8101 · 2003-05-21 · 8101 april 18, 2002 the honorable board of supervisors county of los angeles...
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8101
April 18, 2002
The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, California 90012
Dear Supervisors:
APPROVAL OF ONE ALCOHOL AND DRUG SERVICES DRUG/MEDI-CAL AGREEMENTWITH HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE, INC. AND ONE ALCOHOLAND DRUG SERVICES PROPOSITION 36 AGREEMENT WITH THE PAJO CORPORATION
(All Districts) (3 Votes)
IT IS RECOMMENDED THAT YOUR BOARD:
Approve and instruct the Director of Health Services, or his designee, to offer and sign twoalcohol and drug services agreements with: 1) Health, Education, & Leadership for People, Inc., substantially similar to Exhibit I, effective November 2, 2000 through June 30, 2002, for amaximum obligation of $180,253, 100% offset by Federal Block Grant funds and State Generalfunds; and 2) The Pajo Corporation, substantially similar to Exhibit II, effective upon Boardapproval through June 30, 2006, for a maximum obligation of $234,000, 100% offset byProposition 36 State funds.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION:
In approving the recommended action, the Board is authorizing the Director of Health Services, or hisdesignee, to enter into one Drug/Medi-Cal (D/MC) agreement with Health, Education, & Leadershipfor People, Inc. (HELP), to provide outpatient drug free (ODF), day care habilitative (DCH), perinatalODF and perinatal DCH services, retroactive to the provider’s State certification date of November 2,2000 through June 30, 2002, as provided under the State’s directive that County must contract withnew D/MC providers requesting a contract effective upon the certification date; and 2) The PajoCorporation to provide outpatient narcotic treatment maintenance (ONTM) and outpatient narcotictreatment program detoxification services (ONTPDTX), effective upon Board approval throughJune 30, 2006. On December 18, 2001, the Board of Supervisors approved the implementation of new
The Honorable Board of SupervisorsApril 18, 2002Page 2
agreements for residential and non-residential services under Proposition 36, Substance Abuse andCrime Prevention Act of 2000.
In addition, Board approval of the recommended actions will allow the Department of Health Services(Department or DHS), Alcohol and Drug Program Administration (ADPA) to comply with the State’s D/MC and Proposition 36 requirements.
The County has guidelines for the timely submission of contracts for Board approval. However, theagreement with HELP, Inc. is retroactive to the agency’s certification date of November 2, 2000,approved by the State, consistent with State guidelines. The Proposition 36 agreement was allocated toTri-City Mental Health instead of to The Pajo Corporation “dba” Tri City Institute that is licensed toprovide narcotic treatment services. No services were provided by Tri-City Mental Health resulting inno funding being spent. The Program Office informed the Board Offices in a memo dated January 18,2002, informing them of the issue and the corrective action to reallocate funds.
FISCAL IMPACT/FINANCING:
The County’s total maximum obligation for: 1) HELP, Inc. is $180,253 ($11,038 for Fiscal Year (FY)2000-01 and $81,540 for FY 2001-02 in Federal D/MC funds; and $10,454 for FY 2000-01 and$77,221 for FY 2001-02 in State D/MC funds), 100% offset by Federal Block Grant funds and StateGeneral funds, as provided under the State Department of Alcohol and Drug Program’s D/MCagreement with the County; and 2) The Pajo Corporation is $234,000 ($22,000 for FY 2001-02,$53,000 for FY 2002-03, $53,000 for FY 2003-04, $53,000 for FY 2004-05 and $53,000 for FY2005-06), 100% offset by Proposition 36 State funds. No services were provided by Tri-City MentalHealth resulting in no funding being spent.
Funds for both of these agreements are included in the DHS FY 2001-02 Board Adopted Budget andwill be requested as an ongoing appropriation in future fiscal years for the continued provision ofnarcotic treatment services as appropriate. There are no County costs associated with theseagreements.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS:
Health, Education, & Leadership For People, Inc.:
On August 19, 1994, as a result of Sobky v. Smoley, the Federal court ordered the State Department ofAlcohol and Drug Program (SDADP) to: a) ensure availability of methadone maintenance treatmentservices throughout the State, either through direct contracts or through subcontracts with variouscounties, where licensed methadone maintenance treatment programs are available; b) expedite requestsfor licensed methadone maintenance treatment providers for Medi-Cal provider certification; c) ensure thatall Medi-Cal eligible persons receive methadone maintenance treatment services with "reasonablepromptness", and d) ensure that no Medi-Cal eligible person be put on a waiting list to receive servicesdue to budgetary constraints. While the court's judgement specifically focused on methadone maintenancetreatment services, the SDADP applied the judgement to all drug abuse treatment programs supported byMedi-Cal funding.
The Honorable Board of SupervisorsApril 18, 2002Page 3
As a result, the SDADP's agreement with the County, which provides funding support, requires theCounty to enter into agreements with all State-certified D/MC service providers who request servicecontracts with the County, effective upon certification date. Under the agreement, the SDADP agrees tocover the costs of all D/MC services provided to Medi-Cal beneficiaries. SDADP has further agreed tofund agreements, effective as of the date of a D/MC provider’s certification, or July 1 of the current fiscalyear, whichever start date is requested by the provider, allowing for State-approved retroactive paymentsto the provider.
Board approval to enter into D/MC agreements will be requested from time-to-time as new D/MCproviders are certified by the State.
The Pajo Corporation
In a January 18, 2002 memo, ADPA informed the Board offices that the Department had allocated fundsfor a new agreement with Tri-City Mental Health to provide narcotic treatment services under theSubstance Abuse and Crime Prevention Act of 2000 (Proposition 36). This agency is not licensed forthese types of services, therefore the funds would be reallocated to The Pajo Corporation dba Tri CityInstitute, that is licensed to perform these services.
On March 2, 2002, Contracts and Grants Division received ADPA’s request for a new agreement underProposition 36 for narcotic treatment services with The Pajo Corporation, retroactive to December 18,2001, which is the date the Board of Supervisors approved the implementation of new agreements underProposition 36.
Approval of this action will allow narcotic treatment services to be provided to eligible Proposition 36participants and the Department will be in compliance with the requirements of this program. Alcohol and drug services agreements may be terminated immediately for breach or for convenience witha 30-day advance written notice by either party.
Attachment A provides additional information.
Exhibits I and II have been approved as to use and form by County Counsel.
CONTRACTING PROCESS:
It is not appropriate to advertise D/MC agreements on the Office of Small Business' Countywide Web Sitebecause this contracting opportunity is restricted to State-certified D/MC providers and new agreementsfor services to drug offenders eligible to participate in the Proposition 36 program were issued to currentalcohol and drug abuse services contract providers from each Service Planning Area.
IMPACT ON CURRENT SERVICES (OR PROJECTS):
The recommended Board action will continue to provide availability of D/MC and Proposition 36 servicesto residents throughout Los Angeles County.
The Honorable Board of SupervisorsApril 18, 2002Page 4
When approved, this Department requires four signed copies of the Board's action.
Respectfully submitted,
Thomas L. Garthwaite, M. D.Director and Chief Medical Officer
TLG:gh
Attachments
c: Chief Administrative OfficerCounty CounselExecutive Officer, Board of Supervisors
BLTCD1875.GH03/29/2002
ATTACHMENT A
SUMMARY OF AGREEMENTS
1. TYPE OF SERVICE:
Drug/Medi-Cal (D/MC) Outpatient Drug Free (ODF), Day Care Habilitative (DCH), Perinatal DCH andPerinatal ODF, and Proposition 36 outpatient narcotic treatment maintenance and narcotic treatmentdetoxification services.
2. AGENCY ADDRESSES AND CONTACT PERSONS:
Health Education & Leadership for People, Inc. The Pajo Corporation4045 Wilshire Boulevard 2080 Century Park East, Suite 1802Los Angeles, California 90010 Century City, California 90067Attention: Daniel Joseph, Administrator Attention: Carolyn A. Perry, P.A.Telephone: (213) 365-1704 / Executive DirectorFacsimile (FAX): (213) 365-1546 Telephone: (310) 553-9500 /
Facsimile (FAX): (310) 553-7247
3. TERMS:
Health, Education, & Leadership for People, Inc.: November 2, 2000 through June 30, 2002The Pajo Corporation: Effective upon Board approval through June 30,
2006
4. FINANCIAL INFORMATION:
The County’s total maximum obligation for: 1) HELP, Inc., is $180,253 ($11,038 for Fiscal Year (FY) 2000-01and $81,540 for FY 2001-02 in Federal D/MC funds; and $10,454 for FY 2000-01 and $77,221 for FY 2001-02 in State D/MC funds), 100% offset by Federal Block Grant funds and State General funds, as providedunder the State Department of Alcohol and Drug Program’s D/MC agreement with the County, and 2) The PajoCorporation, is $234,000 ($22,000 for FY 2001-02, $53,000 for FY 2002-03, $53,000 for FY 2003-04,$53,000 for FY 2004-05 and $53,000 for FY 2005-06), 100% offset by Proposition 36 State funds. Noservices were provided by Tri-City Mental Health resulting in no funding being spent.
Funds for both of these agreements are included in the DHS FY 2001-02 Board Adopted Budget and will berequested as an ongoing appropriation in future fiscal years for the continued provision of narcotic treatmentservices as appropriate. There are no County costs associated with these agreements.
5. GEOGRAPHIC AREAS SERVED:
All Supervisorial Districts.
6. ACCOUNTABILITY FOR PROGRAM MONITORING AND EVALUATION:
Patrick L. Ogawa, Director, Alcohol and Drug Program Administration
7. APPROVALS:
Public Health: John F. Schunhoff, Ph.D., Chief of Operations
Alcohol and Drug Program Administration: Patrick L. Ogawa, Director
Contracts and Grants Division: Riley J. Austin, Acting Chief
County Counsel (as to form): Robert E. Ragland, Deputy County Counsel
EXHIBIT I
Contract No. (D/MC;NR)
ALCOHOL AND DRUG SERVICES AGREEMENT(DRUG MEDI-CAL)
THIS AGREEMENT is made and entered into this ___________ day
of _____________________, 2002,
by and between COUNTY OF LOS ANGELES (hereafter"County"),
and HEALTH, EDUCATION, & LEADERSHIPFOR PEOPLE INC.(hereafter"Contractor").
WHEREAS, the term "Code" as used herein refers to Title 9 of
the California Code of Regulations ("CCR"); and
WHEREAS, this Agreement is contemplated and authorized by
Welfare and Institutions Code Section 14021.5, Health and Safety
Code Sections 11758.10 et seq., 11758.20 et seq., 11983.2,
11983.6, 11987.5 and 11991.2; and Government Code Section 26227;
and, to the extent this Agreement is funded by Federal Block
Grant funds, also by Health and Safety Code Sections 11754 and
11775, and Government Code Section 53703; and
WHEREAS, the terms "ADPA" and "SDADP", as used in this
Agreement, refer to County's Alcohol and Drug Program
Administration and the State Department of Alcohol and Drug
Programs, respectively; and
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WHEREAS, throughout this Agreement, the term "participant"
shall be used interchangeably with the terms "client", "patient",
and "resident" unless otherwise noted; and
WHEREAS, the term "maximum obligation" as may be used in
various attachments to this Agreement shall now be replaced by
the term "estimated maximum obligation"; and
WHEREAS, Paragraph 13, FUNDING/SERVICES ADJUSTMENTS AND
REALLOCATIONS, of the Additional Provisions, only applies to Non-
Drug/Medi-Cal agreements, and shall not apply to any Drug/Medi-
Cal action taken herein; and
WHEREAS, throughout this Agreement, the term "Exhibits",
refers to Exhibit(s) A, B, C, and D, and the term "Schedules"
refers to Schedule(s) A, B, C, and D, and the term "Budgets"
refers to Budget(s) Not Applicable , inclusively, unless
otherwise noted; and
WHEREAS, the term "Director", as used in this Agreement,
refers to County's Director of Health Services or his/her
authorized designee; and
WHEREAS, the term "fiscal year", as used in this Agreement,
refers to County's fiscal year which commences July 1 and ends
the following June 30.
NOW, THEREFORE, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be effective
November 2, 2000 and shall continue in full force and effect to
and including June 30, 2002.
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In any event, this Agreement may be canceled or terminated
at any time by either party, with or without cause, upon the
giving of at least thirty (30) days' written notice to the other.
Further, County may also suspend the performance of services
hereunder, in whole or in part, upon the giving of at least a
thirty (30) days' written notice to Contractor. County's notice
shall set forth the extent of the suspension and the requirements
for full restoration of the performance obligations.
County may also terminate this Agreement immediately upon
the occurrence of any of the following events: (1) Federal
and/or State funds are not available for this Agreement or for
any portion hereof; (2) to the extent funding for this Agreement
is contingent on the review and recommendation for approval by
the Local Lead Agency, such as ADPA, or any local agency
designated by the ADPA to administer such review and
recommendation, or by SDADP and such review or approval is not
given; (3) to the extent that Contractor is approved to provide
methadone maintenance services, and the approval granted
Contractor by either Food and Drug Administration (FDA), Drug
Enforcement Administration (DEA), SDADP, or all, to serve as a
methadone maintenance service provider is withdrawn; and/or (4)
Contractor fails to initiate delivery of services within thirty
(30) days of the commencement date of this Agreement. Notice of
such termination, as described above, shall be given to
Contractor in writing.
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Notwithstanding any other provision of this Paragraph, the
failure of Contractor or its officers, employees, or agents to
comply with any of the terms of this Agreement or any written
directions by or on behalf of County issued pursuant hereto shall
constitute a material breach hereof, and this Agreement may be
terminated by County immediately. County's failure to exercise
this right of termination shall not constitute a waiver of such
right, which may be exercised at any subsequent time.
In the event of any termination of this Agreement,
Contractor shall:
A. Make immediate and appropriate plans to transfer or
refer all participants served under this Agreement to other
County drug abuse services providers (i.e., contract
agencies) for continuing service in accordance with the
participant's needs. Such plans shall be approved by
Director, before any transfer or referral is completed,
except in those instances, as determined by Contractor,
where an immediate participant transfer or referral is
indicated. In such instances, Contractor may make an
immediate transfer or referral to the nearest provider of
drug abuse services.
B. Immediately eliminate all new costs and expenses
under this Agreement. New costs and expenses include, but
shall not be limited to, those associated with new
participant admissions. In addition, Contractor shall
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immediately minimize all other costs and expenses under this
Agreement. Contractor shall be reimbursed only for
reasonable and necessary costs or expenses incurred after
receipt of Contractor's notice of termination.
C. Promptly report to County in writing all information
necessary for the reimbursement of any outstanding claims
and continuing costs.
D. Provide to County's Department of Health Services
(DHS), Financial Services Division, within forty-five (45)
days after such termination date, an annual cost report as
set forth in the ANNUAL COST REPORT Paragraph of the
ADDITIONAL PROVISIONS, attached hereto.
2. DESCRIPTION OF SERVICES:
A. Contractor shall provide services in the form as
described in the body of this Agreement and in the following
documents, which are incorporated herein by reference:
(1) Exhibit A - Outpatient Drug Free Services(Federal Drug/Medi-Cal)
(2) Exhibit B - Day Care Habilitative Services(Federal Drug/Medi-Cal)
(3) Exhibit C - Perinatal Outpatient Drug FreeServices (Federal Drug/Medi-Cal)
(4) Exhibit D - Perinatal Day Care HabilitativeServices (Federal Drug/Medi-Cal)
(5) ADDITIONAL PROVISIONS - DEPARTMENT OF HEALTHSERVICES - ALCOHOL AND DRUG PROGRAMADMINISTRATION - ALCOHOL AND DRUG SERVICESAGREEMENT - July 1, 2001
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(6) DRUG/MEDI-CAL CERTIFICATION STANDARDS FORSUBSTANCE ABUSE CLINICS - October 1, 1994
(7) STATE OF CALIFORNIA STANDARDS FOR DRUGTREATMENT PROGRAMS - Revised September 1982
(8) PERINATAL SERVICES NETWORK GUIDELINES - Fall1995
(9) APPEAL PROCESSES
Contractor hereby acknowledges receiving the above
referenced documents numbers (1) through (5) attached
hereto, and numbers (6) through (9) not attached hereto.
B. The quality of service(s) provided under this
Agreement shall be at least equivalent to the same services
that Contractor provides to all other participants it
serves.
3. NONEXCLUSIVITY: Contractor acknowledges that it is not
the exclusive provider to County of alcohol and drug services to
be provided under this Agreement, that County has, or intends to
enter into, contracts with other providers of such services, and
that County reserves the right to perform the services with its
own County personnel. During the term of this Agreement,
Contractor agrees to provide County with the services described
in the Agreement.
4. ESTIMATED MAXIMUM OBLIGATION OF COUNTY:
A. During the period November 2, 2000 through June 30,
2002, the estimated maximum obligation of County for all
services provided under this Agreement is One Hundred
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Fifty-Eight Thousand, Seven Hundred Sixty-One Dollars
($158,761). This sum represents the total estimated maximum
obligation of County as determined by adding each maximum
allocation shown in the Exhibits, attached hereto.
B. During the term of this Agreement, County will
reimburse Contractor for the provision of services hereunder
subject to the availability of sufficient funds from the
SDADP and the approval of Contractor's costs by ADPA. The
parties hereto acknowledge that each of the estimated
maximum obligations provided hereinabove are not intended to
be, nor shall be, a statement of County's obligation to
Contractor, but are used herein for County's fiscal and
accounting purposes only.
C. During the term of this Agreement, County and
Contractor shall review Contractor's expenditures and
commitments to utilize any funds, which are specified in
this Agreement for the services hereunder and which are
subject to time limitations as determined by Director,
midway through each County fiscal year during the term of
this Agreement, midway through the applicable time
limitation period for such funds if such period is less than
a County fiscal year, and/or at any other time or times
during each County fiscal year as determined by Director.
At least fifteen (15) days prior to each such review,
Contractor shall provide Director with a current update of
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all of Contractor's expenditures and commitments of such
funds during such fiscal year or other applicable time
period.
If the County determines from a review of Contractor's
service and billing records that a significant portion of
the funds provided for services under this Agreement will be
underutilized over any period of the Agreement term, then
the ADPA's Director, upon written notification to
Contractor, shall be allowed to adjust the use of these
underutilized funds by the moving of such funds into another
Exhibit, Schedule, and/or Budget category within this
Agreement, or reallocate such funds into another Drug/Medi-
Cal funded Agreement with another provider, that readily
provides for the efficient use of such funds before the
expiration of this Agreement's term. ADPA's Director shall
provide prior written notice of such funding changes to
Contractor, including any changes in the amount of services
to be received by County, to Contractor, DHS' Contracts and
Grants Division, and to County's Chief Administrative
Officer. Any such change in any County estimated maximum
obligation, and corresponding maximum allocation(s), shall
be effected by an administrative amendment to this Agreement
by ADPA's Director.
