HomeMy WebLinkAbout3283210-2017-DBH -0
Agreement No. 18-328
AGREEMENT 1
2 THIS AGREEMENT is made and entered into this 12th day of _ __...,lt ..... m ... e __ _,, 2018, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
',
4 referred to as "COUNTY", and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO,
5 whose address is 1100 Van Ness, Fresno, California 93721, hereinafter referred to as "COURT".
6 WI T N E S S E T H:
7 WHEREAS, COURT has adult and juvenile Behavioral Health Courts (BHC) to provide treatment
8 and rehabilitation to persons whose mental illness contribbltes to their non-violent criminal behavior; and,
9 WHEREAS, the goal of the BHC is to reduce the length of confinement for adult offenders with a
10 serious mental illness or juvenile offenders with a serious emotional disturbance, improve their mental
11 health and well-being, and reintegrate them into their communities; and,
12 WHEREAS, COURT has Adult Criminal PC 1000, Proposition 36 and Post-Conviction Drug
13 Courts (Drug Courts) to provide intensive supervision and substance use treatment, and community-
14 based drug education and support along with frequent reviews with the COURT; and,
15 WHEREAS, more than seventy percent (70%) of drug court participants have co-occurring mental
16 health issues and evidence-based practices indicate a model of care that integrates treatment and
17 services that address both the substance use disorders and mental health issues; and,
18 WHEREAS, COURT has family dependency treatment court (FDTC) to provide substance use
19 treatment and services for parents who have abused or neglected their children due to addiction and
20 are at risk of losing their parental rights; and,
21 WHEREAS, the BHC, Drug Courts, and FDTC strive to create effective working relationships
22 between the treatment and criminal justice systems to increase access to treatment services, relieve jail
23 over-crowding, reduce recidivism and improve public safety; and,
24 WHEREAS, COURT is in need of mental health and substance use treatment and supportive
25 services, case management, care coordination, data gathering, and outcome evaluation for the BHC,
26 the Drug Courts, and FDTC; and
27 Ill
28 Ill
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COUNTY OF FRESNO
Fresno, CA
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WHEREAS, COUNTY through its Department of Behavioral Health (DBH) has funding through
Mental Health Services Act, Community Services and Supports to secure collaborative care coordination
to provide said services; and,
WHEREAS, COURT is able and willing to provide BHC, Drug Courts, and FDTC care
coordinators, their daily direction, and a work space adjacent to their respective courtrooms to maximize
their productivity; and
WHEREAS, the COUNTY through its DBH-Substance Use Disorder Services is able to provide
Drug Court services related to substance use disorders to Fresno County residents through the Fresno
Superior Court; and
WHEREAS, funding is available to support Drug Court services through Behavioral Health
Realignment out of the Local Revenue Fund 2011; and
WHEREAS, COURT agrees to provide the needed court services for Drug Court pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto
agree as follows:
1. OBLIGATIONS OF THE COURT
A. The COURT shall provide sufficient, qualified, and appropriate personnel, who
may be employees and/or subcontractors, to provide mental health treatment services care
coordination, data gathering and program development to support the BHC (juvenile/adult) and case
management, substance use treatment services care coordination and data gathering to support the
Drug Courts and FDTC, in accordance with the descriptions outlined in Exhibit A, attached hereto and
by this reference incorporated herein. Said individuals will work at the main and/or juvenile courthouses
between the hours of 8 a.m. and 5 p.m., Monday through Friday, except COURT holidays and other
closure days.
B. The COURT shall provide sufficient, qualified, and appropriate personnel to
facilitate the process of planning, implementation and execution of Drug Court services as listed in
Exhibit B, attached hereto and by the reference incorporated herein.
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C. The COURT shall ensure that its personnel understand the confidentiality of the
information shared by the participants in the BHC, Drug Courts, and FDTC and that its personnel
execute and comply with the “Fresno County Confidentiality Requirements Acknowledgement and
Agreement”, attached hereto as Exhibit C and incorporated herein by this reference.
