services, if to be provided by Business Associate for the
health care operations of Covered Entity pursuant to any agreements between the Parties
evidencing their business relationship. For purposes of this Agreement, data aggregation
services means the combining of Protected Health Information by Business Associate with the
protected health information received by Business Associate in its capacity as a business
associate of another covered entity, to permit data analyses that relate to the health care
operations of the respective covered entities.
c) Business Associate will implement appropriate safeguards to prevent access to, use of, or
disclosure of Protected Health Information other than as permitted in this Agreement. The
Secretary of Health and Human Services shall have the right to audit Business Associate's
records and practices related to use and disclosure of Protected Health Information to ensure
Covered Entity's compliance with the terms of the HIPAA Privacy Rule. Business Associate
shall report to Covered Entity any access, use, or disclosure of Protected Health Information
which is not in compliance with the terms of this Agreement, the HIPAA Privacy Rule, as
amended by ARRA, or under California law, of which it becomes aware within five calendar
days of discovering such improper access, use, or disclosure. In addition, Business Associate
agrees to mitigate, to the extent practicable, any harmful effect that is known to Business
Associate of a use, disclosure, or access of Protected Health Information by Business Associate
in violation of the requirements of this Agreement.
HI. 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
Community Human Services_AOD Agreement
FY 2009-12
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�)K�the specific circumstances, but in any event, before the threatened breach is to occur, then Covered Entity
shall have the right to terminate this Agreement and the Service Agreement immediately, and seek
injunctive and/or declaratory relief in a court of law having jurisdiction over Business Associate.
V. MISCELLANEOUS
Except as expressly stated herein, in the HIPAA Privacy Rule, or under California law, the parties to this
Agreement do not intend to create any rights in any third parties. The obligations of Business Associate
under this Section shall survive the expiration, termination, or cancellation of this Agreement, the
Service Agreement and/or the business relationship of the parties, and shall continue to bind Business
Associate, its agents, employees, contractors, successors, and assigns as set forth herein.
This Agreement may be amended or modified only in a writing signed by the Parties. No Party
may assign its respective rights and obligations under this Agreement without the prior written
consent of the other Party. None of the provisions of this Agreement are intended to create, nor
will they be deemed to create any relationship between the Parties other than that of independent
parties contracting with each other solely for the purposes of effecting the provisions of this
Agreement and any other agreements between the Parties evidencing their business relationship.
This Agreement will be governed by the laws of the State of California. No change, waiver or
discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a
waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any
obligation, on any other occasion.
The parties agree that, in the event that any documentation of the parties, pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of
this Agreement are intended to establish the minimum requirements regarding Business
Associate's use and disclosure of Protected Health Information.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full
force and effect. In addition, in the event a party believes in good faith that any provision of this
Agreement fails to comply with the then-current requirements of the HIPAA Privacy Rule or
California law, such party shall notify the other party in writing. For a period of up to thirty days,
the parties shall attempt in good faith to address such concern and amend the terms of this
Agreement, if necessary to bring it into compliance. If, at the conclusion of such thirty-day
period, a party believes in good faith that the Agreement still fails to comply with the HIPAA
Privacy Rule or California law, then either party has the right to terminate this Agreement and the
Service Agreement upon written notice to the other party. Neither party may terminate this
Agreement without simultaneously terminating the Service Agreement, unless the parties
mutually agree in writing to modify this Agreement or immediately replace it with a new
Business Associate Agreement that fully complies with the HIPAA Privacy Rule and California
law.
Community Human Services_AOD Agreement
FY 2009-12
Page 40
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
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THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
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OF-U012
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WORK-U012
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RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�*K�IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written
above.
COVERED ENTITY: BUSINESSASSOCI4TE:
COUNTY OF MONREY 2 Community Human Services
B
Title: Director of Health
Title: Executive Director
Dater I D
Community Human Services_AOD Agreement
FY 2009-12
Page 41
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
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TO-U012
FIVE-U012
PERCENT-U012
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OF-U012
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WORK-U012
OR-U012
RESULT-U012
IN-U012
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INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�+K�EXHIBIT H: COMPLIANCE WITH STATE ALCOHOL AND DRUG PROGRAM
REGULATIONS
The parties shall comply with all applicable State Alcohol and Drug Program laws and regulations
in performing the work and providing the services specified in this Agreement including the
following:
1. Contractor shall fully participate in the California Outcome Measurement CaJOMS) for
treatment services; the Drug and Alcohol Treatment Access Report DATAR), and any other data
collection systems required by the County or the State Department of Alcohol and Drug Programs.
2. Contractor shall adhere to the Computer Software Copyright laws: CONTRACTOR
certifies that it has appropriate systems and controls in place to ensure that state or federal funds
available under this Contract will not be used for the acquisition, operation, or maintenance of
computer software in violation of copyright laws. Reference: Executive Order D-10-99 and
Department of General Services Management Memo 00-02).
3. Child Support Compliance Act
CONTRACTOR acknowledges that it:
A. Recognizes the importance of child and family support obligations and shall comply fully
with all applicable state and federal laws, relating to child and family support enforcement,
including but not limited to, disclosure of information and compliance with earning assignment
orders, as provided in Chapter 8 commencing with Section 5200) of Part 5 of Division 9 of the
California Family Code; and,
B. To the best of its knowledge, if fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained
by the California Employment Development Department.
4. Domestic Partners Act
Pursuant to the Public Contract Code 10295.3, no state agency may enter into any contract
executed or amended after January 1, 2007, for the acquisition of goods or services in the amount of
$100,000 or more with a contractor, who, in the provision of benefits, discriminates between
employees with spouses and employees with domestic partners, or discriminates between domestic
partners and spouses of those employees.
5. IV Drug Use Treatment
CONTRACTOR shall ensure that all individuals in need of 1VDU treatment shall be
encouraged to undergo AOD Treatment 42 USC 300x-23(b) of PHS Act).
6. Tuberculosis TB) Treatment
CONTRACTOR shall ensure that following related to Tuberculosis TB)
A. Routinely makes available TB services to each individual receiving treatment for alcohol
and other drug use and/or abuse;
B. Reduce barriers to patients' accepting TB treatment; and,
C. Develop strategies to improve follow-up monitoring, particularly after patients leave
treatment, by disseminating information through educational bulletins and technical assistance.
Community Human Services_AOD Agreement
FY 2009-12
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W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
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SERVICES-U012
PROVISION-U012
OF-U012
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DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�,K�7. Limited English Proficiency
To ensure equal access to quality care by diverse populations, the provider shall:
A. Promote and support the attitudes, behaviors, knowledge, and skills necessary for staff to
work respectfully and effectively with clients and each other in a culturally diverse work
environment.
B. Have a comprehensive management strategy to address culturally and linguistically
appropriate services, including strategic goals, plans, policies, procedures, and designated staff
responsible for implementation.
C. Develop and implement a strategy to recruit, retain and promote qualified, diverse and
culturally competent administrative, clinical and support staff that are trained and qualifies to
address the needs of the racial and ethnic communities being served.
D. Require and arrange for ongoing education and training for administrative clinical, and
support staff in culturally and linguistic competent service delivery.