D. If, at any time during the term of this Agreement or
at any time after the expiration or termination of this
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Agreement, authorized representatives of Federal, State, or
County governments conduct an audit of Contractor regarding
the services provided to County hereunder and if such audit
finds that County's dollar liability for such services is
less than payments made by County to Contractor, then
Contractor agrees that the difference shall be either: (1)
repaid forthwith by Contractor to County by cash payment or
(2) at Director's option, credited against any amounts due
by County to Contractor under this Agreement. If such audit
finds that County's dollar liability for services provided
hereunder is more than payments made by County to
Contractor, then the difference shall be paid to Contractor
by County by cash payment, provided that in no event shall
County be liable to pay Contractor for an amount greater
than Contractor's actual costs under this Agreement and an
amount greater than that made available to County by SDADP
in order to reimburse Contractor.
E. This Agreement is valid and enforceable only if
sufficient funds are made available to County by the State,
through the Federal government, specifically to support
services provided under this Agreement. In addition, this
agreement shall be subject to any additional conditions,
limitations, and/or restrictions which are enacted by the
Federal government, or any statue enacted by the Federal
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government, which may affect the provisions, terms, and
funding of this Agreement in any manner.
5. COMPENSATION: County agrees to compensate Contractor
for performing alcohol and drug services hereunder, as set forth
in the PAYMENT Paragraph of the ADDITIONAL PROVISIONS, the
REIMBURSEMENT Paragraph of the Exhibit(s), and in the Schedule(s)
(any applicable Budget[s] thereto), all attached hereto and
incorporated by reference.
6. NON-APPROPRIATION OF FUNDS CONDITION: Notwithstanding
any other provision of this Agreement, County shall not be
obligated by any provision of this Agreement during any of
County's fiscal years unless funds to cover County's costs
hereunder are appropriated by County's Board of Supervisors. In
the event that funds are not appropriated for this Agreement,
then this Agreement shall deemed to have terminated on June 30th
of the prior fiscal year. County shall notify Contractor in
writing of such non-appropriation of funds at the earliest
possible date.
7. INDEMNIFICATION: Contractor shall indemnify, defend,
and hold harmless County and its Special Districts, elected and
appointed officers, employees, and agents from and against any
and all liability, including but not limited to demands, claims,
actions, fees, costs, and expenses (including attorney and expert
witness fees), arising from or connected with Contractor’s acts
and/or omissions arising from and/or relating to this Agreement.
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8. GENERAL INSURANCE REQUIREMENTS: Without limiting
Contractor's indemnification of County and during the term of
this Agreement, Contractor shall provide and maintain, and shall
require all of its subcontractors to maintain, the following
programs of insurance specified in this Agreement. Such
insurance shall be primary to and not contributing with any other
insurance or self-insurance programs maintained by County, and
such coverage shall be provided and maintained at Contractor’s
own expense.
A. Evidence of Insurance: Certificate(s) or other
evidence of coverage satisfactory to County shall be
delivered to County's Department of Health Services,
Contracts and Grants Division, 313 North Figueroa Street,
Sixth Floor-East, Los Angeles, California 90012, prior to
commencing services under this Agreement. Such certificates
or other evidence shall:
(1) Specifically identify this Agreement.
(2) Clearly evidence all coverages required in this
Agreement.
(3) Contain the express condition that County is to
be given written notice by mail at least thirty (30)
calendar days in advance of cancellation for all
policies evidenced on the certificate of insurance.
(4) Include copies of the additional insured
endorsement to the commercial general liability policy,
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adding County of Los Angeles, its Special Districts, its
officials, officers, and employees as insureds for all
activities arising from this Agreement.
(5) Identify any deductibles or self-insured
retentions for County’s approval. County retains the
right to require Contractor to reduce or eliminate such
deductibles or self-insured retentions as they apply to
County, or, require Contractor to provide a bond
guaranteeing payment of all such retained losses and
related costs, including, but not limited to, expenses
or fees, or both, related to investigations, claims
administrations, and legal defense. Such bond shall be
executed by a corporate surety licensed to transact
business in the State of California.
B. Insurer Financial Ratings: Insurance is to be
provided by an insurance company acceptable to County with
an A.M. Best rating of not less than A:VII, unless otherwise
approved by County.
C. Failure to Maintain Coverage: Failure by Contractor
to maintain the required insurance, or to provide evidence
of insurance coverage acceptable to County, shall constitute
a material breach of contract upon which County may
immediately terminate or suspend this Agreement. County, at
its sole option, may obtain damages from Contractor
resulting from said breach. Alternatively, County may
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purchase such required insurance coverage, and without
further notice to Contractor, County may deduct from sums
due to Contractor any premium costs advanced by County for
such insurance.
D. Notification of Incidents, Claims, or Suits:
Contractor shall report to County:
(1) Any accident or incident relating to services
performed under this Agreement which involves injury or
property damage which may result in the filing of a
claim or lawsuit against Contractor and/or County. Such
report shall be made in writing within twenty-four (24)
hours of occurrence.
(2) Any third party claim or lawsuit filed against
Contractor arising from or related to services performed
by Contractor under this Agreement.
(3) Any injury to a Contractor employee which
occurs on County property. This report shall be
submitted on a County "Non-Employee Injury Report" to
County contract manager.
(4) Any loss, disappearance, destruction, misuse,
or theft of any kind whatsoever of County property,
monies, or securities entrusted to Contractor under the
terms of this Agreement.
E. Compensation for County Costs: In the event that
Contractor fails to comply with any of the indemnification
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or insurance requirements of this Agreement, and such
failure to comply results in any costs to County, Contractor
shall pay full compensation for all costs incurred by
County.
F. Insurance Coverage Requirements for Subcontractors:
Contractor shall ensure any and all subcontractors
performing services under this Agreement meet the insurance
requirements of this Agreement by either:
(1) Contractor providing evidence of insurance
covering the activities of subcontractors, or
(2) Contractor providing evidence submitted by
subcontractors evidencing that subcontractors maintain
the required insurance coverage. County retains the
right to obtain copies of evidence of subcontractor
insurance coverage at any time.
9. INSURANCE COVERAGE REQUIREMENTS:
A. General Liability Insurance (written on ISO policy
form CG 00 01 or its equivalent) with limits of not less
than the following:
General Aggregate: $2 Million
Products/Completed OperationsAggregate: $1 Million
Personal and AdvertisingInjury: $1 Million
Each Occurrence: $1 Million
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B. Automobile Liability Insurance (written on ISO
policy form CA 00 01 or its equivalent) with a limit of
liability of not less than $1 Million for each accident.
Such insurance shall include coverage for all "owned",
"hired" and "non-owned" vehicles, or coverage for "any
auto".
C. Workers Compensation and Employers’ Liability:
Insurance providing workers compensation benefits, as
required by the Labor Code of the State of California or by
any other state, and for which Contractor is responsible.
In all cases, the above insurance also shall include
Employers’ Liability coverage with limits of not less than
the following:
Each Accident: $1 Million
Disease - Policy Limit: $1 Million
Disease - Each Employee: $1 Million
D. Professional Liability: Insurance covering
liability arising from any error, omission, negligent or
wrongful act of Contractor, its officers or employees with
limits of not less than $1 Million per occurrence and $3
Million aggregate. The coverage also shall provide an
extended two-year reporting period commencing upon
expiration or earlier termination or cancellation of this
Agreement.
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10. PROHIBITION AGAINST ASSIGNMENT AND DELEGATION:
A. Contractor shall not assign its rights or delegate
its duties under this Agreement, or both, whether in whole
or in part, without the prior written consent of County.
Any assignment or delegation which does not have such prior
County consent shall be null and void. For purposes of this
Paragraph, such County consent shall require a written
amendment to this Agreement which is formally approved and
executed by the parties. Any billings to County by any
delegatee or assignee on any claim under this Agreement,
absent such County consent, shall not be paid by County.
Any payments by County to any delegatee or assignee on any
claim under this Agreement, in consequence of any such
County consent, shall reduce dollar for dollar any claims
which Contractor may have against County and shall be
subject to set-off, recoupment, or other reduction for any
claims which County may have against Contractor, whether
under this Agreement or otherwise.
B. Shareholders or partners, or both, of Contractor may
sell, exchange, assign or divest, or otherwise transfer any
interest they may have therein. However, in the event any
such sale, exchange, assignment, divestment, or other
transfer is effected in such a way as to give majority
control of Contractor to any person(s), corporation,
partnership, or legal entity other than the majority
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controlling interest therein at the time of execution of
this Agreement, then prior written consent thereof by
County’s Board of Supervisors shall be required. Any
payments by County to Contractor on any claim under this
Agreement shall not waive or constitute such County consent.
Consent to any such sale, exchange, assignment, divestment,
or other transfer shall be refused only if County, in its
sole judgement, determines that the transferee(s) is (are)
lacking in experience, capability, or financial ability to
perform all Agreement services and other work. This in no
way limits County's right found elsewhere in this Agreement,
including, but not limited to, any right to terminate this
Agreement.
11. SUBCONTRACTING:
A. For purposes of this Agreement, subcontracts shall
be approved by Director or his/her authorized designee(s).
Contractor’s request to Director for approval of a
subcontract shall include:
(1) Identification of the proposed subcontractor,
(who shall be licensed as appropriate for provision of
subcontract services), and an explanation of why and
how the proposed subcontractor was selected, including
a description of the Contractor’s efforts to obtain
competitive bids.
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(2) A description of the services to be provided by
the subcontract.
(3) The proposed subcontract amount, together with
Contractor's cost or price analysis thereof.
(4) A copy of the proposed subcontract. Any later
modification of such subcontract shall take the form of
a formally written subcontract amendment which must be
approved in writing by Director before such amendment
is effective.
(5) Any other information and/or certification(s)
requested by County.
B. Subcontracts issued pursuant to this Paragraph shall
be in writing and shall contain at least the intent of all
of the Paragraphs of the body of this Agreement, including
the ADDITIONAL PROVISIONS, and the requirements of the
Exhibits(s) and Schedule(S) attached hereto.
C. At least thirty (30) calendar days prior to the
subcontract’s proposed effective date, Contractor shall
submit for review and approval to Director, a copy of the
proposed subcontract instrument. With the Director’s
written approval of the subcontract instrument, the
subcontract may proceed.
D. Subcontracts shall be made in the name of Contractor
and shall not bind nor purport to bind County. The making
of subcontracts hereunder shall not relieve Contractor of
- 19 -
any requirement under this Agreement, including, but not
limited to, the duty to properly supervise and coordinate
the work of subcontractors. Approval of the provisions of
any subcontract by County shall also not be construed to
constitute a determination of the allowability of any cost
under this Agreement. In no event shall approval of any
subcontract by County be construed as effecting any increase
in the amount contained in MAXIMUM OBLIGATION OF COUNTY
Paragraph.
E. In the event that County consents to any
subcontracting, Contractor shall be solely liable and
responsible for any and all payments or other compensation
to all subcontractors, and their officers, employees, and
agents.
F. In the event that County consents to any
subcontracting, such consent shall be subject to County’s
right to give prior and continuing approval of any and all
subcontractor personnel providing services under such
subcontract. Contractor shall assure that any subcontractor
personnel not approved by County shall be immediately
removed from the provision of any services under the
particular subcontract or that another action is taken, as
requested by County.
G. In the event that County consents to any
subcontracting, such consent shall be subject to County’s
- 20 -
right to terminate, in whole or in part, any subcontract at
any time upon written notice to Contractor when such action
is deemed by County to be in its best interest. County
shall not be liable or responsible in any way to Contractor,
or any subcontractor, or to any officers, employees, or
agents, or any subcontractor, for liability, damages, cost,
or expenses, arising from or related to County’s exercising
of such a right.
H. Contractor shall deliver to Director a fully
executed copy of each subcontract entered into by
Contractor, as it pertains to the provision of services
under this Agreement, on or immediately after the effective
date of the subcontract, but in no event, later than the
date any services are performed under the subcontract.
I. Director is hereby authorized to act for and on the
behalf of County pursuant to this Paragraph, including, but
not limited to, consenting to any subcontracting.
12. COMPLIANCE WITH APPLICABLE LAW:
A. Contractor shall comply with all Federal, State, and
local laws, ordinances, regulations, rules, guidelines, and
directives, applicable to its performance hereunder, as they
are now enacted or may hereafter be amended. To the extent
there is any conflict between Federal and State or local
laws, the former shall prevail.
- 21 -
In addition, in the performance of this Agreement,
Contractor shall specifically comply with the requirements
of Health and Safety Code, Division 10.5, Parts 1 and 3,
commencing with Section 11750 et seq.; Titles 9 and 22 of
the CCR; SDADP Drug Program and Drug Program/Medi-Cal
policies as identified in policy letters and the Department
of Health Services Substance Abuse Program Contract
Financial Handbook; written procedures as may be provided to
Contractor by ADPA; as well as all other applicable Federal,
State, and local laws, regulations, guidelines, and
directives.
Further, methadone maintenance services providers shall
also specifically comply with all applicable provisions of
Health and Safety Code Division 10, Chapter 5, Article 2
(Treatment of Addicts for Addiction) [Sections 11215, et
seq.]; Title 9 CCR Chapter 4, Subchapter 4 (Methadone
Treatment Programs) [Sections 1000, et seq.]; Drug Abuse
Prevention Treatment, and Rehabilitation Act of 1972 (21
U.S.C. Sections 1101, et seq.) and Federal regulations
pertaining thereto; regulations of the Food and Drug
Administration ("FDA"), including Title 21 CFR Section
291.505, and the Drug Enforcement Administration ("DEA"); as
well as all other applicable Federal, State, and local laws,
regulations, guidelines, and directives. To the extent
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there is any conflict between Federal and State or local
law, the former shall prevail.
Any reference to a specific statute, regulation, or any
other document not prepared by County is deemed to include a
reference to any amendment thereto as of the effective date
of such amendment; further, this Agreement shall be
interpreted and the parties' duties and obligations under
this Agreement shall be consistent with any amendment to any
applicable statute, regulation or other document not
prepared by County which occurs after the effective date of
the Agreement.
B. Contractor shall indemnify and hold harmless County
from and against any and all loss, damage, liability, or
expense resulting from any violation on the part of
Contractor, its officers, employees, or agents, of such
Federal, State, or local laws, ordinances, regulations,
rules, guidelines, or directives.
13. CONFLICT OF TERMS: To the extent that there exists any
conflict or inconsistency between the language of this Agreement
body and its Additional Provisions, and that of the Exhibit(s),
Schedule(s), and any other documents incorporated herein by
reference (e.g., Budget[s] and/or Statement of Work forms), the
language found within this Agreement and its Additional
Provisions, shall govern and prevail.
- 23 -
14. ALTERATION OF TERMS: The body of this Agreement and
its Additional Provisions, Exhibits, Schedules, and Budgets,
attached hereto, fully expresses all understandings of the
parties concerning all matters covered and shall constitute the
total Agreement. No addition to, or alteration of, the terms of
this Agreement, whether by written or verbal understanding of the
parties, their officers, employees or agents, shall be valid and
effective unless made in the form of a written amendment to this
Agreement which is formally approved and executed by the parties
in the same manner as this Agreement.
15. CONTRACTOR'S OFFICE: Contractor's primary business
office is located at 4045 Wilshire Boulevard, Los Angeles,
California 90010. Contractor's primary business telephone number
is (213) 365-1704 and facsimile/FAX number is (213) 365-1546.
Contractor shall notify County, in writing, of any changes made
to Contractor's primary business address, business telephone
number and/or facsimile/FAX number as listed herein, or any other
business address, business telephone number and/or facsimile/FAX
number used in the provision of services herein, at least ten
(10) days prior to the effective date(s) thereof.
16. NOTICES: Notices hereunder shall be in writing and may
either be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, attention to the
parties at the addresses listed below. Director is authorized to
execute all notices or demands which are required or permitted by
- 24 -
County under this Agreement. Addresses and parties to be
notified may be changed by providing at least ten (10) working
days prior written notice to the other party.
A. Notices to County shall be addressed as follows:
(1) Department of Health ServicesContracts and Grants Division313 North Figueroa Street, Sixth Floor-EastLos Angeles, California 90012-2659
Attention: Division Chief
(2) Department of Health ServicesAlcohol and Drug Program Administration1000 South Fremont AvenueBuilding A-9 East, Third FloorAlhambra, California 91803
Attention: Director
B. Notices to Contractor shall be addressed as follows:
(1) Health, Education, & Leadership forPeople Inc.4045 Wilshire BoulevardLos Angeles, California 90010
Attention: Daniel Joseph, Administrator
IN WITNESS WHEREOF, the Board of Supervisors of the County
of Los Angeles has caused this Agreement to be subscribed by its
/
/
/
/
/
/
- 25 -
Director of Health Services, and Contractor has caused this
Agreement to be subscribed in its behalf by its duly authorized
officer, the day, month, and year first above written.
COUNTY OF LOS ANGELES
By Thomas L. Garthwaite, M.D.Director and Chief Medical Officer
HEALTH, EDUCATION, & LEADERSHIPFOR PEOPLE INC.
Contractor
By Signature
Print Name
Title (AFFIX CORPORATE SEAL HERE)
APPROVED AS TO FORMBY THE OFFICE OF THE COUNTY COUNSELLLOYD W. PELLMANCounty Counsel
APPROVED AS TO CONTRACTADMINISTRATION:
Department of Health Services
By ___________________________ Acting Chief, Contracts and Grants Division
03/13/02ADCD1379.LVBADCD1319.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
EXHIBIT A
OUTPATIENT DRUG FREE SERVICES(FEDERAL DRUG/MEDI-CAL)
1. DEFINITION: Outpatient drug free services are drug
services which include crisis intervention, counseling, and
client referral services. Referrals may be made to medical
detoxification services, recovery home services, methadone
services, psychiatric services, or other appropriate treatment
service providers. Based upon the continuing treatment needs of
the client (including, but not limited to, homeless clients),
duration of any individual's treatment hereunder shall not exceed
twelve (12) months without the prior written approval of
Director. Clients shall receive counseling at least twice within
each thirty (30) day period. Clients not returning for services
within thirty (30) days shall be discharged.
For purposes of this Exhibit, "homeless" clients are defined
as those individuals with a drug abuse problem who lack shelter
and the financial resources to acquire shelter, and whose regular
nighttime dwelling is in the streets, parks, subways, bus
terminals, railroad stations, airports, and other similar
locations.
- 2 -
2. PERSONS TO BE SERVED: Outpatient drug free services
shall be furnished to Medi-Cal eligible beneficiaries meeting
certain admission criteria as defined in Title 22 California Code
of Regulations ("CCR") Section 51303. Contractor shall provide
covered services to Medi-Cal beneficiaries without regard to the
beneficiaries' county of residence. Unless a specific special
population(s) is identified immediately below, services will be
made available to male and female clients of all ages, and to all
ethnic and special population groups.
Specific special population(s) to be served is(are)
eligible Drug/Medi-Cal beneficiaries that abuse drugs and
alcohol . The Contractor will serve: X males/ X females. The
age group(s) to be served is(are) 18 years and over .