D. The COURT shall ensure that its personnel align programs, services, and
practices with the vision, mission, and guiding principles of the COUNTY’s DBH, as further described
in Exhibit D, “Fresno County Department of Behavioral Health Guiding Principles of Care Delivery”,
attached hereto and by this reference incorporated herein.
E. COURT shall use its best efforts to keep COUNTY informed of the provisions of
any laws, regulations, and local rules related to the provision of BHC, Drug Court, and FDTC services
to ensure that COUNTY is aware of COURT’s compliance with these requirements.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY agrees to pay COURT for the services identified above in accordance
with Section 5 below.
B. COUNTY’s DBH shall use its best efforts to keep COURT informed of the
provisions of any laws and regulations related to the provision of BHC, Drug Court, and FDTC services
and the adjudication of such persons to ensure that COURT is in compliance with these requirements.
3. TERM
The term of this Agreement shall be for a period of three (3) years, commencing on July
1, 2018 through and including June 30, 2021.
This Agreement, subject to State funding each year, may be extended for two (2)
additional consecutive twelve (12) month periods upon written approval of both parties no later than
thirty (30) days prior to the first day of the next twelve (12) month extension. The COUNTY’s DBH
Director, or his or her designee, is authorized to execute such written approval on behalf of COUNTY
based on COURT’s satisfactory performance.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided thereunder, are contingent on the approval of funds by the appropriating government agency.
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Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated at any time by DBH providing COURT sixty (60) days advance written notice.
B. Breach of Contract – COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY; and
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
breach of this Agreement or any default which may then exist on the part of the COURT. Neither shall
such payment impair or prejudice any remedy available to COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the COURT the repayment to the COUNTY of
any funds disbursed to the COURT under this Agreement, which in the judgment of COUNTY were not
expended in accordance with the terms of this Agreement. COURT shall promptly refund any funds
upon demand or, at COUNTY’s option such repayment shall be deducted from future payments owing
to COURT under this Agreement.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY or COUNTY’s DBH Director or his or her designee or
COURT upon the giving of sixty (60) days advance written notice of an intention to terminate.
5. COMPENSATION
A. BHC, Drug Courts, and FDTC Care Coordinator Services - COUNTY shall
reimburse COURT the actual monthly amount COURT pays to provide care coordinator services for the
BHC, Drug Courts, and FDTC. Reimbursement is available only for activities delivered as required
under this Agreement.
The maximum amount payable by COUNTY to COURT under this Agreement for
said services shall not exceed Seventy Thousand and No/100 Dollars ($70,000.00) during each twelve
(12) month period of this Agreement. In no event shall the total maximum compensation for said services
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under this Agreement paid to COURT by COUNTY for the period July 1, 2018 through June 30, 2021
exceed Two Hundred, Ten Thousand and No/100 Dollars ($210,000.00).
If performance standards are met and this Agreement is extended for additional
twelve (12) month terms pursuant to Section Three (3), TERM, herein, then in no event shall the
maximum compensation amount for said services under this Agreement for each subsequent twelve
(12) month period exceed Seventy Thousand and No/100 Dollars ($70,000.00).
In no event shall the total maximum compensation of this Agreement for said
services exceed Three Hundred, Fifty Thousand and No/100 Dollars ($350,000.00) during the total term
of this Agreement.
B. Drug Court Services - COUNTY agrees to pay COURT and COURT agrees to
receive compensation for Drug Court services as identified in Exhibit E, attached hereto and by this
reference incorporated herein, contingent upon confirmation of funding.
The maximum amount payable by COUNTY to COURT under this Agreement for
said services shall not exceed Eighty Thousand, Four Hundred Forty-Five and No/100 Dollars
($80,445.00) during each twelve (12) month period of this Agreement. In no event shall the total
maximum compensation for said services under this Agreement paid to COURT by COUNTY for the
period July 1, 2018 through June 30, 2021 exceed Two Hundred, Forty One Thousand, Three Hundred,
Thirty-Five and No/100 Dollars ($241,335.00).