E. Provide all clients with limited English Proficiency access to bilingual staff or interpretation
services.
F. Provide oral and written notices, including translated signage at key points of contact, to
clients, in their primary language informing them of their right to receive no-cost interpreter
services.
G. Translate and make available signage and commonly-used written client educational
material and other materials for members of the predominant language group in the area.
H. Ensure that interpreters and bilingual staff can demonstrate bilingual proficiency and
receive training that includes the skills and ethics of interpreting, and knowledge in both languages
of the terms and concepts relative to clinical on non-clinical encounters. Family or friends are not
considered adequate substitutes because they actually lack these abilities.
1. Ensure that the clients' primary spoken language and self identifies race/ethnicity are
included in the providers' management information system as well as any clients records used by
provider staff.
8. Counselor Certification
Any individual providing intake, assessment of need for services, treatment or recovery
planning, individual or group counseling to participants, patients, or residents in an ADP licensed or
certified program is required to be certified as defined in CCR, Title 9, Division 4, Chapter 8.
9. Force Majeure
Neither party shall be responsible for delays or failures in performance resulting from acts
beyond the control of the offending party. Such acts shall include but not be limited to acts of God,
fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, fright, embargo,
public related utility, or governmental statutes or regulations super-imposed after the fact. If a delay
or failure in performance by the CONTRACTOR arises out of default of its Subcontractor, and if
such default of such Subcontractor arises out of causes beyond the control of both the
CONTRACTOR and Subcontractor, and without fault or negligence of either of them, the
CONTRACTOR shall not be liable for damages of such delay or failure, unless the supplies or
services to be furnished by the Subcontractor were obtainable from other sources in sufficient time
to permit the CONTRACTOR to meet the required performance schedule.
Community Human Services_AOD Agreement
FY 2009-12
Page 43
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
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SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
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FUTURE-U012
AMENDMENTS-U012
UP-U012
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WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�-K�agents, and subcontractors providing services hereunder of the State's Alcohol and Drug Program
Regulations.
By my signature below, as the authorized representative of the CONTRACTOR named below, I
certify acceptance and understanding for myself and the CONTRACTOR of the above
provisions.
Community Human Services
Signature ofAuthorized Representative
Date
Business Name of Contractor
Robin McCrae
Name ofAuthorized Representative printed)
Executive Director
Title ofAuthorized Representative
Community Human Services_AOD Agreement
FY 2009-12
Page 44
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
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3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�.K�Exhibit I: Monterey County Behavioral Health Division Prop 36 Mental Health Plan Initial
Client Name: Medi-Cal Home Telephone:
Yes No
Address: Work Telephone:
City, State, Zip:
DOB: Social Security#: Probation/Parole Officer circle) Defense Attorney
Telephone # Telephone #
List children with gender & ages: CPS/Children's Support Status
Preferred Language: Appointment Date/Time: Staff Completing Assessment
FINANCIAL EMPLOYMENT
Gross Monthly Income $ Primary Source Circle One)
If Employed Insurance
SSI SSI/SSD CaIWORKS SDI Other Yes No
Number of Persons Dependent on Income:
DIAGNOSIS
Axis I: Code: Axis I: Code:
Axis I: Code: Axis II: Code:
Axis III:
Codels: Axis IV: Axis V: Current Year
Average in Past Year
Presenting Problem/Treatment Focus:
Measurable Goal: 1) No use of illegal drugs or alcohol. 2) Complete ALL program intake appointments. Do NOT miss any
appointments. 3) Attend and Complete substance use treatment program. 4) Comply with all program requirements. 5) Attend
NA/AA as directed by probationiparole or treatment program. 6) Obtain a sponsor and complete 12-Step work. 7) Comply with all
terms of probation/parole. 8) Follow any medical recommendations.
9) Contact your probation/parole officer and Behavioral Health psychiatric social worker IMMEDIATELY if you stop attending the
treatment program.
Note: Your signature on this document indicates your awareness that this form will be provided to Monterey County Behavioral Health and
Contracted Service Providers
Nota: El hecho de firmar este documento indica que Ud. ha dado su permiso para compartir este documento con el Departamento de Salud
Mental y Conducta del Condado de Monterey y tambien Proveedores de Servicio Contratados
Client Signature: Date:
Client Name
Client Record Number
CONFIDENTIAL CLIENT INFORMATION. SEE CALIFORNIA WELFARE & INSTITUTIONS CODE SECTION 5328
Page 1 of 2 04/2009
Authorization
150 Cayuga Street, Suite 7, Salinas 93901 Voice 831) 796-3025 Fax 831) 796-3036
Community Human Services_AOD Agreement
FY 2009-12
Page 45
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�/K�Monterey County Behavioral Health Division Mental Health Plan Initial Authorization
Authorization for Recovery Programs Effective Date / / to / /
Authorizing Staff Printed Name Signature
Date Faxed to Provider:
Community Human Services Door to Hope 0 Outpatient 130 W. Gabilan Street 758-
0 Narcotic Tx, 1083 S. Main St., Salinas, CA 0181
Phone 424.4828 fax 424-5838 0 Residential, 165 Clay St., Salinas
0 Genesis House 0 Genesis Perinatal Phone 758-0181 fax 758-5127
0 Nueva Esperanza, 325 California St., Salinas
1152 Sonoma, Seaside, CA Phone 899-2436 fax 899-7405 Phone 758.0181 fax 758-5127
0 PEI Co-Occurring Disorder Outpatient Program 0 PEI Co-Occurring Disorder Outpatient Program
Sun Street Centers Valley Health Associates 0 OFR 0 CW
D Residential, 8 Sun St, Salinas, 753-5145 fax 753.6007 0 Narcotic Treatment 338 Monterey St., Salinas
0 Recovery Service Programs, 517 South Main St. Site 102 Phone 424-6655 fax 424.9717
Phone 753- 6001 Fax 753-5169 0 Other:
0 Pueblo Del Mar, 3044 Kwajalein Ct., Marina, CA Phone
Phone 582-9461 fax 582-9476
0 Methamphetamine Grant Address:
0 Outpatient Services
0 Residential Services
0 SLE Services
Authorization for Proposition 36 Effective Date l I to I l
Authorizing Staff Printed Name Signature
Date Faxed to Provider:
Sun Street Centers Door to Hope
0 Residential, 8 Sun St., Salinas, CA 753.5145 fax 753-6007 0 Residential 165 Clay Street, Salinas, CA 758-0181 fax 758-5127
0 Recovery Service Program Outpatient) 753-6001 fax 753-5169
0 Regular 0 Perinatal 0 Outpatient Prop 36, 130 Church St, Salinas
0 Pueblo Del Mar, CA 753-6009 fax 582-9476 758-0181 fax 758-5127
0 PEI Co-Occurring Disorder Outpatient Program
Community Human Services Valley Health Associates
0 Genesis House 899-2436 fax 899-7405 0 Outpatient 338 Monterey St, Salinas, CA 424-6655 fax 424-9717
0 Genesis Perinatal 899-2436 fax 899-7405 0 Narcotic Treatment 424-6655 fax 424-9717
0 Narcotic Treatment Off Main Clinic)
424-4828 fax 424-5838
0 PEI Co-Occurring Disorder Outpatient Program
Note: Your signature on this document indicates your awareness that this form will be provided to
Monterey County Behavioral Health and Contracted Service Providers
Nota: El hecho de firmar este documento indica que Ud. ha dado su permiso para compartir este documento
con el Departamento de Salud Mental y Conducta del Condado de Monterey y tambien Proveedores de Servicio
Contratados
Client Signature: Date
Client Name
Client Record Number
CONFIDENTIAL CLIENT INFORMATION SEE CALIFORNIA WELFARE & INSTITUTIONS CODE SECTION 5328
150 Cayuga Street, Suite 7, Salinas 93901 Voice 831 796-3025 Fax 831) 796-3036
Page 2 of 2
Community Human Services_AOD Agreement
FY 2009-12
Page 46
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�0K�ESC lleiT W O3 L E L ISI I
20 D
ITC
ja-
51
150 Cayuga St. gal as;~ l
I3 Y abilan St. a~as,~ 3 0
WEEKLY PROGRESS REPORT
Client's Name: Date of report:
Date of enrollment: Primary Counselor:
# of sessions completed: # of sessions missed Dates that client
missed treatment:
Did the client contact your office to inform you of his/her absence?