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where outpatient drug
free services are to be provided, and the days and hours of
operation for reception and program entry, or when services are
to be provided herein, are as follows:
Facility 1 is located at 4045-4049 A-D, Wilshire Boulevard,
Los Angeles, California 90010. Contractor's facility telephone
number is (213) 365-1704 and facsimile/FAX number is
(213) 365-1546. Contractor's facility days and hours of
operation are Monday through Saturday, 9:00 a.m. to 5:00 p.m.
- 3 -
Facility 2 is located at
. Contractor's facility telephone number
is ( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
or facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
4. MAXIMUM ALLOCATION:
A. During the period of November 2, 2000 through
June 30, 2001, that portion of the maximum obligation of
County which is allocated under this Exhibit for outpatient
drug free services is Twenty-One Thousand, Four Hundred
Ninety-Two Dollars ($21,492). This sum represents the
Combined Maximum State General Fund and Federal Drug/Medi-
Cal Allocations minus County administrative costs.
B. During the period of July 1, 2001 through
June 30, 2002, that portion of the maximum obligation of
County which is allocated under this Exhibit for outpatient
drug free services is Sixty-Four Thousand, Four Hundred
- 4 -
Seventy-Six Dollars ($64,476). This sum represents the
Combined Maximum State General Fund and Federal Drug/Medi-
Cal Allocations minus County administrative costs.
C. Federal Drug/Medi-Cal funds shall be used to
reimburse Contractor for services rendered to clients who
are covered by a federally connected social services aid
program. These funds shall be reimbursable hereunder only
to the extent Contractor serves individuals eligible to
receive Federal Drug/Medi-Cal benefits during the term of
this Agreement.
D. Contractor understands and acknowledges that County
has determined to the best of its ability, based on figures
and information provided by Contractor, the service numbers
(i.e., number of clients to be served and the number of
visits allowed per client) and maximum allocation dollar
amount(s) used in this Agreement. Contractor further
understands and acknowledges that he/she may be required to
continue to provide such services to County clients which
exceed the service numbers and maximum allocation dollar
amount(s) as listed in this Agreement, if such service
numbers and maximum allocation dollar amount(s) were
underestimated by County. If Contractor provides services
beyond the service number and maximum allocation dollar
amounts as listed in this Agreement, Contractor shall inform
- 5 -
the ADPA in writing immediately. County is only responsible
for reimbursing Contractor up to, but not exceeding, the
maximum allocation(s) as listed herein; however, County
shall make every effort to obtain additional funds from
SDADP and other governmental funding sources, if available,
to increase Contractor's maximum allocation, by an amendment
to this Agreement, in order to reimburse Contractor for any
additional services provided. Contractor shall allow the
ADPA a period of not less than thirty (30) days, after being
notified in accordance with the above procedures, to procure
funds from the SDADP and other governmental funding sources,
if available, for Contractor. Any increase in Contractor's
maximum allocation shall be limited to the availability of
State General Funds furnished County for that purpose. If
these funds are not available from SDADP through County,
Contractor shall seek reimbursement directly from the SDADP
for such funds and not from County. In requesting
reimbursement funds directly from the SDADP, Contractor
shall follow the procedures as described under Title 22 CRC
Section 51015. County shall not be liable for any
reimbursement funds due Contractor, for services provided,
which exceed the service numbers and the maximum allocation
dollar amounts listed in this Agreement and the Exhibit(s)
- 6 -
hereto, if additional funds to pay for such service numbers
are not available and/or forthcoming to County from the
SDADP.
Any increases to the maximum allocation under this
provision is further subject to the PAYMENT and FUNDING/
SERVICES ADJUSTMENTS AND REALLOCATIONS paragraph provisions
of this Agreement.
E. Other financial information for this Exhibit is
contained in the Schedule(s), attached hereto and
incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, at the
daily rate (provisional service rate per individual session and
provisional service rate per client attending a group session) as
set forth in the Schedule(s) referred to above, and attached
hereto. For purposes of this Agreement, the definition of an
"individual session" is a fifty (50) minute face-to-face visit.
Reimbursement for an individual session is limited to intake,
crisis intervention, collateral services, and treatment and
discharge planning. A "group session" is a ninety (90) minute
counseling session for a minimum of four (4) to a maximum of ten
(10) individuals.
Contractor's provisional rate shall be based on whichever
reimbursement rate, i.e., customary charge, allowable costs, or
- 7 -
maximum allowance/rate cap, is determined by the ADPA to be the
lowest possible charge to County for Contractor's services, in
accordance with Title 22 CCR Section 51516. Contractor's lowest
possible charge shall be further adjusted to include deductions
for allowable (as defined by the SDADP) County administrative
costs, the difference of which shall be defined as Contractor's
provisional rate, and as set forth in the Schedule(s) attached
hereto.
Provisional rate payments and any other required payments to
Contractor for services provided herein, shall be subject to the
provisions set forth in the PAYMENT Paragraph of this Agreement.
6. PROGRAM EVALUATION: Contractor shall have a statement
on the overall program goals and objectives that will be achieved
by Contractor in the provision of services in accordance with the
terms of this Agreement. (Note: If Contractor’s program services
are directed towards individual participants, Contractor shall
also have an additional goals and objectives statement that
describes the specific effects on a participant’s behavior and
health status that Contractor’s services are expected to produce
in a stated percentage of the participant population to be
served.) Each goal and objective shall include a timetable and a
completion date, which shall not exceed the term of this
Agreement. Program goals and objectives shall be submitted by
Contractor within thirty (30) days following the execution of
this Agreement for approval by Director.
- 8 -
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and clients; completing
questionnaires; observation of staff in-service training and
staff delivery of services to clients; abstraction of information
from client records; an expansion of the Los Angeles County
Participant Reporting System for both intake and discharge
information reported on clients; the reporting of services
received by selected clients; and other activities to meet
established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and client confidentiality
assurances and will be conducted under applicable Federal and
- 9 -
state law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
County with additional oversight by a County-appointed advisory
group.
7. CLIENT RECORDS: Client records shall include intake
information consisting of personal, family, educational, drug
(including alcohol) use, criminal (if any) and medical history;
client identification data; diagnostic studies, if appropriate; a
service/treatment plan which includes short and long term goals
generated by Contractor's staff and client; assignment of a
primary counselor/case worker; description of type and frequency
of services including support services to be provided; an
individual narrative summary of client interviews and any other
intake information determined by the County as necessary for
program evaluation purposes; and a discharge/transfer summary and
any other discharge information determined by the County as
necessary for program evaluation purposes.
8. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacist, registered
nurse, licensed psychiatric technician or licensed vocational
nurse, in accordance with Federal and State law and related
regulations.
- 10 -
9. SPECIFIC SERVICES TO BE PROVIDED: Contractor shall
provide outpatient drug free services in accordance with
procedures formulated and adopted by Contractor's staff, and
approved by Director. Specific services to be provided hereunder
are as follows:
A. Conduct intake and client assessment/diagnosis,
including documentation of admission requirements, and
medical and psychosocial histories.
B. Casework services inclusive of individual
counseling, group counseling and crisis intervention, with
the involvement of the family where clinically appropriate
in the implementation of the treatment plan. Clients shall
receive a minimum of two (2) counseling sessions per thirty
(30) day period or be subject to discharge.
C. Involvement of "significant others" in the treatment
process when appropriate.
D. Coordinate the provision of services with other
agencies, including criminal justice agencies involved with
drug abuse programs.
E. Direct or referral services to clients, and
documentation of such services or referrals and referral
follow-up to other agencies for medical, social,
psychological, vocational, educational, legal, health
education or other services deemed appropriate for
- 11 -
contributing to clients' rehabilitation. Services provided
through referral shall not be a charge to, nor reimbursable,
hereunder.
F. Follow-up on former clients in accordance with
Contractor's written policies and procedures.
G. Provision, as needed, for the referral of homeless
clients to appropriate residential detoxification and
residential drug free programs, and to social services and
mental health programs for other services.
H. Body fluids testing (urinalysis) which, if performed
by Contractor hereunder, shall require each client's
emission of the urine collected be observed by an employee
of Contractor to protect against the falsification and/or
contamination of the urine sample.
I. Education on Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome ("HIV/AIDS") transmission and
access to HIV/AIDS testing.
J. Information and education on tuberculosis ("TB") and
access to TB screening and services, in accordance with
Title 45 Code of Federal Regulation ("CFR") Section
96.127(a)(1).
K. Provision of or referral to interim services for
pregnant women who request services and cannot be admitted
to a program no later than forty-eight (48) hours after the
- 12 -
women seek services, in accordance with Title 45 CFR Section
96.131(d)(2).
L. Development of procedures necessary to refer
clients, when Contractor has no unused capacity, to
outpatient drug free services programs that do. Contractor
shall document their efforts to refer clients to other
agencies if Contractor is unable to provide immediate
services, and to notify the County ADPA Drug/Medi-Cal unit,
by telephone, of agency's inability to refer a Drug/Medi-Cal
beneficiary before placing any client on a waiting list.
10. PROGRAM TREATMENT CAPACITY:
A. The total number of full time equivalent (FTE)
positions budgeted to the program hereunder is .70 /2.43 .
B. The total number of FTE positions dedicated to
perform direct service hours during the Agreement term is
.58 /.60 .
C. Contractor shall provide a minimum of 1,067 /1,601
actual service hours for each dedicated FTE position(s)
during the Agreement term.
D. Contractor shall provide a minimum of 619 /486
service hours during the Agreement term (Item B x Item C).
11. STATE APPEAL PROCESSES: Contractor is allowed by the
State to appeal SDADP dispositions and other specific judgements,
that apply to Contractor's provision of services under this
Agreement. Any such appeal shall be filed in writing by
- 13 -
Contractor in accordance with the procedures as listed under
Title 22 CCR Section 51015, and shall be limited only to those
appeals specified in the State APPEAL PROCESSES document, as
received by Contractor under Paragraph 2, DESCRIPTION OF
SERVICES, Subparagraph A, of this Agreement.
03/13/02ADCD1533.LVBADCD1316.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
SCHEDULE A
OUTPATIENT DRUG FREE SERVICES(FEDERAL DRUG/MEDI-CAL)
Period of Period of(11/02/00- (07/01/01- 06/30/01) 06/30/02)
1. Drug/Medi-Cal Provider Number ......... 7011 7011
2. Projected Units of Service:
A. Individual Sessions................ 72 226
B. Group Sessions..................... 63 173
3. Maximum Combined Allocation............ $ 21,492 64,476
4. Projected Revenues..................... $ 0 0
5. Projected Total Gross Program Cost .... $ 21,492 64,476 (Item 3 plus Item 4)
6. Provisional Rate Per Individual Session.................... $ 57.51 61.31
7. Provisional Rate Per Client in a Group Session......................... $ 27.54 29.10
03/13/02ADCD1533.LVBADCD1316.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
EXHIBIT B
DAY CARE HABILITATIVE SERVICES(FEDERAL DRUG/MEDI-CAL)
1. DEFINITION: Day care habilitative services are non-
residential programs which provide counseling and rehabilitation
services. Clients (including, but not limited to, homeless
client) shall participate according to the minimum attendance
schedule as described below, and shall have regularly assigned,
supervised work functions. Clients shall participate in
scheduled, formalized services three (3) or more hours per day,
but less than twenty-four (24) hours, throughout the day at least
three (3) times per week. The program services shall be
available a minimum of six (6) hours per day, six (6) days per
week.
Based upon the continuing needs of clients, duration of any
individual's treatment hereunder shall not exceed one (1) year
without prior written approval of Director.
For purposes of this Exhibit, "homeless" clients are defined
as those individuals with an alcohol and/or other drug problem
who lack shelter and the financial resources to acquire shelter,
and whose regular nighttime dwelling is in the streets, parks,
subways, bus terminals, railroad stations, airports, and other
similar locations.
- 2 -
2. PERSONS TO BE SERVED: Day care habilitative services
shall be furnished to Medi-Cal eligible beneficiaries meeting
certain admission criteria as defined in Title 22 California Code
of Regulations ("CCR") Section 51303. Contractor shall provide
covered services to Medi-Cal beneficiaries without regard to the
beneficiaries' county of residence. Unless a specific special
population(s) is identified immediately below, services will be
made available to male and female clients under age twenty-one
(21), and to all ethnic and special population groups.
Specific special population(s) to be served is(are)
eligible Drug/Medi-Cal beneficiairies that abuse drugs and
alcohol . The Contractor will serve: X males/ X females.
The age group(s) to be served is(are) under 21 years old .
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where day care
habilitative services are to be provided, and the days and hours
of operation, or when services are to be provided herein, are as
follows:
Facility 1 is located at 4045-4049 A-D, Wilshire Boulevard,
Los Angeles, California 90010. Contractor's facility telephone
number is (213) 365-1704 and facsimile/FAX number is
(213) 365-1546. Contractor's facility days and hours of
operation are Monday through Saturday, 9:00 a.m. to 5:00 p.m.
Facility 2 is located at
. Contractor's facility telephone number
- 3 -
is ( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
or facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
4. MAXIMUM ALLOCATION:
A. During the period of November 2, 2000 through
June 30, 2001, that portion of the maximum obligation of
County which is allocated under this Exhibit for day care
habilitative services is Zero Dollars ($0). This sum
represents the Combined Maximum State General Fund and
Federal Drug/Medi-Cal Allocations minus allowable County
administrative costs.
B. During the period of July 1, 2001 through
June 30, 2002, that portion of the maximum obligation of
County which is allocated under this Exhibit for day care
habilitative services is Forty-Seven Thousand, Six Hundred
Eighty-Nine Dollars ($47,689). This sum represents the
- 4 -
Combined Maximum State General Fund and Federal Drug/Medi-
Cal Allocations minus allowable County administrative costs.
C. Federal Drug/Medi-Cal funds shall be used to
reimburse Contractor for services rendered to clients who
are covered by a federally connected social services aid
program. These funds shall be reimbursable hereunder only
to the extent Contractor serves individuals eligible to
receive Federal Drug/Medi-Cal benefits during the term of
this Agreement.
D. Contractor understands and acknowledges that County
has determined to the best of its ability, based on figures
and information provided by Contractor, the service numbers
(i.e., number of clients to be served and the number of
visits allowed per client) and maximum allocation dollar
amount(s) used in this Agreement. Contractor further
understands and acknowledges that he/she may be required to
continue to provide such services to County clients which
exceed the service numbers and maximum allocation dollar
amount(s) as listed in this Agreement, if such service
numbers and maximum allocation dollar amount(s) were
underestimated by County. If Contractor provides services
beyond the service number and maximum allocation dollar
amounts as listed in this Agreement, Contractor shall inform
the ADPA in writing immediately. County is only responsible
for reimbursing Contractor up to, but not exceeding, the
- 5 -
maximum allocation(s) as listed herein; however, County
shall make every effort to obtain additional funds from
SDADP and other governmental funding sources, if available,
to increase Contractor's maximum allocation, by an amendment
to this Agreement, in order to reimburse Contractor for any
additional services provided. Contractor shall allow the
ADPA a period of not less than thirty (30) days, after being
notified in accordance with the above procedures, to procure
funds from the SDADP and other governmental funding sources,
if available, for Contractor. Any increase in Contractor's
maximum allocation shall be limited to the availability of
State General Funds furnished County for that purpose. If
these funds are not available from SDADP through County,
Contractor shall seek reimbursement directly from the SDADP
for such funds and not from County. In requesting
reimbursement funds directly from the SDADP, Contractor
shall follow the procedures as described under Title 22 CCR
Section 51015. County shall not be liable for any
reimbursement funds due Contractor, for services provided,
which exceed the service numbers and the maximum allocation
dollar amounts listed in this Agreement and the Exhibit(s)
hereto, if additional funds to pay for such service numbers
are not available and/or forthcoming to County from the
SDADP.
- 6 -
Any increases to the maximum allocation under this
provision is further subject to the PAYMENT and FUNDING/
SERVICES ADJUSTMENTS AND REALLOCATIONS paragraph provisions
of this Agreement.
E. Other financial information for this Exhibit is
contained in the Schedule(s), attached hereto and
incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, at the
daily rate (provisional service rate per day care habilitative
service visit) as set forth in the Schedule(s) referred to above,
and attached hereto. For purposes of this Agreement, the
definition of a "day care habilitative services visit" is one (1)
"face-to-face" visit to receive services for at least three (3)
hours on a calendar day.
Contractor's provisional rate shall be based on whichever
reimbursement rate, i.e., customary charge, allowable costs, or
maximum allowance/rate cap, is determined by the ADPA to be the
lowest possible charge to County for Contractor's services, in
accordance with Title 22 CCR Section 51516. Contractor's lowest
possible charge shall be further adjusted to include deductions
for allowable (as defined by the SDADP) County administrative
costs, the difference of which shall be defined as Contractor's
provisional rate, and as set forth in the Schedule(s) attached
hereto.
- 7 -
Provisional rate payments and any other required payments to
Contractor for services provided herein, shall be subject to the
provisions set forth in the PAYMENT Paragraph of this Agreement.
6. PROGRAM EVALUATION: Contractor shall have a statement
on the overall program goals and objectives that will be achieved
by Contractor in the provision of services in accordance with the
terms of this Agreement. (Note: If Contractor’s program services
are directed towards individual participants, Contractor shall
also have an additional goals and objectives statement that
describes the specific effects on a participant’s behavior and
health status that Contractor’s services are expected to produce
in a stated percentage of the participant population to be
served.) Each goal and objective shall include a timetable and a
completion date, which shall not exceed the term of this
Agreement. Program goals and objectives shall be submitted by
Contractor within thirty (30) days following the execution of
this Agreement for approval by Director.
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
- 8 -
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and clients; completing
questionnaires; observation of staff in-service training and
staff delivery of services to clients; abstraction of information
from client records; an expansion of the Los Angeles County
Participant Reporting System for both intake and discharge
information reported on clients; the reporting of services
received by selected clients; and other activities to meet
established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and client confidentiality
assurances and will be conducted under applicable Federal and
state law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
County with additional oversight by a County-appointed advisory
group.
7. CLIENT RECORDS: Client records shall include intake
information consisting of personal, family, educational, drug
(including alcohol) use, criminal (if any) and medical history;
client identification data; diagnostic studies, if appropriate; a
- 9 -
service/treatment plan which includes short and long term goals
generated by Contractor's staff and client; assignment of a
primary counselor/case worker; description of type and frequency
of services including support services to be provided; an
individual narrative summary of client interviews and any other
intake information determined by the County as necessary for
program evaluation purposes; and a discharge/transfer summary and
any other discharge information determined by the County as
necessary for program evaluation purposes.
8. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacist, registered
nurse, licensed psychiatric technician or licensed vocational
nurse, in accordance with Federal and State law and related
regulations.
9. SPECIFIC SERVICES TO BE PROVIDED: Contractor shall
provide day care habilitative services in accordance with
procedures formulated and adopted by Contractor's staff, and
approved by Director. Specific services to be provided hereunder
are as follows:
A. Conduct intake and client assessment/diagnosis,
including documentation of admission requirements, and
medical and psychosocial histories.
- 10 -
B. Casework services inclusive of individual
counseling, group counseling and crisis intervention, with
the involvement of the family where clinically appropriate
in the implementation of the treatment plan.