If performance standards are met and this Agreement is extended for additional
twelve (12) month terms pursuant to Section Three (3), TERM, herein, then in no event shall the
maximum compensation amount for said services under this Agreement for each subsequent twelve
(12) month period exceed Eighty Thousand, Four Hundred Forty-Five and No/100 Dollars ($80,445.00).
In no event shall total maximum compensation for this Agreement for said services
exceed Four Hundred Two Thousand Two Hundred Twenty-Five and No/100 Dollars ($402,225.00)
during the total term of this Agreement.
C. In no event shall the total compensation for all the services performed under this
Agreement be in excess of Seven Hundred, Fifty-Two Thousand, Two Hundred, Twenty-Five and
No/100 Dollars ($752,225.00) during the total term of this Agreement.
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D. It is understood that all expenses incidental to COURT’s performance of services
under this Agreement shall be borne by COURT. Payment by COUNTY shall be in arrears, for
services provided during the previous month or quarter, within forty-five (45) days after receipt,
verification and approval of COURT’s invoices by COUNTY’s DBH. If COURT should fail to comply
with any provision of this Agreement, COUNTY shall be relieved of its obligation for further
compensation.
6. INVOICING
A. BHC, Drug Courts, and FDTC Care Coordinator Services - COURT shall invoice
COUNTY’s DBH by the fifteenth (15th) day of each month for the prior month’s expenditures for BHC,
Drug Court, and FDTC care coordinator services electronically via email to
DBHInvoices@co.fresno.ca.us. Said invoices shall include applicable supporting documentation in
detail such as dates of services, hours, and amount(s) invoiced for the month. Invoices shall be subject
to County, State of California, and Federal audits.
B. Drug Court Services - COURT shall submit to COUNTY’s DBH quarterly invoices
detailing COURT’s requested expenditure reimbursements for actual services provided pursuant to the
terms and conditions of this Agreement. Quarterly claims shall itemize allowable charges and shall be
submitted within thirty (30) calendar days of the preceding quarter’s expenditures. Final year-end claims
shall be submitted within thirty (30) calendar days of the end of each fiscal year (June 30). COUNTY’s
DBH shall have the right to deny payment for any invoices not submitted within thirty (30) days after the
end of each fiscal year or the date this Agreement expires.
Once an invoice has been approved for payment by DBH, the Inter-Departmental
Journal Voucher will be prepared to reimburse COURT for expenditures. The Inter-Departmental
Journal Vouchers shall be subject to County, State and Federal audits.
All costs incurred shall be supported by properly executed payrolls, time records,
invoices, vouchers, orders or any other accounting documents pertaining in whole or in part to this
Agreement and they shall be clearly identified and readily accessible to DBH upon request. The
supporting documentation must indicate the line item budget account to which the cost is charged, if
applicable.
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Invoices and all supporting documents shall be sent electronically via email to
sas@co.fresno.ca.us.
C. No reimbursement for actual services rendered under this Agreement shall be
made until said invoices, as identified above, are received and reviewed by COUNTY’s DBH. COUNTY
agrees to reimburse COURT in arrears, within forty-five (45) days after receipt and verification of
COURT’s monthly or quarterly invoices by COUNTY’s DBH. If invoices or activity reports are incorrect
or are otherwise not in proper form or substance, COUNTY shall have the right to withhold payment as
to only that portion of the invoice or activity report that is incorrect or improper.
7. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by COURT under this
Agreement, it is mutually understood and agreed that COURT, including any and all of COURTS’
officers, agents and employees will at all times be acting and performing as an independent contractor,
and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise
or direct the manner or method by which COURT shall perform its work and function. However,
COUNTY shall retain the right to administer this Agreement so as to verify that COURT is performing its
obligations in accordance with the terms and conditions thereof.