Yes No Comment:
Is client current with payments? Yes No Amount Owed: $
Comments on Payments Made:
Date of Drug Testing: Results: Neg. Pos.
Additional Tests, Dates and Results:
Changes in Tx Plan: Yes No If Yes" please make sure you provide behavioral
health staff with the updated treatment plan.
Client is attending 12-Step Meetings per week
Client has a sponsor: Yes No Working on Step:
Primary Counselor/ Staff Comments on Client Progress:
Date completed:
Signature of staff completing form:
Date terminated:
Please fax the progress reports back to the designated treatment Court program on or before each
Tuesday at 5:00 p.m. You will only fill out the portion of the progress report that pertains to your
treatment program and/or treatment plan with the client.
Community Human ServicesAOD Agreement
FY 2009-12
Page 47
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�1K�Exhibit K
Prop 36 Alcohol and Drug Program Re-Authorization / Extension Request Form
Requests will be considered when submitted 2-weeks prior to end of initial authorization period)
CLIENT NAME: ADMISSION DATE:
SSN: DOB: CLIENT #:
AGENCY:
CURRENT AUTHORIZATION: FROM: TO:
REQUEST TYPE
RESIDENTIAL
RESIDENTIAL-REASON FOR REQUEST:
MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD:
OUTPATIENT
OUTPATIENT-REASON FOR REQUEST:
TOTAL # SESSIONS COMPLETED: GROUP INDIVIDUAL
MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD:
NARCOTIC REPLACEMENT CURRENT DOSE:
MEASURABLE GOAL(S) TO ACCOMPLISH DURING EXTENSION PERIOD
COMPLETED BY:
DATE:
REQUEST STATUS To be completed by BH Prop 36 Drug and Alcohol Program Staff Onlyl
APPROVED NEW AUTHORIZATION PERIOD FROM TO
DENIED
COMMENTS:
BH REVIEWER / TITLE DATE
Community Human Services_AOD Agreement
FY 2009-12
Page 48
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40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
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OF-U07
HEALTH-U07
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SIGN-U07
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3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
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PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
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5%)-U012
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ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
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FULLY EXECUTED AGREEMENT A-11+�2K�Exhibit L
ADP BULLETIN NO. 09-05
REQUIREMENTS TO ENSURE ACCESS TO SERVICES FOR PERSONS WITH
DISABILITIES
The parties shall comply with all applicable State Alcohol and Drug Program laws and regulations
in performing the work and providing the services specified in this Agreement including the
following:
Americans with Disability Act ADA);
Section 504 of the Rehabilitation Act of 1973;
45 Code of Federal Regulations CFR), Part 84, Non-discrimination on the Basis
of Handicap in Programs or Activities Receiving Federal Financial Assistance;
Title 24, California Code of Regulations CCR), Part 2, Activities Receiving Federal Financial
Assistance and;
Unruh Civil Rights Act California Civil Code CCC) Sections 51 through 51.3 and all
applicable laws related to services and access to services for persons with disabilities
PWD).
Any enterprise licensed or certified by the Department of Alcohol and Drug Programs ADP) or any
entity counties or providers) receiving state or federal funding that has been allocated by ADP must
comply with these requirements and ensure access to services by the disabled. These statutory and
regulatory requirements assist in ensuring Persons with Disabilities are provided access to alcohol
and other drug AOD) prevention, treatment, and recovery services.
Dissemination of these Provisions. CONTRACTOR shall inform all its officers, employees,
agents, and subcontractors providing services hereunder of the State's requirements as stipulated in
ADP Bulletin No. 09-05 See attached bulletin and exhibits).
By my signature below, as the authorized representative of the CONTRACTOR named below, I
certify acceptance and understanding for myself and the CONTRACTOR of the above
provisions.
Community Human Services
Business Name of Contractor
Robin McCrae
Signature of Authorized Representative Name of Authorized Representative printed)
/--)- 6,; 16 1
Executive Director
Date Title of Authorized Representative
Community Human Services_AOD Agreement
FY 2009-12
Page 49
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FULLY EXECUTED AGREEMENT A-11+�3K�STATE OF CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS
1700 K STREET
SACRAMENTO, CA 95814-4037
TDD 916) 445-1942
916) 322-7012
ADP BULLETIN
ARNOLD SCHWARZENEGGER, Governor
Title Issue Date: Issue No.
Requirements to Ensure Access to Services for Persons May 27, 2009 09 05
with Disabilities Expiration
Date:
N/A
Deputy Director Approval Function: Supersedes Bulletin/ADP
Information Management Letter No.
Quality Assurance N/A
dave neilsen, Deputy Director x Service Delivery
Program Services Division Fiscal
Administration
PURPOSE
The purpose of this bulletin is to inform all service providers prevention, treatment, and
recovery) and contractors of their legal responsibility to comply with:
Americans with Disability Act ADA);
Section 504 of the Rehabilitation Act of 1973;
45 Code of Federal Regulations CFR), Part 84, Non-discrimination on the
Basis of Handicap in Programs or Activities Receiving Federal Financial
Assistance;
Title 24, California Code of Regulations CCR), Part 2, Activities Receiving
Federal Financial Assistance and;
Unruh Civil Rights Act California Civil Code CCC) Sections 51 through 51.3 and
all applicable laws related to services and access to services for persons with
disabilities PWD).
Any enterprise licensed or certified by the Department of Alcohol and Drug Programs
ADP) or any entity counties or providers) receiving state or federal funding that has
been allocated by ADP must comply with these requirements and ensure access to
services by the disabled. These statutory and regulatory requirements assist in ensuring
PWD are provided access to alcohol and other drug AOD) prevention, treatment, and
recovery services.