C. A minimum of nine (9) hours per week of scheduled,
formalized services (e.g., a work program, treatment
techniques, and recreational activities).
D. Involvement of "significant others" in the treatment
process when appropriate.
E. Coordinate the provision of services with other
agencies, including criminal justice agencies involved with
drug abuse programs.
F. Direct or referral services to clients, and
documentation of such services or referrals and referral
follow-up to other agencies for medical, social,
psychological, vocational, educational, legal, health
education or other services deemed appropriate for
contributing to clients' rehabilitation. Services provided
through referral shall not be a charge to, nor reimbursable,
hereunder.
G. Follow-up on former clients in accordance with
Contractor's written policies and procedures.
H. Provision, as needed, for the referral of homeless
clients to appropriate residential detoxification and
- 11 -
residential drug free programs, and to social services and
mental health programs for other services.
I. Body fluids testing (urinalysis) which, if performed
by Contractor hereunder, shall require each client's
emission of the urine collected be observed by an employee
of Contractor to protect against the falsification and/or
contamination of the urine sample.
J. Education on Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome ("HIV/AIDS") transmission and
access to HIV/AIDS testing.
K. Information and education on tuberculosis ("TB") and
access to TB screening and services, in accordance with
Title 45 Code of Federal Regulations ("CFR") Section
96.127(a)(1).
L. Provision of or referral to interim services for
pregnant women who request services and cannot be admitted
to a program no later than forty-eight (48) hours after the
women seek services, in accordance with Title 45 CFR Section
96.131(d)(2).
M. Development of procedures necessary to refer
clients, when Contractor has no unused capacity, to day care
habilitative services programs that do. Contractor shall
document their efforts to refer clients to other agencies if
Contractor is unable to provide immediate services, and to
notify the County ADPA Drug/Medi-Cal unit, by telephone, of
- 12 -
agency's inability to refer a Drug/Medi-Cal beneficiary
before placing any client on a waiting list.
10. PROGRAM TREATMENT CAPACITY:
A. The total number of full time equivalent (FTE)
positions dedicated to perform direct service hours during
the Agreement term is 0/.5 .
B. Contractor shall serve 0/10 program clients for
each dedicated FTE position(s) during the Agreement term
(minimum number is 10).
C. The projected minimum number of clients served
during the Agreement term is 0/5 (Item A x Item B).
D. The average program attendance by each client is
projected to be 3 days per week during the Agreement term.
E. The projected program treatment capacity for program
clients during the Agreement term is N/A /780 (Item C x
Item D x 52).
F. The projected utilization rate of the total
treatment capacity for program clients during the term of
the Agreement is N/A /100% .
G. Contractor shall provide a minimum of N/A /780
service units during the Agreement term (Item E x Item F).
11. STATE APPEAL PROCESSES: Contractor is allowed by the
State to appeal SDADP dispositions and other specific judgements,
that apply to Contractor's provision of services under this
Agreement. Any such appeal shall be filed in writing by
Contractor in accordance with the procedures as listed under
Title 22 CCR Section 51015, and shall be limited only to those
appeals specified in the State APPEAL PROCESSES document, as
received by Contractor under Paragraph 2, DESCRIPTION OF
SERVICES, Subparagraph A, of this Agreement.
03/13/02ADCD1534.LVBADCD1315.GH 10/11/01
- 14 -
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
SCHEDULE B
DAY CARE HABILITATIVE SERVICES(FEDERAL DRUG/MEDI-CAL)
Period of Period of(11/02/00- (07/01/01- 06/30/01) 06/30/02)
1. Drug/Medi-Cal Provider Number ......... 7011 7011
2. Units of Service....................... N/A 780 (Day Care Habilitative Services Visit)
3. Maximum Combined Allocation............ $ 0 $ 47,689
4. Projected Revenues..................... $ 0 $ 0
5. Projected Total Gross Program Cost..... $ 0 $ 47,689 (Item 3 plus Item 4)
6. Provisional Rate Per Day Care Habilitative Services Visit........... $ 0 $ 61.07 (Item 3 divided by Item 2)
03/13/02ADCD1534.LVBADCD1315.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
EXHIBIT C
PERINATAL OUTPATIENT DRUG FREE SERVICES(FEDERAL DRUG/MEDI-CAL)
1. DEFINITION: Perinatal outpatient drug free services
(hereafter "Outpatient Drug Free Services") are drug treatment
services, which include crisis intervention, counseling, and
client referral services. Referrals may be made to medical
detoxification services, recovery home services, methadone
services, psychiatric services, or other appropriate treatment
service providers. Each client (including, but not limited to,
homeless clients) at the program shall receive outpatient drug
free counseling at least twice within each thirty (30) day
period. Clients not returning for thirty (30) days shall be
discharged. Based upon the continuing treatment needs of client,
duration of any client's treatment hereunder shall not exceed
twelve (12) months without the prior written approval of
Director.
For purposes of this Exhibit, "homeless" clients are defined
as those individuals with a drug abuse problem who lack shelter
and the financial resources to acquire shelter, and whose regular
nighttime dwelling is in the streets, parks, subways, bus
terminals, railroad stations, airports, and other similar
locations.
- 2 -
2. PERSONS TO BE SERVED: Outpatient drug free services
shall be furnished to pregnant and postpartum women who are Medi-
Cal eligible beneficiaries meeting certain admission criteria as
defined in Title 22 California Code of Regulations ("CCR")
Section 51303. Priority admission to the program shall be given,
as delineated in the Perinatal Services Network Guidelines, in
the following order: (a) pregnant injection drug users and (b)
pregnant women using alcohol and/or other drugs. Contractor
shall provide covered services to Medi-Cal beneficiaries without
regard to the beneficiaries' county of residence.
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where outpatient drug
free services are to be provided, and the days and hours of
operation, or when services are to be provided herein, are as
follows:
Facility 1 is located at 4045-4049 A-D, Wilshire Boulevard,
Los Angeles, California 90010. Contractor's facility telephone
number is (213) 365-1704 and facsimile/FAX number is
(213) 365-1546. Contractor's facility days and hours of
operation are Monday through Saturday, 900 a.m. to 5:00 p.m.
Facility 2 is located at
. Contractor's facility telephone number
is ( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
- 3 -
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
or facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
4. MAXIMUM ALLOCATION:
A. During the period of November 2, 2000 through
June 30, 2001, that portion of the maximum obligation of
County which is allocated under this Exhibit for outpatient
drug free services is Zero Dollars ($0). This sum
represents the Combined Maximum State General Fund and
Federal Drug/Medi-Cal Allocations minus allowable County
administrative costs.
B. During the period of July 1, 2001 through
June 30, 2002, that portion of the maximum obligation of
County which is allocated under this Exhibit for outpatient
drug free services is Twenty-Six Thousand, Seven Hundred
Sixty-Six Dollars ($26,766). This sum represents the
Combined Maximum State General Fund and Federal Drug/Medi-
Cal Allocations minus allowable County administrative costs.
C. Federal Drug/Medi-Cal funds shall be used to
reimburse Contractor for services rendered to clients who
- 4 -
are covered by a federally connected perinatal treatment
expansion program. These funds shall be reimbursable
hereunder only to the extent Contractor serves individuals
eligible to receive Federal Drug/Medi-Cal benefits during
the term of this Agreement.
D. Contractor understands and acknowledges that County
has determined to the best of its ability, based on figures
and information provided by Contractor, the service numbers
(i.e., number of clients to be served and the number of
visits allowed per client) and maximum allocation dollar
amount(s) used in this Agreement. Contractor further
understands and acknowledges that he/she may be required to
continue to provide such services to County clients which
exceed the service numbers and maximum allocation dollar
amount(s) as listed in this Agreement, if such service
numbers and maximum allocation dollar amount(s) were
underestimated by County. If Contractor provides services
beyond the service number and maximum allocation dollar
amounts as listed in this Agreement, Contractor shall inform
the ADPA in writing immediately. County is only responsible
for reimbursing Contractor up to, but not exceeding, the
maximum allocation(s) as listed herein; however, County
shall make every effort to obtain additional funds from
SDADP and other governmental funding sources, if available,
- 5 -
to increase Contractor's maximum allocation, by an amendment
to this Agreement, in order to reimburse Contractor for any
additional services provided. Contractor shall allow the
ADPA a period of not less than thirty (30) days, after being
notified in accordance with the above procedures, to procure
funds from the SDADP and other governmental funding sources,
if available, for Contractor. Any increase in Contractor's
maximum allocation shall be limited to the availability of
State General Funds furnished County for that purpose. If
these funds are not available from SDADP through County,
Contractor shall seek reimbursement directly from the SDADP
for such funds and not from County. In requesting
reimbursement funds directly from the SDADP, Contractor
shall follow the procedures as described under Title 22 CCR
Section 51015. County shall not be liable for any
reimbursement funds due Contractor, for services provided,
which exceed the service numbers and the maximum allocation
dollar amounts listed in this Agreement and the Exhibit(s)
hereto, if additional funds to pay for such service numbers
are not available and/or forthcoming to County from the
SDADP.
Any increases to the maximum allocation under this
provision is further subject to the PAYMENT and FUNDING/
SERVICES ADJUSTMENTS AND REALLOCATIONS paragraph provisions
of this Agreement.
- 6 -
E. Other financial information for this Exhibit is
contained in the Schedule(s), attached hereto and
incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, at the
daily rate (provisional service rate per individual session and
provisional service rate per client attending a group session) as
set forth in the Schedule(s) referred to above, and attached
hereto. For purposes of this Agreement, the definition of an
"individual session" is a fifty (50) minute face-to-face visit.
Reimbursement for an individual session is limited to intake,
crisis intervention, collateral services, and treatment and
discharge planning. A "group session" is a ninety (90) minute
session for a minimum of four (4) to a maximum of ten (10)
individuals. Contractor must meet all requirements delineated in
the Perinatal Services Network Guidelines; however, Contractor
shall only be reimbursed for those allowable costs identified in
Title 22 CCR Section 51341.1.
Contractor's provisional rate shall be based on whichever
reimbursement rate, i.e., customary charge, allowable costs, or
maximum allowance/rate cap, is determined by the ADPA to be the
lowest possible charge to County for Contractor's services, in
accordance with Title 22 CCR Section 51516. Contractor's lowest
possible charge shall be further adjusted to include deductions
- 7 -
for allowable (as defined by the SDADP) County administrative
costs, the difference of which shall be defined as Contractor's
provisional rate, and as set forth in the Schedule attached
hereto.
Provisional rate payments and any other required payments to
Contractor for services provided herein, shall be subject to the
provisions set forth in the PAYMENT Paragraph of this Agreement.
6. PROGRAM EVALUATION: Contractor shall have a statement
on the overall program goals and objectives that will be achieved
by Contractor in the provision of services in accordance with the
terms of this Agreement. (Note: If Contractor’s program services
are directed towards individual participants, Contractor shall
also have an additional goals and objectives statement that
describes the specific effects on a participant’s behavior and
health status that Contractor’s services are expected to produce
in a stated percentage of the participant population to be
served.) Each goal and objective shall include a timetable and a
completion date, which shall not exceed the term of this
Agreement. Program goals and objectives shall be submitted by
Contractor within thirty (30) days following the execution of
this Agreement for approval by Director.
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
- 8 -
program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and clients; completing
questionnaires; observation of staff in-service training and
staff delivery of services to clients; abstraction of information
from client records; an expansion of the Los Angeles County
Participant Reporting System for both intake and discharge
information reported on clients; the reporting of services
received by selected clients; and other activities to meet
established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and client confidentiality
assurances and will be conducted under applicable Federal and
state law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
- 9 -
County with additional oversight by a County-appointed advisory
group.
7. CLIENT RECORDS: Client records shall include intake
information consisting of personal, family, educational, drug
(including alcohol) use, criminal (if any) and medical history;
client identification data; diagnostic studies, if appropriate; a
service/treatment plan which includes short and long term goals
generated by Contractor's staff and client; assignment of a
primary counselor/case worker; description of type and frequency
of services including support services to be provided; an
individual narrative summary of client interviews and any other
intake information determined by the County as necessary for
program evaluation purposes; and a discharge/transfer summary and
any other discharge information determined by the County as
necessary for program evaluation purposes.
8. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacist, registered
nurse, licensed psychiatric technician or licensed vocational
nurse, in accordance with Federal and State law and related
regulations.
9. SPECIFIC SERVICES TO BE PROVIDED: Contractor shall
provide outpatient drug free services in accordance with
procedures formulated and adopted by Contractor's staff, and
- 10 -
approved by Director. Specific services to be provided hereunder
are as follows:
A. Client intake, assessment, and diagnosis including
documentation of admission requirements and psychological
and medical histories.
B. Casework services inclusive of individual
counseling, group counseling and crisis intervention, with
the involvement of the family where clinically appropriate
in the implementation of the treatment plan. Clients shall
receive a minimum of two (2) counseling sessions per thirty
(30) day period or be subject to discharge.
C. Involvement of "significant others" in the treatment
process when appropriate.
D. Coordination with other agencies, including criminal
justice agencies involved with drug abuse programs.
E. Direct or referral services to clients, and
documentation of such services or referrals and referral
follow-up to other agencies for medical, social,
psychological, vocational, educational, legal, health
education or other services deemed appropriate for
contributing to clients' rehabilitation. Services provided
through referral shall not be a charge to nor reimbursable
hereunder.
F. Peer support and discussion groups.
- 11 -
G. On-site childcare for children from birth to thirty-
six (36) months of age, and on-site provision or
arrangements through referral for child care for children
thirty-seven (37) months to twelve (12) years of age.
Contractor's on-site child care operations and/or child care
operations provided by referral shall comply with any and
all required laws and regulations regarding child care.
H. Provision of or arrangement for transportation to
and from treatment, primary medical care, and ancillary
services for women who do not have their own transportation.
I. Education on the impact of alcohol and drug
consumption during pregnancy and breast feeding.
J. Parenting skills, training and education on child
development.
K. Coordination for obstetrical, gynecological,
pediatric, social service and other community services.
L. Provision of or arrangement for primary medical,
prenatal, and pediatric care.
M. Education on Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome ("HIV/AIDS") transmission and
access to HIV/AIDS testing.
N. Information and education on tuberculosis ("TB") and
access to TB screening and services, in accordance with
Title 45 Code of Federal Regulation ("CFR") Section
96.127(a)(1).
- 12 -
O. Provision of or referral to interim services for
pregnant women who request services and cannot be admitted
to a program no later than forty-eight (48) hours after the
women seek services, in accordance with Title 45 CFR
96.131(d)(2).
P. Exit planning to ensure clients have support in
recovery, including transition to community services and
sober housing.
Q. Outreach to pregnant, postpartum, and parenting
women who use alcohol and other drugs and who would not
otherwise know about these services.
R. Follow-up on former clients in accordance with
Contractor's written policies and procedures.
S. Provision, as needed, for the referral of homeless
clients to appropriate residential detoxification and
residential drug free programs, and to social services and
mental health programs for other services.
T. Body fluids testing (urinalysis) which, if performed
by Contractor hereunder, shall require each client's
emission of the urine collected be observed by an employee
of Contractor to protect against the falsification and/or
contamination of the urine sample.
U. Development of procedures necessary to refer
clients, when Contractor has no unused capacity, to
outpatient drug free services programs that do. Contractor
- 13 -
shall document their efforts to refer clients to other
agencies if Contractor is unable to provide immediate
services, and to notify the County's ADPA Drug/Medi-Cal
unit, by telephone, of agency's inability to refer a
Drug/Medi-Cal beneficiary before placing any client on a
waiting list.
10. PROGRAM TREATMENT CAPACITY:
A. The total number of full time equivalent (FTE)
positions budgeted to the program hereunder is 1.02 .
B. The total number of FTE positions dedicated to
perform direct service hours during the Agreement term is
N/A /.08 .
C. Contractor shall provide a minimum of N/A /1,601
actual service hours for each dedicated FTE position(s)
during the Agreement term.
D. Contractor shall provide a minimum of N/A /129
service hours during the Agreement term (Item B x Item C).
11. STATE APPEAL PROCESSES: Contractor is allowed by the
State to appeal SDADP dispositions and other specific judgements,
that apply to Contractor's provision of services under this
Agreement. Any such appeal shall be filed in writing by
Contractor in accordance with the procedures as listed under
Title 22 CCR Section 51015, and shall be limited only to those
appeals specified in the State APPEAL PROCESSES document, as
- 14 -
received by Contractor under Paragraph 2, DESCRIPTION OF
SERVICES, Subparagraph A, of this Agreement.
03/13/02ADCD1535.LVBADCD1318.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
SCHEDULE C
PERINATAL OUTPATIENT DRUG FREE SERVICES(FEDERAL DRUG/MEDI-CAL)
Period of Period of(11/02/00- (07/01/01- 06/30/01) 06/30/02)
1. Drug/Medi-Cal Provider Number ......... 6756 6756
2. Projected Units of Service:
A. Individual Sessions................ N/A 60
B. Group Sessions..................... N/A 46
3. Maximum Combined Allocation............ $ 0 26,766
4. Projected Revenues..................... $ 0 0
5. Projected Total Gross Program Cost .... $ 0 26,766 (Item 3 plus Item 4)
6. Provisional Rate Per Individual Session.................... $ 0 98.33
7. Provisional Rate Per Client in a Group Session......................... $ 0 45.36
03/13/02ADCD1535.LVBADCD1318.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
EXHIBIT D
PERINATAL DAY CARE HABILITATIVE SERVICES(FEDERAL DRUG MEDI-CAL)
1. DEFINITION: Perinatal day care habilitative services
(hereafter "Day Care Habilitative Services") are non-residential
programs which provide treatment and recovery services to
pregnant and postpartum women (including, but not limited to,
homeless pregnant and postpartum women) who use alcohol and/or
other drugs, and their children. The primary purpose of these
services is to provide a planned program in a social setting
structured to maximize recovery and rehabilitation of clients.
These programs are used to provide services, more intensive than
a visit but less extensive than twenty-four (24) hour residential
services, in a clean, alcohol and drug free, sober environment.
Program clients shall participate at least three (3) hours per
day, three (3) times per week and return to their own residences
at night. The program services shall be available a minimum of
six (6) hours per day, six (6) days per week.
Based upon the continuing needs of clients, duration of any
individual's treatment hereunder shall not exceed one (1) year
without prior written approval of Director.
- 2 -
For purposes of this Exhibit, "homeless" persons are defined
as those individuals with an alcohol and/or other drug problem
who lack shelter and the financial resources to acquire shelter,
and whose regular nighttime dwelling is in the streets, parks,
subways, bus terminals, railroad stations, airports, and other
similar locations.
2. PERSONS TO BE SERVED: Day care habilitative services
shall be furnished to pregnant and postpartum women who are Medi-
Cal eligible beneficiaries meeting certain admission criteria as
defined in Title 22 California Code of Regulations ("CCR")
Section 51303. Priority admission to the program shall be given,
as delineated in the Perinatal Services Network Guidelines, in
the following order: (a) pregnant injecting drug users and (b)
pregnant women using alcohol and/or other drugs. Contractor
shall provide covered services to Medi-Cal beneficiaries without
regard to the beneficiaries' county of residence.