COURT and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters which are directly or
indirectly the subject of this Agreement.
Because of its status as an independent contractor, COURT shall have absolutely no right to
employment rights and benefits available to COUNTY employees. COURT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, COURT shall be solely responsible and save COUNTY harmless from all matters relating to
payment of CONTRACTOR(S)’ employees, including compliance with Social Security, withholding, and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
COURT may be providing services to others unrelated to the COUNTY or to this Agreement.
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8. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B. Notwithstanding the above, changes to services, staffing, and responsibilities of
the COURT, as needed, to accommodate changes in the laws relating to mental health and substance
use disorder treatment, as set forth in Exhibit A and Exhibit B, may be made with the signed written
approval of COUNTY’s DBH Director or his or her designee and COURT through an amendment
approved by COUNTY’s Counsel and the COUNTY’s Auditor-Controller’s/Treasurer-Tax Collector’s
Office. Changes to line items in the budget, as set forth in Exhibit E, as appropriate, that do not exceed
ten percent (10%) of the program total maximum compensation payable to COURT, may be made with
the written approval of COUNTY’s DBH Director, or his or her designee, and COURT. Changes in line
items in the budget that exceed ten percent (10%) of the maximum compensation payable to COURT
may be made with the signed written approval of COUNTY’s DBH Director, or his or her designee,
through an amendment approved by COUNTY’s Counsel and the COUNTY’s Auditor-
Controller’s/Treasurer-Tax Collector’s Office. Said modifications shall not result in any change to the
maximum compensation amount payable to COURT, as stated herein.
C. COURT understands that reductions to the compensation under this Agreement
may be necessitated by a reduction in available Behavioral Health Realignment funding. COURT further
understands that this Agreement is subject to any restrictions, limitations, or enactments of all legislative
bodies which affect the provisions, term or funding of this Agreement in any manner.
9. NON-ASSIGNMENT
Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other party.
10. HOLD HARMLESS
COURT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses, including court costs
and attorney fees, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
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connection with the performance, or failure to perform, by COURT, its officers, agents, contractors and
employees under this Agreement, and from any and all costs and expenses, including court costs and
attorney fees, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to perform, of COURT,
its officers, agents, contractors or employees under this Agreement. In addition, COURT agrees to
indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from non-
compliance herein on the part of COURT. COURT shall ensure any subcontract(s) awarded via this
Agreement have limits and levels of liability protection equal to that required by COUNTY or COURT.
COUNTY agrees to indemnify, save, hold harmless, and at COURT’s request, defend
COURT, its officers, agents and employees from any and all costs and expenses, including court costs
and attorney fees, damages, liabilities, claims and losses occurring or resulting to COURT in connection
with the performance, or failure to perform, by COUNTY, its officers, agents, contractors and employees
under this Agreement, and from any and all costs and expenses, including court costs and attorney fees,
damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may
be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents,
contractors or employees under this Agreement. In addition, COUNTY agrees to indemnify COURT for
Federal, State of California and/or local audit exceptions resulting from non-compliance herein on the
part of COUNTY.
11. INSURANCE
COURT shall maintain applicable self-insurance coverage while providing services for
COUNTY under the terms and conditions of this Agreement. The self-insurance programs do not limit
COURT’s liability as a contractor of services with COUNTY or limit COUNT Y’s right to seek
indemnification from COURT for liability arising from its performance in accordance to the terms and
conditions of this Agreement.
A. Commercial General Liability
Please see the COURT’s Certificate of Participation, Exhibit G, regarding
Commercial General Liability.
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B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any vehicles used in connection with this Agreement. The State of California Office of Risk and
Insurance Management administers the State of California Motor Vehicle Self-Insurance Account that
provides automobile public liability and property damage insurance coverage to COURT employees who
drive a State-owned or leased motor vehicle on COURT business. There are no per-occurrence or
annual aggregate limits.