DISCUSSION
The ADA, Section 504 of the Rehabilitation Act of 1973, and the Unruh Civil Rights Act,
challenged the state and the nation to fully integrate PWD into jobs and services. The
legislation and implementing regulations require that all providers make reasonable
Fkex Do YOUR PART To HELP CALIFORNIA SAVE ENERGY
In W For energy saving tips, visit the Flex Your Power website at
lum http://www.flexyourpower.ca.gov
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FULLY EXECUTED AGREEMENT A-11+�4K�ADP Bulletin 09 05
May 27, 2009
Page 2
accommodations and provide accessible services for PWD. ADP requires compliance
with these laws and regulations for programs, agencies, and contractors that provide
prevention, treatment, and recovery services for AOD use and abuse.
ADP will continue to require that all licensed or certified providers of services or
programs receiving federal or State funding that has been allocated by ADP adhere to
the requirements of the ADA, Section 504, and the Unruh Civil Rights Act, ensuring that
all AOD prevention, treatment and recovery programs be accessible to PWD refer to
Exhibit 1) to the fullest extent possible.
Each county is responsible for ensuring that its services and its contract service
providers' programs are accessible and do not discriminate against or deny equal
opportunity to participate in and benefit by the provider's services.
Counties must conduct assessments and keep records of these results, which shall be
provided to ADP upon request. The assessments must:
Determine the extent of the need for AOD services within the county.
Determine the percentage of the county residential AOD service providers
that accept PWD and the county's implementation plan for ensuring that a
sufficient number of out-patient and residential AOD services accessible by
PWDs are strategically placed within the county.
Define, develop, and implement: 1) the referral mechanism for those AOD
service facilities that do not accept PWD; 2) the plan to provide services to
PWD that are substantially equivalent to services provided to non-disabled
individuals, including equivalency of travel time and distance.
Designate a County Access Coordinator CAC).
Each county is required to designate a County Access Coordinator CAC) for serving
PWD. The role of the CAC is that of liaison between the provider community, County
AOD Administrator's office, and ADP. The CAC is responsible for ensuring the integrity
of the county's compliance with all issues related to AOD services.
Every treatment program licensed or certified by ADP is required to acknowledge in it's
initial application that the treatment program will not discriminate in employment
practices and in provision of benefits and services on the basis of race, color, national
origin, religion, sex, or mental or physical disabilities pursuant to Title VI of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, California
Government Code Section 11135, et seq., and other applicable state and federal laws."
Title 9, CCR Section 9804(b)(11)].
BIB]
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FULLY EXECUTED AGREEMENT A-11+�5K�ADP Bulletin 09 05
May 27, 2009
Page 3
Further, the Unruh Civil Rights Act provides protection from discrimination by all
business establishments in California. CCC Section 51(b) describes this protection:
All persons within the jurisdiction of this state are free and equal, no
matter what their sex, race, color, religion, ancestry, national origin,
disability, or medical condition, are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in all
business establishments of every kind whatsoever.
ADP has recently received several complaints from individuals who were denied AOD
services because a facility was either physically or programmatically inaccessible i.e.,
refusing to provide a sign language interpreter). Investigation revealed that the
complaints were accurate, and services were unlawfully denied to PWD. Although
recent complaints only involved licensed or certified treatment facilities, requirements
for access also apply equally to providers of prevention and recovery services.
Services must be made available to all individuals with mobility, communication, or
cognitive impairments as required by state and federal laws and regulations.
Prevention, treatment, and recovery providers must take action to identify all physical
and programmatic barriers to services and develop plans for removing or mitigating the
identified barriers. Failure by service providers to initiate actions to correct identified
deficiencies may result in civil penalties, and possible suspension, or revocation, of
licensure, certification or contract cancellation.
Providers applying for initial licensure or certification must plan to be fully accessible at
the time of application. Applicants for renewal of a licensure or certification must have
conducted an assessment to identify barriers to service and developed an Access to
Services Plan for removing or mitigating any identified barriers. Applicants failing to
address these requirements can anticipate denial of their initial application or the
withholding of renewals for existing licensed or certified programs until these
requirements are adequately addressed.
To assist counties, providers, and contractors in the early identification of service
access barriers, ADP has attached a sample document Guidance on Developing an
Access to Services Plan" Exhibit 3) and a Checklist for Accessibility: Alcohol & Drug
Programs" Exhibit 4).
REFERENCES
The Americans with Disabilities Act of 1990
Section 504 of the Rehabilitation Act of 1973
45 CFR, Part 84, Non-discrimination on the Basis of Handicap in
Programs or Activities Receiving Federal Financial Assistance
Title 24, CCR, Part 2, Activities Receiving Federal Financial
Assistance
The Unruh Civil Rights Act CCC Section 51 through 51.3)
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FULLY EXECUTED AGREEMENT A-11+�6K�ADP Bulletin 09 05
May 27, 2009
Page 4
BACKGROUND
ADP entered into a Voluntary Compliance Agreement VCA) in 1994 with the Office of
Civil Rights, Department of Health and Human Services, to enforce Section 504 of the
Rehabilitation Act and the ADA in order to eliminate discrimination based on disability in
AOD facilities. ADP has maintained technical assistance contracts to assist contractors
and service providers to comply with the issues outlined in the VCA since 1997. ADP
supports the right of all Californians' access to AOD services.
QUESTIONS/MAINTENANCE
Fred Williams, III
Program Fiscal and Policy Branch
Program Services Division
916) 445-0643
fwilliams(cD-adp.ca.gov.
OR
Contact your County AOD Administrator and ask for the designated County Access
Coordinator, who will assist you in any issue relating to the development of an Access
to Service Plans," as well as any issue specific to access, referral, or admission to AOD
services.
EXHIBITS
Exhibit 1: Americans with Disabilities Act Summary)
Exhibit 2: The Unruh Civil Rights Act Summary)
Exhibit 3: Guidance on Developing an Access to Services Plan
Exhibit 4: Checklist for Accessibility: Alcohol & Drug Programs
DISTRIBUTION
County Alcohol and Drug Program Administrators
Strategic Local Government Services, LLC
Director's Advisory Council
ADP Licensing and Certification Branch Treatment and Outpatient Services)
ADP Licensees and Certification Holders
ADP Narcotic Treatment Program
ADP Fiscal Management Accountability Branch
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FULLY EXECUTED AGREEMENT A-11+�7K�Exhibit 1
Americans with Disabilities Act
Congress enacted the Americans with Disabilities Act ADA) in 1990 to remedy
widespread discrimination against persons with disabilities PWD). After thoroughly
investigating the problem, Congress concluded that there was a need for a national
mandate to eliminate discrimination against PWD, and to integrate them into the
nation's economic and social mainstream. Congress enacted that mandate in the ADA.
The ADA forbids discrimination against individuals with disabilities in major areas of
public life, including employment Title I of the Act), public services Title II), and public
accommodations Title III).
Title III of the ADA states a general rule" of nondiscrimination in public
accommodations: No individual shall be discriminated against on the basis of disability
in the full and equal enjoyment of the goods, services, facilities, privileges, advantages,
or accommodations of any place of public accommodation by any person who owns,
leases or leases to), or operates a place of public accommodation." 42 U.S.C.
12182(a).) Among its specific prohibitions, Title III of the ADA prohibits discrimination
on the basis of disability both with respect to the accessibility of their physical
facilities and with respect to their policies and practices." Moeller v. Taco Bell
Corporation N.D.Cal.2004) 220 F.R.D. 604, 606.)