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where day care
habilitative services are to be provided, and the days and hours
of operation, or when services are to be provided herein, are as
follows:
Facility 1 is located at 4045-4049 A-D, Wilshire Boulevard,
Los Angeles, California 90010. Contractor's facility telephone
number is (213) 365-1704 and facsimile/FAX number is
- 3 -
(213) 365-1546. Contractor's facility days and hours of
operation are Monday through Saturday, 900 a.m. to 5:00 p.m.
Facility 2 is located at
. Contractor's facility telephone number
is ( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
or facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
4. MAXIMUM ALLOCATION:
A. During the period of November 2, 2000 through
June 30, 2001, that portion of the maximum obligation of
County which is allocated under this Exhibit for day care
habilitative services is Zero Dollars ($0). This sum
represents the Combined Maximum State General Fund and
Federal Drug/Medi-Cal Allocations minus allowable County
administrative costs.
B. During the period of July 1, 2001 through
June 30, 2002, that portion of the maximum obligation of
- 4 -
County which is allocated under this Exhibit for day care
habilitative services is Nineteen Thousand, Eight Hundred
Thirty Dollars ($19,830). This sum represents the Combined
Maximum State General Fund and Federal Drug/Medi-Cal
Allocations minus allowable County administrative costs.
C. Federal Drug/Medi-Cal funds shall be used to
reimburse Contractor for services rendered to clients who
are covered by a federally connected perinatal treatment
expansion program. These funds shall be reimbursable
hereunder only to the extent Contractor serves individuals
eligible to receive Federal Drug/Medi-Cal benefits during
the term of this Agreement.
D. Contractor understands and acknowledges that County
has determined to the best of its ability, based on figures
and information provided by Contractor, the service numbers
(i.e., number of clients to be served and the number of
visits allowed per client) and maximum allocation dollar
amount(s) used in this Agreement. Contractor further
understands and acknowledges that he/she may be required to
continue to provide such services to County clients which
exceed the service numbers and maximum allocation dollar
amount(s) as listed in this Agreement, if such service
numbers and maximum allocation dollar amount(s) were
underestimated by County. If Contractor provides services
beyond the service number and maximum allocation dollar
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amounts as listed in this Agreement, Contractor shall inform
the ADPA in writing immediately. County is only responsible
for reimbursing Contractor up to, but not exceeding, the
maximum allocation(s) as listed herein; however, County
shall make every effort to obtain additional funds from
SDADP and other governmental funding sources, if available,
to increase Contractor's maximum allocation, by an
amendmentto this Agreement, in order to reimburse Contractor
for any additional services provided. Contractor shall
allow the ADPA a period of not less than thirty (30) days,
after being notified in accordance with the above
procedures, to procure funds from the SDADP and other
governmental funding sources, if available, for Contractor.
Any increase in Contractor's maximum allocation shall be
limited to the availability of State General Funds furnished
County for that purpose. If these funds are not available
from SDADP through County, Contractor shall seek
reimbursement directly from the SDADP for such funds and not
from County. In requesting reimbursement funds directly
from the SDADP, Contractor shall follow the procedures as
described under Title 22 CCR Section 51015. County shall
not be liable for any reimbursement funds due Contractor,
for services provided, which exceed the service numbers and
the maximum allocation dollar amounts listed in this
Agreement and the Exhibit(s) hereto, if additional funds to
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pay for such service numbers are not available and/or
forthcoming to County from the SDADP.
Any increases to the maximum allocation under this
provision is further subject to the PAYMENT and FUNDING/
SERVICES ADJUSTMENTS AND REALLOCATIONS paragraph provisions
of this Agreement.
E. Other financial information for this Exhibit is
contained in the Schedule(s), attached hereto and
incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, at the
daily rate (provisional service rate per day care habilitative
services visit) as set forth in the Schedule(s) referred to
above, and attached hereto. For purposes of this Agreement, the
definition of "day care habilitative services visit" is a face-
to-face visit to receive services for at least three (3) hours on
a calendar day. Contractor must meet all requirements delineated
in the Perinatal Services Network Guidelines; however, Contractor
shall only be reimbursed for those allowable costs identified in
Title 22 CCR Section 51341.1.
Contractor's provisional rate shall be based on whichever
reimbursement rate, i.e., customary charge, allowable costs, or
maximum allowance/rate cap, is determined by the ADPA to be the
lowest possible charge to County for Contractor's services, in
accordance with Title 22 CCR Section 51516. Contractor's lowest
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possible charge shall be further adjusted to include deductions
for allowable (as defined by the SDADP) County administrative
costs, the difference of which shall be defined as Contractor's
provisional rate, and as set forth in the Schedule attached
hereto.
Provisional rate payments and any other required payments to
Contractor for services provided herein, shall be subject to the
provisions set forth in the PAYMENT Paragraph of this Agreement.
6. PROGRAM EVALUATION: Contractor shall have a statement on
the overall program goals and objectives that will be achieved by
Contractor in the provision of services in accordance with the
terms of this Agreement. (Note: If Contractor’s program services
are directed towards individual participants, Contractor shall
also have an additional goals and objectives statement that
describes the specific effects on a participant’s behavior and
health status that Contractor’s services are expected to produce
in a stated percentage of the participant population to be
served.) Each goal and objective shall include a timetable and a
completion date, which shall not exceed the term of this
Agreement. Program goals and objectives shall be submitted by
Contractor within thirty (30) days following the execution of
this Agreement for approval by Director.
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
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program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and clients; completing
questionnaires; observation of staff in-service training and
staff delivery of services to clients; abstraction of information
from client records; an expansion of the Los Angeles County
Participant Reporting System for both intake and discharge
information reported on clients; the reporting of services
received by selected clients; and other activities to meet
established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and client confidentiality
assurances and will be conducted under applicable Federal and
state law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
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County with additional oversight by a County-appointed advisory
group.
7. CLIENT RECORDS: Client records shall include intake
information consisting of personal, family, educational, drug
(including alcohol) use, criminal (if any) and medical history;
client identification data; diagnostic studies, if appropriate; a
service/treatment plan which includes short and long term goals
generated by Contractor's staff and client; assignment of a
primary counselor/case worker; description of type and frequency
of services including support services to be provided; an
individual narrative summary of client interviews and any other
intake information determined by the County as necessary for
program evaluation purposes; and a discharge/transfer summary and
any other discharge information determined by the County as
necessary for program evaluation purposes.
8. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacist, registered
nurse, licensed psychiatric technician or licensed vocational
nurse, in accordance with Federal and State law and related
regulations.
9. SPECIFIC SERVICES TO BE PROVIDED: Contractor shall
provide day care habilitative services in accordance with
procedures formulated and adopted by Contractor's staff, and
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approved by Director. Specific services to be provided hereunder
are as follows:
A. Client intake, assessment, and diagnosis including
documentation of admission requirements and psychological
and medical histories.
B. Casework services inclusive of individual
counseling, group counseling and crisis intervention, with
the involvement of the family where clinically appropriate
in the implementation of the treatment plan.
C. Involvement of "significant others" in the treatment
process when appropriate.
D. Coordination with other agencies, including criminal
justice agencies involved with drug abuse programs.
E. Direct or referral services to clients, and
documentation of such services or referrals and referral
follow-up to other agencies for medical, social,
psychological, vocational, educational, legal, health
education, or other services deemed appropriate for
contributing to client's rehabilitation. Services provided
through referral shall not be a charge to nor reimbursable
hereunder.
F. Community awareness, education and involvement
activities, including public information and drop-in space.
G. Peer support and discussion groups.
H. Social and recreational activities.
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I. On-site child care for children from birth to
thirty-six (36) months of age, and on-site provision or
arrangements through referral for child care for children
thirty-seven (37) months to twelve (12) years of age.
Contractor's on-site child care operations and/or child care
operations provided by referral shall comply with any and
all required laws and regulations regarding child care.
J. Provision of or arrangement for transportation to
and from treatment, primary medical care, and ancillary
services for women who do not have their own transportation.
K. Education on the impact of alcohol and drug
consumption during pregnancy and breast feeding.
L. Parenting skills, training and education on child
development.
M. Coordination for obstetrical, gynecological,
pediatric, social service and other community services.
N. Provision of or arrangement for primary medical,
prenatal, and pediatric care.
O. Information and education on tuberculosis ("TB") and
access to TB screening and services, in accordance with
Title 45 Code of Federal Regulation ("CFR") Section
96.127(a)(1).
P. Provision of or referral to interim services for
pregnant women who request services and cannot be admitted
to a program no later than forty-eight (48) hours after the
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women seek services, in accordance with Title 45 CFR
96.131(d)(2).
Q. Exit planning to ensure program clients have
support in recovery, including transition to community
services and sober housing.
R. Outreach to pregnant, postpartum, and parenting
women who use alcohol and/or drugs and who would not
otherwise know about these services.
S. Follow-up on former clients in accordance with
Contractor's written policies and procedures.
T. Provision, as needed, for the referral of homeless
clients to appropriate residential detoxification and
residential drug free programs, and to social services and
mental health programs for other services.
U. Body fluids testing (urinalysis) which, if performed
by Contractor hereunder, shall require each client's
emission of the urine collected be observed by an employee
of Contractor to protect against the falsification and/or
contamination of the urine sample.
V. Development of procedures necessary to refer
clients, when Contractor has no unused capacity, to day care
habilitative services programs that do. Contractor shall
document their efforts to refer clients to other agencies if
Contractor is unable to provide immediate services, and to
notify the County's ADPA Drug/Medi-Cal unit, by telephone,
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of agency's inability to refer a Drug/Medi-Cal beneficiary
before placing any client on a waiting list.
10. PROGRAM TREATMENT CAPACITY:
A. The total number of full time equivalent (FTE)
positions dedicated to perform direct service hours during
the Agreement term is .18 .
B. Contractor shall serve 10 program clients for each
dedicated FTE position(s) during the Agreement term (minimum
number is 10).
C. The projected minimum number of clients served
during the Agreement term is 1.8 (Item A x Item B).
D. The average program attendance by each client is
projected to be 3 days per week during the Agreement term.
E. The projected program treatment capacity for program
clients during the Agreement term is N/A /280 (Item C x
Item D x 52).
F. The projected utilization rate of the total
treatment capacity for program clients during the term of
the Agreement is 100% .
G. Contractor shall provide a minimum of N/A /280
service units during the Agreement term (Item E x Item F).
11. STATE APPEAL PROCESSES: Contractor is allowed by the
State to appeal SDADP dispositions and other specific judgements,
that apply to Contractor's provision of services under this
Agreement. Any such appeal shall be filed in writing by
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Contractor in accordance with the procedures as listed under
Title 22 CCR Section 51015, and shall be limited only to those
appeals specified in the State APPEAL PROCESSES document, as
received by Contractor under Paragraph 2, DESCRIPTION OF
SERVICES, Subparagraph A, of this Agreement.
03/13/02ADCD1536.LVBADCD1317.GH 10/11/01
(Cost/R/PR)
HEALTH, EDUCATION, & LEADERSHIP FOR PEOPLE INC.
SCHEDULE D
PERINATAL DAY CARE HABILITATIVE SERVICES(FEDERAL DRUG/MEDI-CAL)
Period of Period of(11/02/00- (07/01/01- 06/30/01) 06/30/02)
1. Drug/Medi-Cal Provider Number ......... 7011 7011
2. Units of Service....................... N/A 280 (Day Care Habilitative Services Visit)
3. Maximum Combined Allocation............ $ 0 $ 19,830
4. Projected Revenues..................... $ 0 $ 0
5. Projected Total Gross Program Cost..... $ 0 $ 19,830 (Item 3 plus Item 4)
6. Provisional Rate Per Day Care Habilitative Services Visit........... $ 0 $ 63.56 (Item 3 divided by Item 2)
03/13/02ADCD1536.LVBADCD1317.GH 10/11/01
Contract No.
ALCOHOL AND DRUG SERVICES AGREEMENT(Proposition 36)
THIS AGREEMENT is made and entered into this ___________ day
of _____________________, 2002,
by and between COUNTY OF LOS ANGELES (hereafter"County"),
and THE PAJO CORPORATION (hereafter"Contractor").
WHEREAS, this Agreement is contemplated and authorized by
Division 10.5 of the Health and Safety Code commencing with
Sections 11750 et seq., 11758.10 et seq., and 11758.20 et seq.;
Title 9 of the California Code of Regulations ("CCR"), Division
4; Government Code Section 26227; and, to the extent this
Agreement is funded by Federal Block Grant funds, also by Health
and Safety Code Sections 11754 and 11775, and by Government Code
Section 53703; and
WHEREAS, to the extent this Agreement is funded by the
Substance Abuse Treatment Trust Fund, also by Division 10.8 of
the Health and Safety Code Sections 11999.4 through 11999.13;
Title 9 of the California Code of Regulations ("CCR"), Sections
9530, 9532, 9533, 9535, 9540, and 9545; and
WHEREAS, to the extent this Agreement is funded by General
Relief ("GR") funds, also by Welfare and Institutions Code
Sections 17000 and 17001.5; and
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WHEREAS, to the extent this Agreement is funded by Statham
funds, also by Penal Code Section 1463.16; and
WHEREAS, the terms "ADPA" and "SDADP", as used in this
Agreement, refer to County's Alcohol and Drug Program
Administration and the State Department of Alcohol and Drug
Programs, respectively; and
WHEREAS, the term "Proposition 36", as used in this
Agreement, refers to the Substance Abuse and Crime Prevention Act
of 2000; and
WHEREAS, the terms "alcohol services" and "drug abuse
services" have been combined under this Agreement and are now
collectively referred to as "alcohol and drug services"; and
WHEREAS, throughout this Agreement, the term "participant"
shall be used interchangeably with the terms "client", "patient",
and "resident" unless otherwise noted; and
WHEREAS, throughout this Agreement, the term "Exhibits"
refers to Exhibit(s) A and B, and the term "Schedules" refers to
Schedule(s) A and B,(and when applied, the term "Budgets" refers
to Budget[s] A and B), inclusively, unless otherwise noted; and
WHEREAS, the term "Director", as used in this Agreement,
refers to County's Director of Health Services (i.e., Director of
the Department of Health Services), or his/her authorized
designee; and
- 3 -
WHEREAS, the term "fiscal year", as used in this Agreement,
refers to County's fiscal year which commences July 1 and ends
the following June 30.
NOW, THEREFORE, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be effective
upon date of Board approval by County’s Board of Supervisors and
shall continue in full force and effect to and including June 30,
2006.
In any event, this Agreement may be canceled or terminated
at any time by either party, with or without cause, upon the
giving of at least thirty (30) calendar days advance written
notice to the other. Further, County may also suspend the
performance of services hereunder, in whole or in part, upon the
giving of at least a thirty (30) calendar days advance written
notice to Contractor. County's notice shall set forth the extent
of the suspension and the requirements for full restoration of
the performance obligations.
County may also terminate this Agreement immediately upon
the occurrence of any of the following events: (1) Federal
and/or State funds are not available for this Agreement or for
any portion hereof; (2) to the extent funding for this Agreement
is contingent on the review and recommendation for approval by
the Local Lead Agency, such as ADPA, or any local agency
designated by the ADPA to administer such review and
- 4 -
recommendation, or by SDADP and such review or approval is not
given; (3) to the extent that Contractor is approved to provide
narcotic treatment program services, and the approval granted
Contractor by either Food and Drug Administration ("FDA"), Drug
Enforcement Administration ("DEA"), SDADP, or all to serve as a
narcotic treatment program service provider is withdrawn; (4)
Contractor fails to initiate delivery of services within thirty
(30) calendar days of the commencement date of this Agreement;
and/or (5) Contractor fails to obtain and maintain in effect all
licenses, permits and/or certifications, as required by all
Federal, State, and local laws, ordinances, regulations, and
directives, which are applicable to Contractor's facility(ies)
and services under this Agreement. Notice of such termination,
as described above, shall be given to Contractor in writing.
Notwithstanding any other provision of this Paragraph, the
failure of Contractor or its officers, employees, agents, or
subcontractors, to comply with any of the terms of this Agreement
or any written directions by or on behalf of County issued
pursuant hereto shall constitute a material breach hereto, and
this Agreement may be terminated by County immediately. County's
failure to exercise this right of termination shall not
constitute a waiver of such right, which may be exercised at any
subsequent time.
- 5 -
In the event of any termination or suspension of this
Agreement, Contractor shall:
A. Make immediate and appropriate plans to transfer or
refer all participants served under this Agreement to other
agencies for continuing service in accordance with the
participant's needs. Such plans shall be approved by
Director, before any transfer or referral is completed,
except in those instances, as determined by Contractor,
where an immediate participant transfer or referral is
indicated. In such instances, Contractor may make an
immediate transfer or referral to the nearest provider of
alcohol or drug services.
B. Immediately eliminate all new costs and expenses
under this Agreement. New costs and expenses include, but
are not limited to, those associated with new participant
admissions. In addition, Contractor shall immediately
minimize all other costs and expenses under this Agreement.
Contractor shall be reimbursed only for reasonable and
necessary costs or expenses incurred after receipt of notice
of termination.
C. Promptly report to County in writing all information
necessary for the reimbursement of any outstanding claims
and continuing costs.
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D. Provide to County's Department of Health Services
("DHS"), Financial Services Division, within forty-five (45)
calendar days after such termination date, an annual cost
report, as set forth in the ANNUAL COST REPORT Paragraph of
the ADDITIONAL PROVISIONS, attached hereto.
2. DESCRIPTION OF SERVICES:
A. Contractor shall provide services in the form as
described in the body of this Agreement and in the following
documents, which are attached hereto and incorporated herein
by reference:
(1) Exhibit A - Outpatient Narcotic TreatmentMaintenance Services (Proposition36)
(2) Exhibit B - Outpatient Narcotic TreatmentProgram Detoxification Services(Proposition 36)
(3) ADDITIONAL PROVISIONS - DEPARTMENT OF HEALTHSERVICES - ALCOHOL AND DRUG PROGRAMADMINISTRATION - ALCOHOL AND DRUG SERVICESAGREEMENT - July 1, 2001
(4) County of Los Angeles, Department of HealthServices, Alcohol and Drug ProgramAdministration, Proposition 36, Substance Abuseand Crime Act of 2001, Service Provider Manual,Version 1.0, June 2001.
Contractor hereby acknowledges receipt of the above
referenced documents numbers (1) through (4) attached
hereto. In addition, Contractor further acknowledges
receipt of any applicable Schedule(s), Budget(s), and/or
Statement of Work forms (which further defines the rates and
- 7 -
services to be provided by Contractor herein), as referenced
and attached to the above listed Exhibit(s).
B. The quality of service(s) provided under this
Agreement shall be at least equivalent to the same services
which Contractor provides to all other participants it
serves.
3. NONEXCLUSIVITY: Contractor acknowledges that it is not
the exclusive provider to County of alcohol and drug services to
be provided under this Agreement, that County has, or intends to
enter into, contracts with other providers of such services, and
that County reserves the right to perform the services with its
own County personnel. During the term of this Agreement,
Contractor agrees to provide County with the services described
in the Agreement.