Insurance coverage for private vehicles used by COURT employees within the
course and scope of employment at the statutory minimums required by law shall be maintained by
COURT employee performing services under this Agreement. Excess liability coverage is provided
through a program of self-insurance by the Judicial Council of California. There are no per-occurrence
or annual aggregate limits.
C. Professional Liability
If COURT employs licensed professional staff (e.g. Ph.D., R.N., L.C.S.W.,
L.M.F.T.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. COURT
agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years
following the termination of this Agreement, one or more policies of professional liability insurance with
limits of coverage as specified herein. COURT is self-insured through the Judicial Council of California.
There are no per-occurrence or annual aggregate limits.
D. Cyber Liability
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations
as is undertaken by COURT in this agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade
dress, invasion of privacy violations, information theft, damage to or destruction of electronic information,
release of private information, alteration of electronic information, extortion and network security. The policy
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shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit
monitoring expenses with limits sufficient to respond to these obligations.
E. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the California
Labor Code. COURT is self-insured through the Judicial Council of California.
In the event COURT fails to keep in effect at all times insurance coverage as herein
provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement
upon the occurrence of such an event.
All policies shall be through a program of self-insurance that is acceptable to the
COUNTY’s Risk Management Division. COURT hereby represents that it maintains and shall maintain
during the term of this Agreement, self-insurance for commercial general liability and automobile liability
exposures through the Judicial Council of California. COURT shall provide a certificate of insurance or
other documentation identifying the types and level of coverage to the County of Fresno, Department of
Behavioral Health, Contracted Services Division, 3133 N. Millbrook Ave., Fresno, California, 93703.
12. NON-DISCRIMINATION
During the performance of this Agreement, COURT shall not deny the contract’s benefits
to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate
unlawfully against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. COURT shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. COURT shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of
the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the
awarding state agency to implement such article. COURT shall permit access by representatives of the
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Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at
any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its
books, records, accounts, and all other sources of information and its facilities as said Department or
Agency shall require to ascertain compliance with this clause. COURT shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or other
agreement. (See Cal. Code Regs., tit. 2, §11105.) COURT shall include the Non-Discrimination and
compliance provisions of this clause in all subcontracts to perform work under the Agreement.
13. AMERICANS WITH DISABILITIES ACT
COURT agrees to ensure that deliverables developed and produced, pursuant to this
Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act and the
Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794 (d)), and regulations implementing
that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. In 1998, Congress amended
the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information
technology (EIT) accessible to people with disabilities. California Government Code section 11135 codifies
section 508 of the Act requiring accessibility of electronic and information technology.
14. CONFIDENTIALI TY
All services performed by COURT under this Agreement shall be in strict conformance
with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
15. MONITORING
COURT agrees to extend to COUNTY’s staff, COUNTY’s DBH Director and the State
Department of Health Care Services, or their designees, the right to review and monitor records,
program or procedures, at any time, in regards to clients, as well as the overall operation of COURT’s
program, in order to ensure compliance with the terms and conditions of this Agreement.
16. REPORTS
A. Outcome Reports
COURT shall submit to COUNTY’s DBH service outcome reports as requested by
COUNTY’s DBH. Outcome reports and outcome requirements are subject to change at the discretion
of COUNTY’s DBH.
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B. Additional Reports
COURT shall also furnish to COUNTY such statements, records, reports, data,
and other information as COUNTY’s DBH may request pertaining to matters covered by this Agreement.
COUNTY shall provide, in a prior writing, a description of all the data required to be reported to ensure
all necessary data is timely gathered and available for reporting. In the event that COURT fails to provide
such reports or other information required hereunder, it shall be deemed sufficient cause for COUNTY
to withhold payments until there is compliance. In addition, COURT shall provide written notification and
explanation to COUNTY within five (5) days of any funds received from another source to conduct the
same services covered by this Agreement.