Congress adopted two distinct standards for regulating building accessibility: one
to apply to facilities existing before January 26, 1993, and the other to apply to
facilities newly constructed or altered on or after January 26, 1993 42 U.S.C.
12182(b)(2)(A)(iv), 12183(a).) A congressional committee remarked that the
distinction between existing and new facilities reflects the balance between the need to
provide access for persons with disabilities and the desire to impose limited cost on
businesses. Because retrofitting existing structures to make them fully accessible is
costly, a far lower standard of accessibility has been adopted for existing structures."
H.R. Rep. No. 101-485(111), 2d Sess., p. 60 1990).)
Under the ADA, existing facilities" must remove architectural barriers where such
removal is readily achievable," meaning easily accomplishable and able to be carried
out without much difficulty or expense." 42 U.S.C. 12181(9), 12182(b)(2)(A)(iv).) If
removal of architectural barriers from an existing facility is not readily achievable, the
facility must make its goods and services available to PWD through alternative
methods if such methods are readily achievable." 42 U.S.C. 12182(b)(2)(A)(v).) In
contrast, new and altered facilities must be readily accessible and usable," and must
comply with extensive and detailed regulations, amounting to a federal building code,
known as the ADA Accessibility Guidelines 42 U.S.C. 12183(a); 28 C.F.R. 36,
App. A 2007).)
As previously noted, the ADA prohibits discrimination on the basis of disability in places
of public accommodation with respect to the accessibility of their physical facilities and
with respect to their policies and practices Moeller v. Taco Bell Corporation, supra, 220
F.R.D. at p. 606.) In the ADA's specific prohibitions section, discrimination is defined to
include a failure to make reasonable modifications in policies, practices, or procedures,
when such modifications are necessary to afford such goods, services, facilities,
1
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FULLY EXECUTED AGREEMENT A-11+�8K�privileges, advantages, or accommodations to individuals with disabilities, unless the
entity can demonstrate that making such modifications would fundamentally alter the
nature of such goods, services, facilities, privileges, advantages, or accommodations."
42 U.S.C. 12182(b)(2)(A)(ii).)
The ADA also permits reliance on state laws that provide greater protection 42 U.S.C.
12201(b).) In describing the ADA's relationship with other laws, the ADA states:
Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and
procedures of any federal law or law of any state or political subdivision of any state or
jurisdiction that provides greater or equal protection for the rights of individuals with
disabilities than are afforded by this chapter.."
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FULLY EXECUTED AGREEMENT A-11+�9K�Exhibit 2
The Unruh Civil Rights Act Unruh Act) and the Disabled Persons Act
The Unruh Act and the Disabled Persons Act DPA) entitle individuals with disabilities to
full and equal access to public accommodations.(Civil Code 51 b), and 54.1 a) 1).)
The Unruh Act provides broad civil rights protection: All persons within the jurisdiction
of this state are free and equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital status, or sexual
orientation are entitled to the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of every kind whatsoever." Civil
Code 51 b).) The DPA protects the civil rights of individuals with disabilities, and
states: Individuals with disabilities shall be entitled to full and equal access, as other
members of the general public, to... places of public accommodation, amusement or
resort, and other places to which the general public is invited." Civil Code 54.1 a)(1).)
As the federal government does with the ADA, California mandates specific
requirements for building accessibility by statute Government Code, 4450 et seq.;
Health and Safety Code, 19956 and 19959): All buildings constructed or altered
after July 1, 1970, must comply with standards governing the physical accessibility of
public accommodations." These standards are set forth in Title 24 of the California
Regulations. A violation of a Title 24 building standard that denies access to PWD has
been found to constitute a violation of both the Unruh Act and the DPA Moeller v. Taco
Bell Corporation, supra, at p. 607). A violation of the ADA also constitutes a violation of
both the Unruh Act and the DPA Civil Code 51 f) and 54 c).). After the ADA was
passed in 1990, the California DPA and the Unruh Civil Rights Act were amended to
provide that a violation of the ADA constitutes a violation of their provisions. Thus, a
person whose rights are violated under the ADA may seek damages under the
California statutes, and is not limited to injunctive relief as plaintiffs are under federal
law Pickern v. Best Western Timber Cove Lodge Marina Resort 2002)
194 F. Supp.2d 1128, 1131.)
The expansion of California law to include ADA violations had other effects. For
example, Title 24 does not require facilities that predate its enactment to comply with
its regulations unless and until the facility is altered Pickern, at p. 1131, fn. 4.). In
contrast, t]he ADA requires existing facilities to remove barriers to access so long as
removal is readily achievable, regardless of whether the facility has been altered." lbid).
By amending the Civil Code to provide that a violation of the ADA is also a violation of
the Unruh Act and the DPA, the Legislature authorized the filing of civil actions under
state law to enforce the federal requirement that architectural barriers be removed
where it is readily achievable to do so, and that alternative means of access be
provided.
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FULLY EXECUTED AGREEMENT A-11+�:K�Exhibit 3
Guidance on Developing an Access to Services Plan
This exhibit is intended to assist you in assessing your facility to ensure that it is
accessible and usable by persons with disabilities PWD). An access policy and
implementation plan needs to be incorporated into your organization's short and long-
range planning. Compliance with Section 504 and the stipulations of the Americans
with Disabilities Act ADA) can be achieved in a variety of ways. For example,
according to the Rehabilitation Act, Section 504, not every program or every floor needs
to be accessible, but enough accessible programs or facilities must be provided so that
PWD have an equal opportunity to benefit from the organization's program offerings,
when viewed in their entirety."
Access improvements should strive to go above and beyond the law. While every
organization must develop plans to meet minimum access requirements, organizations
may be creative in developing new strategies to include the 20 percent of Americans
who have disabilities. Of course, maintaining and improving accessibility should be
considered on a regular long-term basis. Experience has shown that when access to
services, programs, activities and employment are given a high priority, it is reflected in
an organization's mission statement, policies and guidelines.
Your Access to Services Plan may serve as partial documentation of your good faith"
efforts to comply with the ADA. You may want to consider forming an Access Advisory
Committee to assist in developing your Access to Services Plan. The plan should
reflect your organization's compliance with the law and the incorporation of these laws
and regulations into all aspects of your organizational structure.
What a Self-Evaluation and Transition Plan Should Do
1. Utilizing the accompanying checklist Exhibit 4), identify all policy,
employment, physical and programmatic barriers that limit access to the
organization's facilities, service and programs. You may wish to consider
involving individuals with disabilities to assist in this process.
2. Prioritize access improvements in policy, employment issues, facility,
programs and services, with measurable goals and objectives. Identify
readily achievable improvements first and then begin the process of planning
for those requiring more long-range plans that involve extensive design and
construction work. The ADA requires that places of public accommodation
for-profit and non-profit alcohol and drug programs) remove architectural
barriers if such plans are readily achievable" and can be accomplished
without much difficulty or expense.
3. Develop a timetable with completion dates for steps necessary to achieve full
accessibility.
4. Identify the person(s) responsible for the implementation of the plan.
5. Establish a time frame and review method for ongoing monitoring and
assessment; for example, schedule subsequent accessibility reviews of your
organization.