4. MAXIMUM OBLIGATION OF COUNTY:
A. During the period of “effective date” through June
30, 2002, the maximum obligation of County for all services
provided under this Agreement is Twenty-Two Thousand Dollars
($22,000). This sum represents the total maximum obligation
of County as shown in the Exhibit(s) A and B, attached
hereto.
B. During the period July 1, 2002 through June 30,
2003, the maximum obligation of County for all services
provided under this Agreement is Fifty-Three Thousand
- 8 -
Dollars ($53,000). This sum represents the total maximum
obligation of County as shown in the Exhibit(s) A and B
attached hereto.
C. During the period July 1, 2003 through June 30,
2004, the maximum obligation of County for all services
provided under this Agreement is Fifty-Three Thousand
Dollars ($53,000). This sum represents the total maximum
obligation of County as shown in the Exhibit(s) A and B
attached hereto.
D. During the period July 1, 2004 through June 30,
2005, the maximum obligation of County for all services
provided under this Agreement is Fifty-Three Thousand
Dollars ($53,000). This sum represents the total maximum
obligation of County as shown in the Exhibit(s) A and B
attached hereto.
E. During the period July 1, 2005 through June 30,
2006, the maximum obligation of County for all services
provided under this Agreement is Fifty-Three Thousand
Dollars ($53,000). This sum represents the total maximum
obligation of County as shown in the Exhibit(s) A and B
attached hereto.
F. If, at any time during the term of this Agreement or
at any time after the expiration or termination of this
Agreement, authorized representatives of Federal, State, or
- 9 -
County governments conduct an audit of Contractor regarding
the services provided to County hereunder and if such audit
finds that County's dollar liability for such services is
less than payments made by County to Contractor, then
Contractor agrees that the difference shall be either: (1)
repaid forthwith by Contractor to County by cash payment or
(2) at Director's option, credited against any amounts due
by County to Contractor whether under this Agreement or any
other agreement, or contract, covered under ADPA control.
If such audit finds that County's dollar liability for
services provided hereunder is more than payments made by
County to Contractor, then the difference shall be paid to
Contractor by County by cash payment, provided that in no
event shall the maximum obligation of County for this
Agreement, as set forth in this Paragraph be exceeded.
5. COMPENSATION: County agrees to compensate Contractor
for performing alcohol and drug services hereunder, as set forth
in the PAYMENT Paragraph of the ADDITIONAL PROVISIONS, the
REIMBURSEMENT Paragraph of the Exhibit(s), and in the Schedule(s)
(any applicable Budget[s] thereto), all attached hereto and
incorporated by reference.
6. NON-APPROPRIATION OF FUNDS CONDITION: Notwithstanding
any other provision of this Agreement, County shall not be
obligated by any provision of this Agreement during any of
- 10 -
County's fiscal years unless funds to cover County's costs
hereunder are appropriated by County's Board of Supervisors. In
the event that funds are not appropriated for this Agreement,
then this Agreement shall be deemed to have terminated on June
30th of the prior fiscal year. County shall notify Contractor in
writing of such non-appropriation of funds at the earliest
possible date.
7. INDEMNIFICATION: Contractor shall indemnify, defend,
and hold harmless County and its Special Districts, elected and
appointed officers, employees, and agents from and against any
and all liability, including but not limited to demands, claims,
actions, fees, costs, and expenses (including attorney and expert
witness fees), arising from or connected with Contractor’s acts
and/or omissions arising from and/or relating to this Agreement.
8. GENERAL INSURANCE REQUIREMENTS: Without limiting
Contractor's indemnification of County and during the term of
this Agreement, Contractor shall provide and maintain, and shall
require all of its subcontractors to maintain, the following
programs of insurance specified in this Agreement. Such
insurance shall be primary to and not contributing with any other
insurance or self-insurance programs maintained by County, and
such coverage shall be provided and maintained at Contractor’s
own expense.
- 11 -
A. Evidence of Insurance: Certificate(s) or other
evidence of coverage satisfactory to County shall be
delivered to County's Department of Health Services,
Contracts and Grants Division, 313 North Figueroa Street,
Sixth Floor-East, Los Angeles, California 90012, prior to
commencing services under this Agreement. Such certificates
or other evidence shall:
(1) Specifically identify this Agreement.
(2) Clearly evidence all coverages required in this
Agreement.
(3) Contain the express condition that County is to
be given written notice by mail at least thirty (30)
calendar days in advance of cancellation for all
policies evidenced on the certificate of insurance.
(4) Include copies of the additional insured
endorsement to the commercial general liability policy,
adding County of Los Angeles, its Special Districts, its
officials, officers, and employees as insureds for all
activities arising from this Agreement.
(5) Identify any deductibles or self-insured
retentions for County’s approval. County retains the
right to require Contractor to reduce or eliminate such
deductibles or self-insured retentions as they apply to
County, or, require Contractor to provide a bond
- 12 -
guaranteeing payment of all such retained losses and
related costs, including, but not limited to, expenses
or fees, or both, related to investigations, claims
administrations, and legal defense. Such bond shall be
executed by a corporate surety licensed to transact
business in the State of California.
B. Insurer Financial Ratings: Insurance is to be
provided by an insurance company acceptable to County with
an A.M. Best rating of not less than A:VII, unless otherwise
approved by County.
C. Failure to Maintain Coverage: Failure by Contractor
to maintain the required insurance, or to provide evidence
of insurance coverage acceptable to County, shall constitute
a material breach of contract upon which County may
immediately terminate or suspend this Agreement. County, at
its sole option, may obtain damages from Contractor
resulting from said breach. Alternatively, County may
purchase such required insurance coverage, and without
further notice to Contractor, County may deduct from sums
due to Contractor any premium costs advanced by County for
such insurance.
D. Notification of Incidents, Claims, or Suits:
Contractor shall report to County:
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(1) Any accident or incident relating to services
performed under this Agreement which involves injury or
property damage which may result in the filing of a
claim or lawsuit against Contractor and/or County. Such
report shall be made in writing within twenty-four (24)
hours of occurrence.
(2) Any third party claim or lawsuit filed against
Contractor arising from or related to services performed
by Contractor under this Agreement.
(3) Any injury to a Contractor employee which
occurs on County property. This report shall be
submitted on a County "Non-Employee Injury Report" to
County contract manager.
(4) Any loss, disappearance, destruction, misuse,
or theft of any kind whatsoever of County property,
monies, or securities entrusted to Contractor under the
terms of this Agreement.
E. Compensation for County Costs: In the event that
Contractor fails to comply with any of the indemnification
or insurance requirements of this Agreement, and such
failure to comply results in any costs to County, Contractor
shall pay full compensation for all costs incurred by
County.
- 14 -
F. Insurance Coverage Requirements for Subcontractors:
Contractor shall ensure any and all subcontractors
performing services under this Agreement meet the insurance
requirements of this Agreement by either:
(1) Contractor providing evidence of insurance
covering the activities of subcontractors, or
(2) Contractor providing evidence submitted by
subcontractors evidencing that subcontractors maintain
the required insurance coverage. County retains the
right to obtain copies of evidence of subcontractor
insurance coverage at any time.
9. INSURANCE COVERAGE REQUIREMENTS:
A. General Liability Insurance (written on ISO policy
form CG 00 01 or its equivalent) with limits of not less
than the following:
General Aggregate: $2 Million
Products/Completed OperationsAggregate: $1 Million
Personal and AdvertisingInjury: $1 Million
Each Occurrence: $1 Million
B. Automobile Liability Insurance (written on ISO
policy form CA 00 01 or its equivalent) with a limit of
liability of not less than $1 Million for each accident.
Such insurance shall include coverage for all "owned",
- 15 -
"hired" and "non-owned" vehicles, or coverage for "any
auto".
C. Workers Compensation and Employers’ Liability:
Insurance providing workers compensation benefits, as
required by the Labor Code of the State of California or by
any other state, and for which Contractor is responsible.
In all cases, the above insurance also shall include
Employers’ Liability coverage with limits of not less than
the following:
Each Accident: $1 Million
Disease - Policy Limit: $1 Million
Disease - Each Employee: $1 Million
D. Professional Liability: Insurance covering
liability arising from any error, omission, negligent or
wrongful act of Contractor, its officers or employees with
limits of not less than $1 Million per occurrence and $3
Million aggregate. The coverage also shall provide an
extended two-year reporting period commencing upon
expiration or earlier termination or cancellation of this
Agreement.
10. PROHIBITION AGAINST ASSIGNMENT AND DELEGATION:
A. Contractor shall not assign its rights or delegate
its duties under this Agreement, or both, whether in whole
or in part, without the prior written consent of County.
- 16 -
Any assignment or delegation which does not have such prior
County consent shall be null and void. For purposes of this
Paragraph, such County consent shall require a written
amendment to this Agreement which is formally approved and
executed by the parties. Any billings to County by any
delegatee or assignee on any claim under this Agreement,
absent such County consent, shall not be paid by County.
Any payments by County to any delegatee or assignee on any
claim under this Agreement, in consequence of any such
County consent, shall reduce dollar for dollar any claims
which Contractor may have against County and shall be
subject to set-off, recoupment, or other reduction for any
claims which County may have against Contractor, whether
under this Agreement or otherwise.
B. Shareholders or partners, or both, of Contractor may
sell, exchange, assign or divest, or otherwise transfer any
interest they may have therein. However, in the event any
such sale, exchange, assignment, divestment, or other
transfer is effected in such a way as to give majority
control of Contractor to any person(s), corporation,
partnership, or legal entity other than the majority
controlling interest therein at the time of execution of
this Agreement, then prior written consent thereof by
County’s Board of Supervisors shall be required. Any
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payments by County to Contractor on any claim under this
Agreement shall not waive or constitute such County consent.
Consent to any such sale, exchange, assignment, divestment,
or other transfer shall be refused only if County, in its
sole judgement, determines that the transferee(s) is (are)
lacking in experience, capability, or financial ability to
perform all Agreement services and other work. This in no
way limits County's right found elsewhere in this Agreement,
including, but not limited to, any right to terminate this
Agreement.
11. SUBCONTRACTING:
A. For purposes of this Agreement, subcontracts shall
be approved by Director or his/her authorized designee(s).
Contractor’s request to Director for approval of a
subcontract shall include:
(1) Identification of the proposed subcontractor
and an explanation of why and how the proposed
subcontractor was selected, including a description of
Contractor’s efforts to obtain competitive bids.
(2) A description of the services to be provided
under the subcontract.
(3) The proposed subcontract amount, together with
Contractor's cost or price analysis thereof.
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(4) A copy of the proposed subcontract. Any later
modification of such subcontract shall take the form of
a formally written subcontract amendment which must be
approved in writing by Director before such amendment
is effective.
B. Subcontracts issued pursuant to this Paragraph shall
be in writing and shall contain at least the intent of all
of the Paragraphs of the body of this Agreement, including
the ADDITIONAL PROVISIONS, and the requirements of the
Exhibits(s) and Schedule(S) attached hereto.
C. At least thirty (30) calendar days prior to the
subcontract’s proposed effective date, Contractor shall
submit for review and approval to Director, a copy of the
proposed subcontract instrument. With the Director’s
written approval of the subcontract instrument, the
subcontract may proceed.
D. Subcontracts shall be made in the name of Contractor
and shall not bind nor purport to bind County. The making
of subcontracts hereunder shall not relieve Contractor of
any requirement under this Agreement, including, but not
limited to, the duty to properly supervise and coordinate
the work of subcontractors. Approval of the provisions of
any subcontract by Director shall also not be construed to
constitute a determination of the allowability of any cost
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under this Agreement. In no event shall approval of any
subcontract by Director be construed as effecting any
increase in the amount contained in MAXIMUM OBLIGATION OF
COUNTY Paragraph.
12. COMPLIANCE WITH APPLICABLE LAW:
A. Contractor shall comply with all Federal, State, and
local laws, ordinances, regulations, rules, guidelines, and
directives, applicable to its performance hereunder, as they
are now enacted or may hereafter be amended. To the extent
there is any conflict between Federal and State or local
laws, the former shall prevail.
In addition, in the performance of this Agreement,
Contractor shall specifically comply with the requirements
of Health and Safety Code, Division 10.5, Parts 1 and 3,
commencing with Section 11750 et seq.; Titles 9 and 22 of
the CCR; SDADP Drug Program and Drug Program/Medi-Cal
policies as identified in policy letters and the Department
of Health Services Substance Abuse Program Contract
Financial Handbook; written procedures as may be provided to
Contractor by ADPA; as well as all other applicable Federal,
State, and local laws, regulations, guidelines, and
directives.
Further, narcotic treatment program services providers
shall also specifically comply with all applicable
- 20 -
provisions of Health and Safety Code Division 10, Chapter 5,
Article 2 (Treatment of Addicts for Addiction) [Sections
11215, et seq.]; Title 9 CCR Chapter 4, Subchapter 4
(Narcotic Treatment Programs) [Sections 1000, et seq.]; Drug
Abuse Prevention Treatment, and Rehabilitation Act of 1972
(21 U.S.C. Sections 1101, et seq.) and Federal regulations
pertaining thereto; regulations of the Food and Drug
Administration ("FDA"), including Title 21 CFR Section
291.505, and the Drug Enforcement Administration ("DEA"); as
well as all other applicable Federal, State, and local laws,
regulations, guidelines, and directives. To the extent
there is any conflict between Federal and State or local
law, the former shall prevail.
Any reference to a specific statute, regulation, or any
other document not prepared by County is deemed to include a
reference to any amendment thereto as of the effective date
of such amendment; further, this Agreement shall be
interpreted and the parties' duties and obligations under
this Agreement shall be consistent with any amendment to any
applicable statute, regulation or other document not
prepared by County which occurs after the effective date of
the Agreement.
B. Contractor shall indemnify and hold harmless County
from and against any and all loss, damage, liability, or
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expense resulting from any violation on the part of
Contractor, its officers, employees, or agents, of such
Federal, State, or local laws, ordinances, regulations,
rules, guidelines, or directives.
13. ADDITIONAL PROVISIONS: Attached hereto and
incorporated herein by reference, is a document labeled
"Additional Provisions". The terms and conditions therein
contained are part of this Agreement.
14. CONSTRUCTION: To the extent there are any rights,
duties, obligations, or responsibilities enumerated in the
recitals or otherwise in this Agreement, they shall be deemed a
part of the operative provisions of this Agreement and are fully
binding upon the parties.
15. CONFLICT OF TERMS: To the extent that there exists any
conflict or inconsistency between the language of this Agreement
body and its Additional Provisions, and that of any of the
Exhibit(s), Schedule(s), and any other documents incorporated
herein by reference (e.g., Budget[s] and/or Statement of Work
forms), the language in this Agreement and its Additional
Provisions, shall govern and prevail.
16. ALTERATION OF TERMS: This Agreement, together with the
Additional Provisions, Exhibit(s), Schedule(s), and any Budget(s)
and/or Statement of Work forms, attached hereto, fully expresses
all understandings of the parties concerning all matters covered
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and shall constitute the total Agreement. No addition to, or
alteration of, the terms of this Agreement, whether by written or
verbal understanding of the parties, their officers, agents or
employees, shall be valid and effective unless made in the form
of a written amendment to this Agreement which is formally
approved and executed by the parties in the same manner as this
Agreement.
17. CONTRACTOR'S OFFICE: Contractor's primary business
office is located at 2080 Century Park East, Suite 1802, Century
City, California 90067. Contractor's primary business telephone
number is (310) 553-9500 and facsimile/FAX number is (310) 553-
7247. Contractor shall notify County, in writing, of any changes
made to Contractor's primary business address, business telephone
number and/or facsimile/FAX number as listed herein, or any other
business address, business telephone number and/or facsimile/FAX
number used in the provision of services herein, at least ten
(10) calendar days prior to the effective date(s) thereof.
18. NOTICES: Notices hereunder shall be in writing and may
either be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, attention to the
parties at the addresses listed below. Director is authorized to
execute all notices or demands which are required or permitted by
County under this Agreement. Addresses and parties to be
- 23 -
notified may be changed by providing at least ten (10) working
calendar days prior written notice to the other party.
A. Notices to County shall be addressed as follows:
(1) Department of Health ServicesContracts and Grants Division313 North Figueroa Street, Sixth Floor-EastLos Angeles, California 90012-2659
Attention: Division Chief
(2) Department of Health ServicesAlcohol and Drug Program Administration1000 South Fremont AvenueBuilding A-9 East, Third FloorAlhambra, California 91803
Attention: Director
B. Notices to Contractor shall be addressed as follows:
(1) The Pajo Corporation 2080 Century Park East, Suite 1802Century City, California 90067
Attention: Carolyn Perry, P.A. Executive Director
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IN WITNESS WHEREOF, the Board of Supervisors of the County
of Los Angeles has caused this Agreement to be subscribed by its
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Director of Health Services, and Contractor has caused this
Agreement to be subscribed in its behalf by its duly authorized
officer, the day, month, and year first above written.
COUNTY OF LOS ANGELES
By ______________________________Thomas L. Garthwaite, M.D.Director and Chief Medical Officer
THE PAJO CORPORATION Contractor
By Signature
Print Name
Title ___________________________(AFFIX CORPORATE SEAL HERE)
APPROVED AS TO FORMBY THE OFFICE OF THE COUNTY COUNSELLLOYD W. PELLMANCounty Counsel
APPROVED AS TO CONTRACTADMINISTRATION:
Department of Health Services
By Acting Chief, Contracts and Grants Division
11/03/2001ADCD1451.RWADCD0688.LVB 05/14/2001
THE PAJO CORPORATION
EXHIBIT A
OUTPATIENT NARCOTIC TREATMENT MAINTENANCE SERVICES(Proposition 36)
1. DEFINITION: Outpatient narcotic treatment maintenance
services are outpatient drug treatment services which provide
administration of methadone at relatively stable dosage levels
for a period in excess of twenty-one (21) days, as an oral
substitute narcotic drug, accompanied by ancillary social and
medical services, for persons eighteen (18) years or older who
have a history of two (2) or more years of dependence on heroin
or other morphine-like drugs, and two (2) or more failures in
alternative treatment programs.
2. PERSONS TO BE SERVED: Outpatient narcotic treatment
maintenance services shall be furnished to persons residing in
Los Angeles County, who were deemed to be eligible and referred
by a community assessment and service center.
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where outpatient narcotic
treatment maintenance services are to be provided, and the days
and hours of operation, or when services are to be provided
herein, are as follows:
Facility 1 is located at 2080 Century Park East Suite 1802,
Century City, California 90067. Contractor's facility telephone
number is (310) 553-9500 and facsimile/FAX number is
- 2 -
(310) 553-7247. Contractor's facility days and hours of operation
are Monday through Friday, 7:00 a.m. to 2:00 p.m.; Saturday,
Sunday and Holiday, 8:00 a.m. to 10:00 a.m., appointment only.
Facility 2 is located at
. Contractor's facility telephone number
is ( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
4. MAXIMUM ALLOCATION:
A. During the period of “effective date” through June
30, 2002, that portion of the maximum obligation of County
which is allocated under this Exhibit for outpatient
narcotic treatment maintenance services is Thirteen
Thousand, Two Hundred Dollars ($13,200). Other financial
information for this Exhibit is contained in the Schedule(s)
and Budget(s), attached hereto and incorporated herein by
reference.