17. RECORDS
A. Documentation – COUNTY shall provide a list of all the State of California data
requirements for service records and reporting by COURT. COURT shall maintain all statistical and fiscal
information required by law. COURT shall maintain records of services provided by the various program
staff in sufficient detail, as provided by COUNTY in writing, to make possible an evaluation of services.
These service records shall contain all the data necessary for reporting to the State of California.
B. Fiscal Reports – COURT shall submit to COUNTY’s DBH Business Office quarterly
fiscal reports within twenty (20) days after the end of each quarter. Quarterly fiscal reports shall summarize
the number of hours billed during the prior three (3) months. COURT shall also furnish to COUNTY’s DBH
Business Office such statements, records, data and information as COUNTY may request pertaining to
matters covered by this Agreement. All reports submitted by COURT to COUNTY must be typewritten.
C. Suspension of Compensation – COURT’s failure to provide reports specified in the
Agreement shall be deemed sufficient cause for COUNTY to withhold payments until there is compliance.
D. Client Confidentiality – COURT shall conform to and COUNTY shall
monitor compliance with all State of California and Federal statutes and regulations regarding
confidentiality, including but not limited to confidentiality of information requirements at 42 Code of Federal
Regulations § 2.1 et seq., California Welfare and Institutions Code §§ 5328, 10850 and 14100.2, Health
and Safety Code §§ 11977 and 11812 Civil Code, Division 1, Part 2.6, 22 California Code of Regulations §
51009.
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18. EVALUATION
COUNTY shall monitor and evaluate the performance of COURT under this Agreement to
determine to the best possible degree the success or failure of the services provided under this Agreement.
COURT shall participate in evaluation of the program.
19. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this Agreement is amended during
the term thereof, the parties hereto agree to comply with the amended provision as of the effective date
of such amendment.
20. COMPLIANCE WITH STATE REQUIREMENTS
COURT recognizes that COUNTY operates its mental health programs under an
agreement with the State of California Department of Health Care Services, and that under said
agreement the State imposes certain requirements on COUNTY and its subcontractors. COURT shall
adhere to all State Requirements, including those identified in Exhibit F “State Mental Health
Requirements”, attached hereto and by this reference incorporated herein.
21. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The parties to this Agreement shall be in strict conformance with all applicable
Federal and State of California laws and regulations, including but not limited to Sections 5328, 10850, and
14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title 42, Code of
Federal Regulations (CFR), Section 56 et seq. of the California Civil Code and the Health Insurance
Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of Title 42,
United States Code (USC) and its implementing regulations, including, but not limited to Title 45, CFR,
Sections 142, 160, 162, and 164, The Health Information Technology for Economic and Clinical
Health Act (HITECH) regarding the confidentiality and security of patient information, and the Genetic
Information Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement, COURT, as a Business Associate
of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions, activities or
services for or on behalf of COUNTY, as specified in this Agreement, provided that such use or disclosure
shall not violate the Health Insurance Portability and Accountability Act (HIPAA), USC 1320d et seq. The
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uses and disclosures of PHI may not be more expansive than those applicable to COUNTY, as the
“Covered Entity” under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as authorized for
management, administrative or legal responsibilities of the Business Associate.
B. COURT, including its subcontractors and employees, shall protect, from
unauthorized access, use, or disclosure of names and other identifying information, including genetic
information, concerning persons receiving services pursuant to this Agreement, except where permitted in
order to carry out data aggregation purposes for health care operations [45 CFR Sections 164.504 (e)(2)(i),
164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any and all persons receiving services pursuant
to a COUNTY funded program. This requirement applies to electronic PHI. COURT shall not use such
identifying information or genetic information for any purpose other than carrying out COURT’s obligations
under this Agreement.
C. COURT, including its subcontractors and employees, shall not disclose any such
identifying information or genetic information to any person or entity, except as otherwise specifically
permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other law, required by the
Secretary, or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by this
Agreement or authorized by law, COURT shall make reasonable efforts to limit PHI to the minimum
necessary to accomplish intended purpose of use, disclosure or request.