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A-U012
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FULLY EXECUTED AGREEMENT A-11+�;K�Exhibit 3
6. A copy of the plan should be available for public inspection. According to the
Rehabilitation Act, Section 504, agencies and organizations receiving federal
funds must have a copy of the plan available for public inspection.
Establishing Priorities for Your Access to Services Plan
When developing an Access to Services Plan, the organization should develop its
priorities and create a timetable for barrier removal on the basis of whether the
improvement or removal of the barrier is: 1) readily achievable; 2) a recommended
priority area by the Department of Justice discussed in detail on the following page);
and 3) incorporates principles of universal design to accommodate a diverse group of
users of facilities.
Readily Achievable Improvements and Accommodations
Your plans may include readily achievable improvements that address architectural
barriers as well as the policies and practices of your cultural organizations. Examples
of readily achievable improvements that can be made immediately, at no cost or
inexpensively, include:
Adding definitive access language to your policies and guidelines;
Providing all agency publications on cued audio tapes or large print upon
request;
Publicizing the accessibility of your organization's activities and services;
Conducting access training for staff and board;
Establishing an office policy requiring accessible facilities for all agency
activities;
Installing a TTY, training staff to use it, and including the number where your
organization's other phone numbers are listed;
Compiling resource lists of availability and costs of accessible
accommodations in your locality;
Recruiting people with disabilities for grant review panels;
Lowering display cases and counter tops;
Installing large print labeling/signage;
Removing fixed seating for wheelchair spaces; and
Conducting periodic surveys of client/public accessibility needs.
A fact sheet from Adaptive Environments entitled Alternatives to Barrier Removal
describes options for places of public accommodation when modifications are not
readily achievable:
http://www.adainf6net.org/adainfonet/documents/architecturalndocuments
/Aft%20to%20barrier%20removal. pd
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$1,634,666-U012
A-U012
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$4,903,998-U012
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COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�<K�Exhibit 3
Recommended Priority Areas by the Department of Justice
The Department of Justice Title III Technical Assistance Manual recommends priority
areas for the removal of barriers in existing facilities. Because the resources available
for barrier removal may not be adequate to remove all existing barriers at any given
time, the regulation suggests a way to determine which barriers should be dealt with
first. The purpose of these priorities is to facilitate long term business planning and
maximize the degree of effective access that will result from any given level of
expenditure. These priorities are not mandatory. Businesses with public
accommodations are free to exercise discretion in determining the effective mix" of
barrier removal measures to undertake in their facilities.
http://www.usdoi.gov/crt/ada/taman3.htmi
Priority 1: Get people in the door
Enable individuals with disabilities to physically enter your facility. Getting through the
door" recognizes that providing physical access to a public facility from public sidewalks,
public transportation or public parking is generally preferable to any alternative
arrangements in terms of both business efficiency and the dignity of individuals with
disabilities. Solutions include installing 12:1 grade ramps, widening entrances, and
providing accessible parking spaces.
Priority 2: Provide access to goods and services
Provide access to those areas of a place of public accommodation where goods and
services are made available to the public. For example, individuals with disabilities
should have access to assistance at the front desk, as well as to any other areas that
are available to other individuals, such as group counseling rooms or recreational areas.
Priority 3: Provide access to restrooms
If restrooms are provided for use, they should also be accessible to those with
disabilities.
Priority 4: Remove any remaining barriers
The remaining barrier removal efforts address amenities or services provided by the
organization or facility.
Universal Design Considerations
Whereas barrier-free design focuses on meeting the federal accessibility standards,
the intent of universal design is to simplify life for everyone by making products and
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$1,634,666-U012
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TOTAL-U012
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$4,903,998-U012
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FULLY EXECUTED AGREEMENT A-11+�=K�Exhibit 3
environments usable by as many people as possible at little or no extra cost. Universal
design for more inclusive and universally accessible environments includes:
1. Site design that is easily accessible from public transit, parking, and public
pathways;
2. Entrances and how they are used; and
3. Signage systems that guide individuals through a facility.
Organizing Your Access to Services Plan
Organize the results of the checklist, including the nondiscrimination questions, into a
chart. The first sample chart attached Sample 1) has five columns. The first column
lists the identified barriers; the second column describes the method for eliminating the
barriers; the third denotes the person or department responsible for barrier removal; and
the fourth is the estimated project cost. The fifth column specifies the projected start
and completion days. The other sample chart Sample 2) illustrates a different method
for organizing and preparing your plan.
Professional Assistance in the Development and Implementation of Access to
Services Plan
If for any reason during the development of your Access to Services Plan" you
encounter difficulty or want reassurance that your program is proceeding in the
appropriate manner, there are additional options to assist you, at no charge:
1. Contact your County AOD Administrator and request assistance from the
designated County Access Coordinator;
OR
2. Bob Olson, Disability Access Project Director
2400 Marconi Avenue, Suite C
P. O. Box 214127 mail)
Sacramento, CA 95821
Phone: 916-338-9460
TTY: 916-473-0836
FAX: 916-338-9468
Website: www.caarr.org
E-mail: bob cxcaarr.org
OR
3. You may also utilize the services of a paid ADA/504 consultant.
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FULLY EXECUTED AGREEMENT A-11+�>K�Exhibit 3
SAMPLE I
Access to Services Plan: SAMPLE Treatment Center
Element/Barrier Methods Responsible Estimate Timeline
Person/Dept Start/
Completion
Doors Replace knobs with lever Facilities $12,400 3/03 5/04
Hardware throughout.
Women's Restroom-No Combine 2 stalls to create a fully Facilities $2,000 3/03 3/04
accessible stall accessible one
Printed Material does not include I Collect samples from other Visitors Services and General Operating Budget 2/03 7/04
information about access organizations Accessibility Coordinator
Acquire Disability Access
Symbols
Consult with Access Committee
regarding content and presentation
Work with Graphic Designer to.
Produce Prototypes
Room Signs-No Tactile and Add compliance room signs at Facilities $329 2/10- 3/10
Braille permanent and common use
spaces $5 cost for interim solution
of plastic self-adhesive
labels
5
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�?K�Exhibit 3
SAMPLE 2
SAMPLE Treatment Program ADA/504/Access to Services Plan
Barrier
Solution
Priority
Cost Funding
fSource
Due Date Responsible
Person Completion
Date
Physical
Access:
Second floor Install paper
A Now)
$40 Unrestricted
Funds
August 30, 2006
Program Manager August 1,
2006
water fountain cup dispenser
spout too high
YPhysical
T-`T---
Access:
No railing on Install railing on
B Next year)
$200 Unrestricted
Funds February 1,
2007
Program Manager
stairs to second both sides
floor & back steps
Physical
Access:
Narrow doorway
Widen
doorway to i
B Next year)
500
Unrestricted
Funds
une 30, 2007
rogram Manager
to counseling 32"
office
Program Modify policy Executive
Director w/ BOD
Access: to allow for A Now) None N/A July 30, 2006 Executive July 24, 2006
No pet policy service
animals
Committee
Communication Obtain TTY and
train staff.
Interim solution
training staff to
This year)
400
office equipment
ctober 1, 2006
ffice Manager
CRS training
completed
Access: No TTY use the fund July 16, 2006
California Relay
System
Employment Remove
Access: questions about A Now) None N/A July, 2006 Human Resources July 30, 2006
Employment health and
application disability.