- 3 -
B. During the period of July 1, 2002, through June 30,
2003, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment maintenance services is Thirty-Two Thousand
Dollars ($32,000). Other financial information for this
Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
C. During the period of July 1, 2003, through June 30,
2004, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment maintenance services is Thirty-Two Thousand
Dollars ($32,000). Other financial information for this
Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
D. During the period of July 1, 2004, through June 30,
2005, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment maintenance services is Thirty-Two Thousand
Dollars ($32,000). Other financial information for this
Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
E. During the period of July 1, 2005, through June 30,
2006, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment maintenance services is Thirty-Two Thousand
- 4 -
Dollars ($32,000). Other financial information for this
Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, as set
forth in the PAYMENT Paragraph of the ADDITIONAL PROVISIONS of
this Agreement and in accordance with the reimbursement dollar
amounts, as set forth in the Schedule(s), referred to above and
attached hereto.
For the period of “effective date” through June 30, 2002,
County agrees to compensate Contractor for services provided to
participants under this Agreement, for actual reimbursable costs
as set forth in the Schedule(s) and Budget(s) referred to above,
and attached hereto, as such costs are reflected in Contractor's
billing statement.
For the period of July 1, 2002 through June 30, 2006, County
agrees to compensate Contractor for services provided to
participants under this Agreement, at the fee-for-service rate
for each slot day or portion thereof, as set forth in the
Schedule(s) referred to above, and attached hereto.
For purposes of this agreement, the definition of "slot day"
is one (1) "face to face" day of service, provided to a client,
by staff licensed to prescribe and administer medication. Such
service shall include evaluation by Contractor's staff of the
side effects and/or results of any medication prescribed and
- 5 -
administered. In addition, a slot day shall also include
services provided by Contractor as specified under Paragraph 9,
SPECIFIC SERVICES TO BE PROVIDED, hereinbelow. County shall keep
Contractor apprised of any changes in the definition or service
duties of "slot day", for which County will compensate Contractor
hereunder. In any event, County shall not reimburse Contractor
for services performed herein, for more than three hundred sixty-
five (365) slot days (or one treatment slot) per individual
client.
6. STATEMENT OF WORK AND EVALUATION OF SERVICES:
Contractor agrees to provide services to County and County
participants as described and as summarized in Contractor’s
"Statement of Work" form, attached hereto and incorporated herein
by reference. Contractor shall be responsible for submitting the
Statement of Work form in writing for Director’s review and
approval before the commencement of any services hereunder.
Contractor shall have a statement on the overall program
goals and objectives that will be achieved by Contractor in the
provision of services in accordance with the terms of this
Agreement. (Note: If Contractor’s program services are directed
towards individual participants, Contractor shall also have an
additional goals and objectives statement that describes the
specific effects on a participant’s behavior and health status
that Contractor’s services are expected to produce in a stated
percentage of the participant population to be served.) Each
- 6 -
goal and objective shall include a timetable and a completion
date, which shall not exceed the term of this Agreement. Program
goals and objectives shall be submitted by Contractor within
thirty (30) days following the execution of this Agreement for
approval by Director.
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and participants; completing
questionnaires; observation of staff in-service training and
staff delivery of services to participants; abstraction of
information from participant records; an expansion of the Los
Angeles County Participant Reporting System for both intake and
discharge information reported on participants; the reporting of
services received by selected participants; and other activities
- 7 -
to meet established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and participant confidentiality
assurances and will be conducted under applicable Federal and
State law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
County with additional oversight by a County-appointed advisory
group.
Contractor will participate in the Los Angeles County
Evaluation and Outcome Reporting Program, as requested by the
County. Contractor participation will include, but not be
limited to, training, data collection and reporting, and the
administration of standardized evaluation and outcome reporting
instruments. Contractor will be reimbursed at its prevailing
rate for staff participation in program activities. Failure of
Contractor to participate in this program as described in this
Paragraph, shall constitute a material breach of contract and
this Agreement may be terminated by County.
7. CLIENT RECORDS: Client records shall include intake
information consisting of personal, family, educational, drug
(including alcohol) use, criminal (if any) and medical history;
client identification data; diagnostic studies, if appropriate; a
service/treatment plan which includes short and long term goals
generated by Contractor's staff and client; assignment of a
- 8 -
primary counselor/case worker; description of type and frequency
of services including support services to be provided; a record
of client interviews and any other intake information determined
by the County as necessary for program evaluation purposes; and a
discharge/transfer summary and any other discharge information
determined by the County as necessary for program evaluation
purposes.
Contractor shall participate and cooperate in any automated
data collection system, for the purpose of program evaluation,
conducted by County. Contractor will be required to provide
County with client data, for the purpose of program evaluation.
8. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacist, registered
nurse, licensed psychiatric technician or licensed vocational
nurse, in accordance with federal and State law and related
regulations.
9. SPECIFIC SERVICES TO BE PROVIDED: In addition to those
services as described above, and under the "Statement of Work"
form (Overall Goals) attached hereto and incorporated herein by
reference below, Contractor shall provide a number of specific
services which shall be provided in accordance with procedures
formulated and adopted by Contractor's staff and approved by
- 9 -
Director. The specific services to be provided by Contractor
hereunder are as follows:
A. Conduct intake and client assessment/diagnosis,
including documentation of admission requirements, and
medical and psychosocial histories.
B. Dispense and administer methadone to clients by
authorized personnel.
C. Casework services inclusive of individual
counseling, group counseling and crisis intervention, with
the involvement of the family where clinically appropriate
in the implementation of the treatment plan.
D. Involve "significant others" in the treatment
process when appropriate.
E. Coordinate the provision of services with other
agencies, including criminal justice agencies involved with
drug abuse programs.
F. Provide direct or referral services to clients, and
documentation of such services or referrals and referral
follow-up to other agencies for medical, social,
psychological, vocational, educational, legal, health
education or other services deemed appropriate for
contributing to clients' rehabilitation. Services provided
through referral shall not be a charge to nor reimbursable
hereunder.
- 10 -
G. Provide services on weekends for the dispensing and
the administering of methadone.
H. Include provision, as needed, for the referral of
homeless clients to appropriate residential detoxification
and residential drug free programs, and to social services
and mental health programs for other services.
I. Conduct body fluids testing (urinalysis) which, if
performed by Contractor hereunder, shall require each
client's emission of the urine collected be observed by an
employee of Contractor to protect against the falsification
and/or contamination of the urine sample.
J. Education on Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome ("HIV/AIDS") transmission and
access to HIV/AIDS testing.
K. Provide information and education on tuberculosis
("TB") and access to TB screening and services, in
accordance with Title 45 CFR Section 96.127(a)(1).
L. Exit planning to ensure clients have support in
recovery, including transition to community services and
sober housing.
M. Aftercare services to include participation in
support groups for a minimum period of six (6) months.
N. Contractor shall follow up with former clients in
accordance with Contractor's written policies and procedures
which shall be approved by Director prior to commencement of
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this Agreement. Contractor shall attempt to contact any
client who has received a minimum of thirty (30) days of
outpatient narcotic treatment maintenance services and who
no longer actively participates in the service program.
O. Contractor shall provide additional specific
services, in accordance with the Treatment Program
Procedures for Proposition 36 participants, as outlined in
Attachment I, attached hereto and incorporated herein by
reference.
10. TREATMENT SLOTS: Contractor agrees to provide the
number of allocated outpatient narcotic treatment maintenance
treatment slots as set forth in the schedule attached hereto. A
treatment slot is defined as the capacity to provide methadone
maintenance services to one (1) individual for a period of two
hundred twenty-four slot days (i.e., days), or one (1) full year.
Contractor agrees, at any given time during the term of this
Agreement, Contractor shall be capable of providing daily
outpatient narcotic treatment maintenance services to the same
number of clients as there are allocated treatment slots.
11. PRODUCTIVITY BASELINE TO ESTABLISH PROJECTED MINIMUM
UNITS OF SERVICE FOR AGREEMENT TERM:
A. The total number of treatment slots licensed by the
State in the facility(ies) identified in this Exhibit is
160 .
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B. The total number of treatment slots to be used by
program clients under this Agreement is 6.0 .
C. The total treatment capacity for program clients
served under this Agreement is 1,344 (Item B x 224).
D. The projected utilization rate of the total
treatment capacity for program clients during the term of
this Agreement is 76.04 %.
E. Contractor shall provide a minimum of 1,023 slot
day units of service during the Agreement term (Item C x
Item D).
12. AUTOMATED PARTICIPANT REPORTING SYSTEM: Contractor
shall participate and cooperate in the implementation of the
automated Los Angeles County Participant Reporting System
(LACPRS), effective July 1, 2000. For the purpose of reporting
monthly data, Contractor will enter client information directly
into the County’s automated LACPRS database. In order to access
the Treatment Courts and Probation eXchange (TCPX) web-based
system for Proposition 36, Contractor shall provide a computer
system, including but not limited to, hardware, software, cable
lines and connections, and modem. Contractor shall provide
maintenance for the computer system, ensure that the system is up
to date, in good operational order at all times, and that any
hardware and/or software provided by Contractor is compatible
with any existing computer system used by County.
11/03/2001ADCD1456.RWADCD1022.LVB 05/14/2001
(COST)
THE PAJO CORPORATION
SCHEDULE A (1 of 2)
OUTPATIENT NARCOTIC TREATMENT MAINTENANCE SERVICES(Proposition 36)
Period of(effective date - 06/30/02)
1. Maximum Allocation ............................... $ 13,200
2. Projected Revenues ............................... $ 7,763
3. Projected Total Gross Program Cost ............... $ 20,963 (Item 1 plus Item 2)
4. Maximum Monthly Amount/Allocation ................ $ 1,885(Item 1 divided by the number of months in applicable period)
11/03/2001ADCD1456.RWADCD1022.LVB 05/14/2001
(COST)
THE PAJO CORPORATION
BUDGET A
OUTPATIENT NARCOTIC TREATMENT MAINTENANCE SERVICES(“effective date” through June 30, 2002)
(Proposition 36)
ITEM AMOUNT
Salaries $ 13,200
Facility Rent/Lease 0
Equipment Leases 0
Services and Supplies 7,763
Administrative Overhead 0
Gross Budget* $ 20,963
* Contractor may revise the amount of any existing line item(s)by a maximum of ten percent (10%) of the gross budget withoutprior written approval, and not more than twenty-five (25%) ofthe gross budget with prior written approval from Director orhis authorized designee. Therefore, any increase in any lineitem(s) of the budget shall be offset by a correspondingdecrease in the other line item(s) of the budget. In anyevent, any revisions made in the gross budget, shall notresult in any increase in the maximum obligation during thenon-provisional period of this Agreement.
11/03/2001ADCD1456.RWADCD1022.LVB 05/14/2001
(FFS)
THE PAJO CORPORATION
SCHEDULE A (2 of 2)
OUTPATIENT NARCOTIC TREATMENT MAINTENANCE SERVICES(Proposition 36)
Period of Period of Period of Period of(07/01/02- (07/01/03- (07/01/04- (07/01/05- 06/30/03) 06/30/04) 06/30/05) 06/30/06)
1. Allocated Treatment Slots.............. 6 6 6 6
2. Units of Service....................... 1,023 1,023 1,023 1,023 (Slot Day)
3. Maximum Allocation..................... $ 32,000 $ 32,000 $ 32,000 $ 32,000
4. Projected Revenues..................... $ 19,766 $ 19,766 $ 19,766 $ 19,766
5. Projected Total Gross Program Cost..... $ 51,766 $ 51,766 $ 51,766 $ 51,766 (Item 3 plus Item 4)
6. Fee-for-Service Rate per Slot Day...... $ 31.28 $ 31.28 $ 31.28 $ 31.28 (Item 3 divided by Item 2)
7. Maximum Monthly Amount/Allocation...... $ 2,666 $ 2,666 $ 2,666 $ 2,666
(Item 3 divided by the number of months in applicable period)
11/03/2001ADCD1456.RWADCD1022.LB 05/14/2001
THE PAJO CORPORATION
(Contract No. ; Exhibit A)
STATEMENT OF WORK
OUTPATIENT NARCOTIC TREATMENT MAINTENANCE SERVICES(Proposition 36)
OVERALL GOAL: Contractor shall indicate the overall goal to
be achieved by Contractor's program. A goal is a broad statement
(i.e., statement of work or mission statement) which describes the
services to be provided by Contractor and the overall goal(s)
and/or objective(s) that such services will achieve.
Services and Overall Goal:
To provide basic services to be adjudicated by Proposition 36
services such as: urinalysis, dosages and counseling (individual
and group). The goal will be to service as many patients as
possible .
A detailed description, including a timetable, of the services tobe provided and the program goals and objectives to be achieved,as they relate to the Services and Overall Goal statement aboveshall be submitted by Contractor within thirty (30) days followingthe execution of this Agreement for approval by Director.
11/03/2001ADCD1456.RWADCD1022.LVB 05/14/2001
THE PAJO CORPORATION
EXHIBIT B
OUTPATIENT NARCOTIC TREATMENT PROGRAM DETOXIFICATION SERVICES(Proposition 36)
1. DEFINITION: Outpatient narcotic treatment program
detoxification services are those drug treatment services which
provide for the administering or furnishing of methadone, as a
substitute narcotic drug in decreasing dosage levels for a period
not exceeding twenty-one (21) days, in order to allow an
individual or client who is dependent on heroin or other morphine-
like drugs to withdraw from the use of such addicting drugs. Such
outpatient narcotic treatment program services (or detoxification
[treatment] services), shall be conducted in conjunction with an
organized and coordinated program to aid the patient (i.e.,
client) in altering his/her drug dependent life style, and to
eventually eliminate all dependency on drugs.
2. PERSONS TO BE SERVED: Outpatient narcotic treatment
program detoxification services shall be furnished to those
individuals (i.e., clients) who are affected by drug related
problems, are dependent on heroin or other morphine-like drugs,
and who are deemed to be eligible for services and referred by a
community assessment and service center.
3. SERVICE DELIVERY SITE(S) AND DAYS AND HOURS OF
OPERATION: Contractor's facility(ies), where outpatient narcotic
- 2 -
treatment program detoxification services are to be provided, and
the days and hours of operation for reception and program entry,
or when services are to be provided herein, are as follows:
Facility 1 is located at 2080 Century Park East Suite 1802,
Century City, California 90067. Contractor's facility telephone
number is (310) 553-9500 and facsimile/FAX number is
(310) 553-7247. Contractor's facility days and hours of
operation are Monday through Friday, 7:00 a.m. to 2:00 p.m.;
Saturday, Sunday and Holiday, 8:00 a.m. to 10:00 a.m.,
appointment only.
Facility 2 is located at
. Contractor's facility telephone number is
( ) and facsimile/FAX number is ( ) .
Contractor's facility days and hours of operation are
.
Contractor shall obtain prior written approval from Director
at least thirty (30) days before terminating services at such
location(s) and/or before commencing such services at any other
location. If the days and hours of operation, telephone number,
or facsimile/FAX number, of Contractor facility(ies), as noted
above, are changed in any manner, Contractor shall inform
Director at least ten (10) days prior to the effective date(s)
thereof.
- 3 -
4. MAXIMUM ALLOCATION:
A. During the period of “effective date” through June
30, 2002, that portion of the maximum obligation of County
which is allocated under this Exhibit for outpatient
narcotic treatment program detoxification services is Eight
Thousand, Eight Hundred Dollars ($8,800). Other financial
information for this Exhibit is contained in the Schedule(s)
and Budget(s), attached hereto and incorporated herein by
reference.
B. During the period of July 1, 2002, through June 30,
2003, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment program detoxification services is Twenty-One
Thousand Dollars ($21,000). Other financial information for
this Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
C. During the period of July 1, 2003, through June 30,
2004, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment program detoxification services is Twenty-One
Thousand Dollars ($21,000). Other financial information for
this Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
D. During the period of July 1, 2004, through June 30,
2005, that portion of the maximum obligation of County which
- 4 -
is allocated under this Exhibit for outpatient narcotic
treatment program detoxification services is Twenty-One
Thousand Dollars ($21,000). Other financial information for
this Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
E. During the period of July 1, 2005, through June 30,
2006, that portion of the maximum obligation of County which
is allocated under this Exhibit for outpatient narcotic
treatment program detoxification services is Twenty-One
Thousand Dollars ($21,000). Other financial information for
this Exhibit is contained in the Schedule(s) and Budget(s),
attached hereto and incorporated herein by reference.
5. REIMBURSEMENT: County agrees to compensate Contractor
for services provided to clients under this Agreement, as set
forth in the PAYMENT Paragraph of the ADDITIONAL PROVISIONS of
this Agreement and in accordance with the reimbursement dollar
amounts, as set forth in the Schedule(s), referred to above and
attached hereto.
For the period of “effective date” through June 30, 2002,
County agrees to compensate Contractor for services provided to
participants under this Agreement, for actual reimbursable costs
as set forth in the Schedule(s) and Budget(s) referred to above,
and attached hereto, as such costs are reflected in Contractor's
billing statement.
- 5 -
For the period of July 1, 2002 through June 30, 2006, County
agrees to compensate Contractor for services provided to
participants under this Agreement, at the fee-for-service rate
for each slot day or portion thereof, as set forth in the
Schedule(s) referred to above, and attached hereto.
For purposes of this agreement, the definition of a "slot
day" is one (1) "face to face" day of service, provided to a
client, by staff licensed to prescribe and administer medication.
Such service shall include evaluation by Contractor's staff of
the side-effects and/or results of any medication prescribed and
administered. In addition, a slot day shall also include
services provided by Contractor as specified under Paragraph 10,
SPECIFIC SERVICES TO BE PROVIDED, hereinbelow. County shall keep
Contractor apprised of any changes in the definition or service
duties of "slot day", for which County will compensate Contractor
hereunder. In any event, County shall not reimburse Contractor
for services performed herein, for more than twenty-one (21) slot
days (or one treatment slot) per individual client.
6. STATEMENT OF WORK AND EVALUATION OF SERVICES:
Contractor agrees to provide services to County and County
participants as described and as summarized in Contractor’s
"Statement of Work" form, attached hereto and incorporated herein
by reference. Contractor shall be responsible for submitting the
Statement of Work form in writing for Director’s review and
approval before the commencement of any services hereunder.
- 6 -
Contractor shall have s statement on the overall program
goals and objectives that will be achieved by Contractor in the
provision of services in accordance with the terms of this
Agreement. (Note: If Contractor’s program services are directed
towards individual participants, Contractor shall also have an
additional goals and objectives statement that describes the
specific effects on a participant’s behavior and health status
that Contractor’s services are expected to produce in a stated
percentage of the participant population to be served.) Each
goal and objective shall include a timetable and a completion
date, which shall not exceed the term of this Agreement. Program
goals and objectives shall be submitted by Contractor within
thirty (30) days following the execution of this Agreement for
approval by Director.