T
Physical- Remodel
Access: shower to
Men's shower compliance with
C 2008-2009) $15,000 Capitol
Expenditures
July 1, 2009 Building
Maintenance
inaccessible I ADAAG I
6
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�@K�Exhibit 4
CCauFOt'iia nssC IZI IN tlf"C�
Ask on
Checklist for Accessibility:
Alcohol & Drug Programs
Department of Alcohol and Drug Programs
1 700 K Street
Sacramento, CA 9581 1
California Association of Addiction Recovery Resources
Disability Access Project
2400 Marconi Ave., Suite C P.O. Box 214127
Sacramento, CA 95821
916.338.9460 Voice 916. 473. 0836 TTY
916.338.9468 Fax
bob@caarr.org www.caarr.org
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�AK�Exhibit 4
Checklist for Accessibility
The accompanying checklist will help you self identify the accessibility problems in your
program's facilities in order to meet your obligations under the:
Americans with Disability Act ADA);
Section 504 of the Rehabilitation Act of 1973;
45 CFR, Part 84, Non-discrimination on the Basis of Handicap in Programs or
Activities Receiving Federal Financial Assistance;
Title 24, California Code of Regulations CCR), Part 2;
Unruh Civil Rights Act California Civil Code section 51 through 51.3).
The goal of this checklist is to facilitate planning to make an existing facility more
useable for people with disabilities. The United States Department of Justice DOJ)
recommends the development of an Implementation Plan, specifying what
improvements you will make to remove barriers and a time table for completion. Such a
plan could serve as evidence of good faith to comply with the ADA.
This checklist details some of the requirements found in the ADA Standards for
Accessible Design Standards). The ADA Accessibility Guidelines ADAAG) are a part
of DOJ's Title III Regulations, 28 CFR Part 36 Nondiscrimination on the basis of
disability Final Rules).
The Standards should be followed for removal of all barriers. If complying with the
Standards is not readily achievable, you may undertake a modification that does not
comply, as long as it does not pose a health or safety risk.
This checklist does not cover all of the requirements of the Standards, nor does it
attempt to illustrate all possible barriers. Facilities initially applying for Certification and
Licensure by the Department of Alcohol and Drug Programs ADP), and all new
construction or alterations must comply with ADA requirements.
Priorities for fully planning readily achievable barrier removal for older buildings
recommended by the ADA are:
Priority 1: Accessible approaches and entrances.
Priority 2: Access to goods and services.
Priority 3: Access to restrooms.
Priority 4: Any other measure necessary.
The U.S. DOJ, Civil Rights Division, Disability Rights Section has a free ADA Technical
Assistance CD-ROM available. This CD-ROM includes the ADA Regulations,
Standards for Accessible Design, Technical Assistance Manuals and Technical
Assistance Documents in PDF files, HTML files, Text files and WordPerfect files.
2
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�BK�Exhibit 4
To order a copy of this CD-ROM contact the U.S. Department of Justice at
800.514.0301 voice), 800.514.0383 TTY) or on-line at www.usdoj.gov/crt/ada.
The California Access Compliance Reference Manual of Statutes, Title 24 is available
from the Builders Book Store at 800.273.7375 for $29.95.
3
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�CK�Exhibit 4
How to Use this Checklist
H Get Organized: Establish a timeframe for completing this survey. Determine
how many copies of the checklist you will need to survey the whole facility.
Decide who will conduct the survey. It is recommended that you invite two or
three additional people, including those with various disabilities and
accessibility expertise, to assist in identifying barriers, developing solutions for
removing these barriers, and setting priorities for implementing
improvements.
R1 Obtain Floor Plans: It is very helpful to have the building floor plans with
you while you survey. If plans are not available, use graph paper to sketch
the layout of all interior and exterior spaces. Make notes on the sketch or
plan while you are surveying.
Conduct the Survey: Bring copies of this checklist, a clipboard, a pencil or
pen, and a flexible steel tape measure. Think about each space from the
perspective of people with physical, hearing, visual, and cognitive disabilities
noting areas that need improvement; if possible, involve individuals with these
disabilities in the evaluation.
H Summarize Barriers and Solutions: List barriers found and ideas for their
removal. Consider the solutions listed beside each question and add your
own ideas. Consult with building contractors and equipment suppliers to
estimate the cost for making the proposed modifications.
H Review for Programmatic Accessibility Barriers: Develop and review
potential barriers to accessibility to program services. Consider whether
these services provide programmatic accessibility to all. Is group counseling
conducted in a manner that is accessible to all clients? Are there various
forms of print materials for the deaf; large print for the visually impaired?
Q Make Decisions and Set Priorities: Review the summary with decision
makers and advisors. Decide which solutions will best eliminate barriers at a
reasonable cost. Prioritize the items you decide upon and make a timeline for
carrying them out. Where the removal of barriers is not readily achievable,
you must consider whether there are alternative methods for providing access
that are readily achievable.
H Maintain Documentation: Keep your survey notes, summary, record of
work completed, and plans for alternative methods on file.
4
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�DK�Exhibit 4
H Make Changes: Implement changes as planned. Always refer directly to
ADAAG and California state and local codes for complete technical
requirements before making any access improvements.
Follow Up: Review your implementation plan each year to re-evaluate
whether more improvements have become readily achievable.
5
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�EK�Exhibit 4
Accessible Approach/Entrance
A) PARKING WALKWAYS: MINIMUM CONSIDERATIONS. YES NO NI'A
1) If off-street parking is available, is it as close to the accessible entrance as
possible? If yes: Number of total stalls Number of accessible stalls
Number of van accessible stalls
2) Are walkways with necessary ramps and curb cuts available from the parking
area to the accessible entrance? NOTE: The travel route should be at least
36" wide.
3) Are designated reserved parking spaces provided for persons with disabilities?
B) ENTRANCES: MINIMUM CONSIDERATIONS. YES NO NIA
1) Is at least one primary building entrance accessible at ground level or ramped
with no steps? NOTE: Ramp slope should not exceed 1:12
2) Are accessible entrances identified with proper signage? NOTE: A primary
entrance is one that is a commonly used public entrance which does not
involve transit through kitchens, storage facilities or similar areas.)
3) Are accessible primary entrances left unlocked or are provisions made for a
signaling device that is accessible if the entrance must be locked during
certain hours for security purposes?
4) Do entrance doors have a minimum clear opening of 32"?
6
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�FK�Exhibit 4
C) TOILET ROOMS & BATHING FACILITIES: MINIMUM CONSIDERATIONS YES NO NIA
1) Does the facility have accessible public restrooms for men and women?
a) Is there an accessible unisex restroom available?
2) Does the restroom entrance door have a minimum unobstructed opening of
32"?
3) If stalls are provided, are they a minimum of 36" wide and 72"deep, or 48" wide
and 57" deep, and have doors with a 30" unobstructed opening? NOTE: A 32"
clear opening is preferred.)
4) Is the sink rim no higher than 34"?
5) Is the toilet seat 17" to 19" high?
6) Is there at least 29" from the floor to the bottom of the sink apron excluding
pipes)?
7) Are exposed drain and hot water pipes insulated?
8) Are other fixed objects located so as not to impede wheelchair access into
stalls or other facilities
7
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�GK�Exhibit 4
D) MEETINGIHEARING ROOM FACILITIES:. MINIMUM CONSIDERATIONS YES NO N/A
1) Are there meeting rooms that can only be accessed by steps? NOTE: If so
identify those rooms)
2) If amplifiers and /or sound equipment are used, are individual hand-held or
lavaliere microphones available?
a) Are provisions made for assistive listening devices upon request for persons
with hearing impairments?
NOTE: Assistive listening systems are available for loan at no cost from the
ADP funded-Disability Access Project.)
3) Can meeting room seating be arranged to accommodate persons using
wheelchairs in an integrative manner?
4) Are print materials recorded for visually impaired persons?
5) Are interpreters available for persons with hearing impairments?
E) RESIDENTIAL FACILITIES ONLY: LODGING ACCOMMODATIONS:
MINIMUM CONSIDERATIONS YES NO N/A
1) What is the total number of sleeping rooms provided?
2) How many sleeping rooms are accessible for people with mobility limitations?
3) Do entrance doors to accessible guest rooms have a minimum clear opening
of at least 32"?
8
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�HK�Exhibit 4
4) Do accessible guest rooms allow sufficient turning space 5 ft. in diameter) to
allow a person using a wheelchair to move about?
5) If there is a phone in the room, is there an unobstructed approach to the phone
fora person using a wheelchair?
F) AUXILIARY AIDS: MINIMUM CONSIDERATIONS YES NO NIA
1) Is there a written disability admission and referral policy in place? If yes,
attach a copy, to this survey when it is submitted to the Department of
Alcohol and Drug Programs.
2) Does the facility have a TDD/TTY telephone device and number for the deaf
or hard of hearing?
a) If no, has staff been trained to use the California Relay System CRS)?
3) Does the emergency alarm system have both visual and audible features?
4) If the facility has a pay phone, is TTY access available?
5) Is at least one public pay phone equipped with amplification?
6) Do televisions for client use have closed caption capability?
9
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�IK�Exhibit 4
7) Are hearing interpreters available? E 0 E
8) Are hearing interpreters part of group counseling?
Nondiscrimination Questionnaire
1. Is nondiscriminatory treatment, equally afforded to other individuals, given El
directly or through contractual licensing or other arrangements to people with
disabilities in the full and equal enjoyment of the goods, facilities, privileges,
advantages, or accommodations offered?
2. Are the goods, services, facilities, privileges, advantages, or accommodations El
provided differently or separately to individuals with disabilities and individuals
without disabilities?
3. Are the goods, services, facilities, privileges, advantages, and accommodations
offered to individuals with disabilities in the most integrated setting appropriate
to the needs of the specific individual in question?
4. If separate or different programs or activities are provided to individuals with
disabilities, may those individuals still participate in the activities that are not
separate or different?
5. Do you use, directly and/or through a contractual or other arrangements, 0
standards, criteria, or methods of administration that do not have the effect of
discrimination by others?
6. Are people with friends, associates, or relatives with a disability provided foods,
services, facilities, privileges, advantages, accommodations, and other
opportunities on a nondiscriminatory basis?
7. Do your eligibility criteria screen in, not out, individuals with disabilities unless
such criteria can be shown to be necessary for the provision of goods,
services, etc., being offered)?
8. Are reasonable modifications made to policies, practices, or procedures when
such modifications are necessary to offer goods or services, etc., to individuals
with disabilities?
9. Are people with disabilities included, allowed services, integrated, and otherwise F7
treated the same as others through the provision of auxiliary aids and
services?
10. Are architectural and communication barriers that are structural in nature
including permanent, temporary, or moveable structures, such as furniture,
equipment, and display racks) removed from existing facilities?
11. Where removal of barriers is not readily achievable" are the goods, services,
etc., made available through alternative methods?
10
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�JK�Exhibit 4
12. Has new construction been designed to be readily accessible to and usable by
individuals with disabilities?
13. If you are altering a facility, have the alterations been made in such a manner El
that, to the maximum extent feasible, the altered portions of the facility are
readily accessible to and usable by individuals with disabilities including
individuals who use a wheelchair?
11
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012
FULLY EXECUTED AGREEMENT A-11+�KK�Sample ADA Plan
XYZ Recovery Services: Access to Services Plan: FY 7/1/2005-6/30/2006
Barrier
Solution
Priority Projected
Funding Source Projected
Completion Responsible
Cost
Date Person
Physical Access:
In-accessible entrance to Install ramp to main A: This
000
$10 Building
June 30
2006 Program
building entrance Year maintenance Manager
Physical Access
Water fountain spout too Install paper cup
dispenser
A: Now
$40.00
Unrestricted funds
July 15, 2005 Program
Manager
high
Physical Access: Narrow Widen doorway B: Next $500 Building March 1, 2007 Program
door to counseling office FY maintenance Manager
Modify policy to
Program Access: No pet allow for service A: Now None N/A July 15
2005 Executive
policy animals for people Director
with disabilities
Communication Access: No Obtain TTY A: This $350 Office equipment December 30, Office
TTY Year funds 2005 Manager
Available from
Purchase or borrow Disability Access
Communication Access: assistive listening C: As None Project N/A Program
Assistive Listening Systems system: Insert into needed Technology. Loan Manager
policy Program
12
BIB]
40018-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
A-11498-U02
W/COMMUNITY-U02
HUMAN-U02
SERVICES-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75369-U03
AI81978-U03
DO82296-U03
C5-U03
AGREEMENTS-U03
7/24/2009-U04
BOYDA-U04
13736-U05
4-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
HEALTH-U07
TO-U07
SIGN-U07
A-U07
THREE-U07
3)-U07
FISCAL-U07
YEAR-U07
TERM-U07
FY-U07
2009-10,-U07
2010-11-U07
411-HEALTH-U08
MCKEE-U09
SUSIE-U09
MCKEES-U10
7/13/2009-U011
2011-12)-U012
ALCOHOL-U012
DRUG-U012
TREATMENT-U012
SERVICES-U012
AGREEMENT-U012
COMMUNITY-U012
HUMAN-U012
SERVICES-U012
PROVISION-U012
OF-U012
ALCOHOL-U012
DRUG-U012
RECOVERY-U012
SERVICES-U012
IN-U012
ANNUAL-U012
AMOUNT-U012
OF-U012
$1,634,666-U012
A-U012
TOTAL-U012
OF-U012
$4,903,998-U012
PERIOD-U012
JULY-U012
1,-U012
2009-U012
THROUGH-U012
JUNE-U012
30,-U012
2012;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
HEALTH-U012
TO-U012
APPROVE-U012
FUTURE-U012
AMENDMENTS-U012
UP-U012
TO-U012
FIVE-U012
PERCENT-U012
5%)-U012
OF-U012
ANNUAL-U012
AMOUNT,-U012
DOES-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK-U012
OR-U012
RESULT-U012
IN-U012
AN-U012
INCREASE-U012
TO-U012
NET-U012
COUNTY-U012
COSTS.-U012