Contractor agrees to allow County to use Contractor’s program
goals and objectives to develop and implement new program
activities, to evaluate the effectiveness of the service (i.e.,
program) provided by Contractor under this Agreement, and to
modify, as required, either Contractor’s program operations or
Contractor’s treatment outcome expectations (when services are
directed towards individual participants) to improve services
received under this Agreement.
As a result of Federal, State, and local emphasis on better
documenting and assessing program effectiveness, the County may,
at its sole discretion, require Contractor to participate in
- 7 -
County-authorized process and outcome evaluations. Evaluation
requirements may include, but are not limited to, interviews of
program administrators, staff, and participants; completing
questionnaires; observation of staff in-service training and
staff delivery of services to participants; abstraction of
information from participant records; an expansion of the Los
Angeles County Participant Reporting System for both intake and
discharge information reported on participants; the reporting of
services received by selected participants; and other activities
to meet established standards for the conduct of evaluations of
acceptable scientific rigor. All evaluation activities will
provide suitable program, staff, and participant confidentiality
assurances and will be conducted under applicable Federal and
State law with appropriate Institutional Review Board (human
subject protection) approval. When conducted by non-County
employees, evaluation will be conducted under the direction of
County with additional oversight by a County-appointed advisory
group.
Contractor will participate in the Los Angeles County
Evaluation and Outcome Reporting Program, as requested by the
County. Contractor participation will include, but not be
limited to, training, data collection and reporting, and the
administration of standardized evaluation and outcome reporting
instruments. Contractor will be reimbursed at its prevailing
rate for staff participation in program activities. Failure of
- 8 -
Contractor to participate in this program as described in this
Paragraph, shall constitute a material breach of contract and
this Agreement may be terminated by County.
7. ADDITIONAL STAFFING REQUIREMENTS: In the course of
providing services hereunder, Contractor may utilize (a non-
physician practitioner) either a Physician Assistant or a
Registered Nurse Practitioner in the place of a supervising
physician, subject to the following conditions and restrictions:
A. In the case of Contractor using a Physician
Assistant as a non-physician practitioner to provide
services hereunder, Contractor shall obtain prior approval
of Board of Medical Quality Assurance Physician Assistant
Examining Committee. The services of a Physician Assistant
shall not be employed unless such prior approval is
received.
B. In the case of Contractor using a Registered Nurse
Practitioner as a non-physician practitioner to provide
services hereunder, there shall be a written agreement
between the supervising physician and the Registered Nurse
Practitioner detailing authority delegated by the
supervising physician and responsibilities of each of the
parties in the provision of medical services hereunder. The
agreement between the supervising physician and the
Registered Nurse Practitioner shall be included as part of
the procedures formulated and adopted by Contractor's staff,
- 9 -
and approved by Director, under the Paragraph 10, SPECIFIC
SERVICES TO BE PROVIDED, herein below.
8. METHADONE DETOXIFICATION DOSAGE LEVELS: Dosage levels
shall be determined and administered in accordance with the
following:
A. Contractor shall set forth in its protocol its
dosage procedures.
B. Detoxification treatment dosages should be low, but
sufficient to suppress withdrawal symptoms.
C. Deviations from Contractor's protocol or planned
dosage procedures, either in initial stabilization or
gradually decreasing dosage levels, shall be noted by the
physician, with justification for such deviations, noted in
the client's record. Contractor's protocol/planned dosage
procedures shall adhere to the following:
(1) Recommended initial dosage shall be as low as
appropriate.
(2) Dosages above forty (40) milligrams per day
require notification to ADPA.
(3) Dosages above sixty (60) milligrams per day are
prohibited.
9. MEDICATIONS: Contractor agrees that all controlled
substances and other prescription medications used hereunder
shall be administered and/or dispensed solely by a licensed
physician (i.e., medical doctor), licensed pharmacists,
- 10 -
registered nurses, licensed psychiatric technicians or licensed
vocational nurses and in accordance with Federal and State law
and related regulations.
10. SPECIFIC SERVICES TO BE PROVIDED: In addition to those
services as described above, and under the "Statement of Work"
form (Overall Goals) attached hereto and incorporated herein by
reference below, Contractor shall provide a number of specific
services which shall be provided in accordance with procedures
formulated and adopted by Contractor's staff and approved by
Director. The specific services to be provided by Contractor
hereunder are as follows:
A. Conduct intake, including physical examinations,
documentation of admission requirements and psychological
and medical histories.
B. Administer methadone to clients using Contractor's
authorized personnel. Contractor shall provide services for
the administering of methadone seven (7) days a week.
C. Provide casework services to include at least two
(2) individual counseling sessions for each client during
the twenty-one (21) slot day detoxification cycle.
D. Develop an individualized treatment plan for each
client which shall address client's needs for rehabilitative
services, including, but not limited to, individual therapy,
vocational guidance and job and education counseling; and
- 11 -
provision for obtaining drug free counseling services, when
the period of detoxification treatment is completed.
E. Conduct body fluid testing (urinalysis) which shall
be performed at the time of admission and any other time
deemed necessary by the attending physician. Contractor
shall observe each client's emission of the urine collected
to protect against the falsification and/or contamination of
the urine sample.
F. Coordinate the provision of services with other
agencies, including criminal justice agencies involved with
drug abuse programs.
G. Direct or referral services to clients (and
documentation of such services or referrals and referral
follow-up) to other agencies for medical, social,
psychological, vocational, educational, legal, health
education, or other services deemed appropriate for
contributing to client's rehabilitation. Referral for
ongoing drug counseling or methadone maintenance services,
together with follow-up regarding the success of such
referral is required. Services provided through referral
shall not be a charge to, nor be reimbursable, hereunder.
H. Contractor shall provide additional specific
services, in accordance with the Treatment Program
Procedures for Proposition 36 participants, as outlined in
- 12 -
Attachment I, attached hereto and incorporated herein by
reference.
11. TREATMENT SLOTS: Contractor agrees to provide the
number of outpatient narcotic treatment program detoxification
services treatment slots identified in the Schedule(s) attached
hereto. A treatment slot is defined as the capacity to provide
detoxification services to one (1) individual for a twenty-one
(21) slot day (i.e., day) period. At any given time during the
term of this Agreement, Contractor shall be capable of providing
daily services to the number of clients equal to the number of
treatment slots identified above.
12. PROGRAM CAPACITY AND PRODUCTIVITY BASELINE TO ESTABLISH
PROJECTED MINIMUM UNITS OF SERVICE FOR AGREEMENT TERM:
A. The total number of treatment slots licensed by the
State in the facility(ies) identified in this Exhibit is
160 .
B. The total number of treatment slots to be used by
program clients under this Agreement is 31.96 .
C. The total treatment capacity (slot day units of
service) for program clients served under this Agreement is
671 (Item B x 21).
D. The projected utilization rate of the total
treatment capacity for program clients during the term of
this Agreement is 100 %.
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E. Contractor shall provide a minimum of 671 slot day
units of service during the Agreement term (Item C x Item D).
13. AUTOMATED PARTICIPANT REPORTING SYSTEM: Contractor
shall participate and cooperate in the implementation of the
automated Los Angeles County Participant Reporting System
(LACPRS), effective July 1, 2000. For the purpose of reporting
monthly data, Contractor will enter client information directly
into the County’s automated LACPRS database. In order to access
the Treatment Courts and Probation eXchange (TCPX) web-based
system for Proposition 36, Contractor shall provide a computer
system, including but not limited to, hardware, software, cable
lines and connections, and modem. Contractor shall provide
maintenance for the computer system, ensure that the system is up
to date, in good operational order at all times, and that any
hardware and/or software provided by Contractor is compatible
with any existing computer system used by County.
11/03/2001ADCD1458.RWADCD0699.LVB 05/14/2001
(COST)
THE PAJO CORPORATION
SCHEDULE B (1 of 2)
OUTPATIENT NARCOTIC TREATMENT PROGRAM DETOXIFICATION SERVICES(Proposition 36)
Period of(effective date - 06/30/02)
1. Maximum Allocation ............................... $ 8,800
2. Projected Revenues ............................... $ 3,422
3. Projected Total Gross Program Cost ............... $ 12,222 (Item 1 plus Item 2)
4. Maximum Monthly Amount/Allocation ................ $ 1,257(Item 1 divided by the number of months in applicable period)
11/03/2001ADCD1458.RWADCD0699.LVB 05/14/2001
(COST)
THE PAJO CORPORATION
BUDGET B
OUTPATIENT NARCOTIC TREATMENT PROGRAM DETOXIFICATION SERVICES(“effective date” through June 30, 2002)
(Proposition 36)
ITEM AMOUNT
Salaries $ 8,800
Facility Rent/Lease 3,422
Equipment Leases 0
Services and Supplies 0
Administrative Overhead 0
Gross Budget* $ 12,222
* Contractor may revise the amount of any existing line item(s)by a maximum of ten percent (10%) of the gross budget withoutprior written approval, and not more than twenty-five (25%) ofthe gross budget with prior written approval from Director orhis authorized designee. Therefore, any increase in any lineitem(s) of the budget shall be offset by a correspondingdecrease in the other line item(s) of the budget. In anyevent, any revisions made in the gross budget, shall notresult in any increase in the maximum obligation during thenon-provisional period of this Agreement.
11/03/2001ADCD1458.RWADCD0699.LVB 05/14/2001
(FFS)
THE PAJO CORPORATION
SCHEDULE B (2 of 2)
OUTPATIENT NARCOTIC TREATMENT PROGRAM DETOXIFICATION SERVICES(Proposition 36)
Period of Period of Period of Period of(07/01/02- (07/01/03- (07/01/04- (07/01/05- 06/30/03) 06/30/04) 06/30/05) 06/30/06)
1. Allocated Treatment Slots.............. 31.96 31.96 31.96 31.96
2. Units of Service....................... 671 671 671 671 (Slot Day)
3. Maximum Allocation..................... $ 21,000 $ 21,000 $ 21,000 $ 21,000
4. Projected Revenues..................... $ 26,925 $ 26,925 $ 26,925 $ 26,925
5. Projected Total Gross Program Cost..... $ 47,925 $ 47,925 $ 47,925 $ 47,925 (Item 3 plus Item 4)
6. Fee-for-Service Rate per Slot Day...... $ 31.28 $ 31.28 $ 31.28 $ 31.28 (Item 3 divided by Item 2)
7. Maximum Monthly Amount/Allocation...... $ 1,750 $ 1,750 $ 1,750 $ 1,750
(Item 3 divided by the number of months in applicable period)
11/03/2001ADCD1458.RWADCD0699.LVB 05/14/2001
THE PAJO CORPORATION
(Contract No. ; Exhibit B)
STATEMENT OF WORK
OUTPATIENT NARCOTIC TREATMENT PROGRAM DETOXIFICATION SERVICES(Proposition 36)
OVERALL GOAL: Contractor shall indicate the overall goal to
be achieved by Contractor's program. A goal is a broad statement
(i.e., statement of work or mission statement) which describes
the services to be provided by Contractor and the overall goal(s)
and/or objective(s) that such services will achieve.
Services and Overall Goal:
Basic services will be provided as adjudicated by
Proposition 36. Basic services are as follows: urinalysis,
dosages, and counseling (individual and group) .
A detailed description, including a timetable, of the services tobe provided and the program goals and objectives to be achieved,as they relate to the Services and Overall Goal statement aboveshall be submitted by Contractor within thirty (30) daysfollowing the execution of this Agreement for approval byDirector.
11/03/2001ADCD1458.RWADCD0699.LVB 05/14/2001
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Attachment I
TREATMENT PROGRAM PROCEDURES
The contracted Community Assessment Service Centers ("CASCs")
shall conduct individual assessments for eligible Proposition 36
participants. The Addiction Severity Index, a nationally
recognized substance abuse assessment instrument, shall be used
by all CASCs and treatment providers to initially assess
participants and to monitor participant treatment outcomes. The
CASCs shall make referrals to community-based treatment providers
which will allow the participant to access the level of treatment
services and other needed human services commensurate with the
severity of the conditions identified.
Treatment services shall consist of a three-level system
increasing in duration and intensity depending on the assessed
severity of the participant’s substance abuse problem. Minimum
duration is three (3) months for the lowest level of severity,
six (6) months for mid-level severity and nine (9) months for the
most severe level. All levels of treatment shall included drug
testing.
1. Level I - Minimum participation in treatment is three (3)
months: Proposition 36 participants requiring a low level of
- 2 -
outpatient treatment shall receive services which, at a minimum
shall include:
A. Intake, orientation, and evaluation;
B. Development of a treatment plan;
C. Individual, family and/or group counseling sessions,
including alcohol and other drug education;
D. Participation in self-help meetings;
E. Individualized treatment as appropriate (e.g.,
perinatal, dual-diagnosis, special needs);
F. Referral to alcohol and drug free living facilities,
as appropriate;
G. Provision of, or referral and follow-up for,
supplemental treatment services including literacy training,
vocational counseling, mental health services, and health
services;
H. Random, observed drug testing;
I. Thirty (30) day initial treatment plan to
Probation/Court; and
J. Court appearances as ordered by the Court.
Reports on the participant’s progress shall be made to the
Deputy Probation Officer every thirty (30) days (including the
submission of an initial treatment plan within the first thirty
- 3 -
[30] days), and the participant’s progress shall be re-assessed
at the completion of 3 months. Based on the assessment of the
treatment provider and in collaboration with Probation and the
Court, the services within this level may be adjusted as deemed
appropriate by the designated Proposition 36 Court.
2. Level II - Minimum duration in treatment services is six
(6) months: Participants may require one or more of the
following treatment services:
A. Outpatient Counseling Services - Alcohol and drug
treatment and recovery services directed at alleviating
and/or preventing alcohol and drug problems in a non-
residential facility. Services shall include individual,
family, and/or group counseling sessions.
B. Narcotic Treatment Program Services - Administration
of an opiate replacement for opiate addicted persons with a
documented history of unsuccessful treatment attempts.
Services shall include:
(1) Replacement narcotic therapy;
(2) Evaluation of medical, employment, alcohol,
criminal and psychological problems;
- 4 -
(3) Screening for diseases that are
disproportionately represented in the opiate abusing
population;
(4) Monitoring for illicit drug use;
(5) Counseling by addiction counselors that are
evaluated through ongoing supervision; and
(6) Professional medical, social work, and mental
health services, on-site or by referral (through
contracted interagency agreements).
C. Day care Habilitative Treatment Services - A planned
program of services in a social setting structure to maximize
recovery and rehabilitation of clients. These services are
more intense than outpatient counseling, but less extensive
than 24-hour residential services and shall include
individual, family, and/or group counseling sessions.
D. Residential Treatment Services - Supervised twenty-
four (24) hour live-in program with structured treatment and
recovery services.
All participants in Level II shall receive the following
services:
A. Intake, orientation, and evaluation;
B. Development of a treatment plan;
- 5 -
C. Participation in self-help meetings;
D. Individualized treatment as appropriate (e.g.,
perinatal, dual-diagnosis, special needs);
E. Referral to alcohol and drug free living facilities,
as appropriate;
F. Provision of, or referral and follow-up for,
supplemental treatment services including literacy training,
vocational counseling, mental health services, and health
services;
G. Random, observed drug testing;
H. Thirty (30) day initial treatment plan to
Probation/Court; and
I. Court appearances as ordered by the Court.
Reports on the participant’s progress shall be made to the
Deputy Probation Officer every thirty (30) days (including the
submission of an initial treatment plan within the first thirty
[30] days), and the participant’s progress shall be re-assessed
at three (3) month intervals. Based on the assessment of the
treatment provider and in collaboration with Probation and the
Court, the services within this level may be adjusted as deemed
appropriate by the designated Proposition 36 Court.
- 6 -
3. Level III - Minimum duration in treatment services is
nine (9) months: Participants may require one (1) or more of the
following treatment services:
A. Outpatient Counseling Services - Alcohol and drug
treatment and recovery services directed at alleviating
and/or preventing alcohol and drug problems in a non-
residential facility. Services shall include individual,
family, and/or group counseling sessions.
B. Narcotic Treatment Program Services - Administration
of an opiate replacement for opiate addicted persons with a
documented history of unsuccessful treatment attempts.
Services shall include:
(1) Replacement narcotic therapy;
(2) Evaluation of medical, employment, alcohol,
criminal and psychological problems;
(3) Screening for diseases that are
disproportionately represented in the opiate abusing
population;
(4) Monitoring for illicit drug use;
(5) Counseling by addiction counselors that are
evaluated through ongoing supervision; and
- 7 -
(6) Professional medical, social work, and mental
health services, on-site or by referral (through
contracted interagency agreements).
C. Day care Habilitative Treatment Services - A planned
program of services in a social setting structure to maximize
recovery and rehabilitation of clients. These services are
more intense than outpatient counseling, but less extensive
than twenty-four (24) hour residential services and shall
include individual, family, and/or group counseling sessions.
D. Residential Treatment Services - Supervised twenty-
four (24) hour live-in program with structured treatment and
recovery services.
All participants in Level III shall receive the following
services:
A. Intake, orientation, and evaluation;
B. Development of a treatment plan;
C. Admission into a detoxification program, as
appropriate;
D. Participation in self-help meetings;
E. Individualized treatment as appropriate (e.g.,
perinatal, dual-diagnosis, special needs);
- 8 -
F. Referral to alcohol and drug free living facilities,
as appropriate;
G. Provision of, or referral and follow-up for,
supplemental treatment services including literacy training,
vocational counseling, mental health services, and health
services;
H. Random, observed drug testing;
I. Thirty (30) day initial treatment plan to
Probation/Court; and
J. Monthly Court appearances as ordered by the Court.
Reports on the participant’s progress shall be made to the
Deputy Probation Officer every 30 days (including the submission
of an initial treatment plan within the first thirty [30] days),
and the participant’s progress shall be re-assessed at three (3)
month intervals. Based on the assessment of the treatment
provider and in collaboration with Probation and the Court, the
services within this level may be adjusted as deemed appropriate
by the designated Proposition 36 Court.
4. Aftercare Services: All Proposition 36 participants,
regardless of level, shall participate in 6 months of Aftercare
or continuing care. Aftercare can occur in a variety of
settings, such as periodic outpatient meetings, relapse/recovery
- 9 -
groups, self-help groups, and half-way houses. Services may
include relapse prevention, alumni activities and mentorship
programs.
5. Changes of Level of Services: Depending upon each
individual’s progress, or lack thereof, changes in the level of
treatment may be needed. Each treatment provider is responsible
for providing timely reports to Probation and/or the Court
regarding the participant’s progress, and Probation is
responsible for relaying this information along with a report on
the participant’s compliance with his/her conditions of probation
to the Court. Reports from the provider shall be transmitted
electronically. Positive drug test or non-compliance with
treatment plans shall be reported within forty-eight (48) hours.
Services shall be modified to meet the individual needs of the
participant. Recommendations for increased or decreased levels
of treatment or the participant’s amenability to treatment, shall
be made jointly by the Deputy Probation Officer and treatment
counselor. The Courts shall be notified of a change in the level
of services and/or the participant may be returned to Court for a
change of level order, as appropriate.
11/03/2001