D. For purposes of the above sections, identifying information shall include, but not be
limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such
as finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic tests of
family members of an individual or individual, manifestation of disease or disorder of family members of an
individual, or any request for or receipt of, genetic services by individual or family members. Family member
means a dependent or any person who is first, second, third, or fourth degree relative.
F. COURT shall provide access, at the request of COUNTY, and in the time and manner
designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR Section 164.501), to an
individual or to COUNTY in order to meet the requirements of 45 CFR Section 164.524 regarding access
by individuals to their PHI. With respect to individual requests, access shall be provided within thirty (30)
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days from request. Access may be extended if COURT cannot provide access and provides individual with
the reasons for the delay and the date when access may be granted. PHI shall be provided in the form and
format requested by the individual or COUNTY.
COURT shall make any amendment(s) to PHI in a designated record set at the
request of COUNTY or individual, and in the time and manner designated by COUNTY in accordance
with 45 CFR Section 164.526.
COURT shall provide to COUNTY or to an individual, in a time and manner
designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to permit
COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in accordance
with 45 CFR Section 164.528.
G. COURT shall report to COUNTY, in writing, any knowledge or reasonable belief that
there has been unauthorized access, viewing, use, disclosure, security incident, or breach of unsecured
PHI not permitted by this Agreement of which it becomes aware, immediately and without unreasonable
delay and in no case later than two (2) business days of discovery. Immediate notification shall be made
to COUNTY’s Information Security Officer and Privacy Officer and COUNTY’s DPH HIPAA Representative,
within two (2) business days of discovery. The notification shall include, to the extent possible, the
identification of each individual whose unsecured PHI has been, or is reasonably believed to have been,
accessed, acquired, used, disclosed, or breached. COURT shall take prompt corrective action to cure any
deficiencies and any action pertaining to such unauthorized disclosure required by applicable Federal and
State Laws and regulations. COURT shall investigate such breach and is responsible for all notifications
required by law and regulation or deemed necessary by COUNTY and shall provide a written report of the
investigation and reporting required to COUNTY’s Information Security Officer and Privacy Officer and
COUNTY’s DPH HIPAA Representative. This written investigation and description of any reporting
necessary shall be postmarked within the thirty (30) working days of the discovery of the breach to the
addresses below:
County of Fresno County of Fresno County of Fresno
Dept. of Behavioral Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-6798 (559) 600-6405 (559) 600-5800
3147 N. Millbrook Ave P.O. Box 11867 2048 N. Fine Street
Fresno, CA 93703 Fresno, CA 93775 Fresno, CA 93727
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H. COURT shall make its internal practices, books, and records relating to the use and
disclosure of PHI received from COUNTY, or created or received by the COURT on behalf of COUNTY,
in compliance with HIPAA’s Privacy Rule, including, but not limited to the requirements set forth in Title 45,
CFR, Sections 160 and 164. COURT shall make its internal practices, books, and records relating to the
use and disclosure of PHI received from COUNTY, or created or received by the COURT on behalf of
COUNTY, available to the United States Department of Health and Human Services (Secretary) upon
demand.
COURT shall cooperate with the compliance and investigation reviews conducted by the Secretary. PHI
access to the Secretary must be provided during the COURT’s normal business hours, however, upon
exigent circumstances access at any time must be granted. Upon the Secretary’s compliance or
investigation review, if PHI is unavailable to COURT and in possession of a Subcontractor, it must certify
efforts to obtain the information to the Secretary.
I. Safeguards
COURT shall implement administrative, physical, and technical safeguards as
required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and appropriately protect
the confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates, receives,
maintains or transmits on behalf of COUNTY and to prevent unauthorized access, viewing, use, disclosure,
or breach of PHI other than as provided for by this Agreement. COURT shall conduct an accurate and
thorough assessment of the potential risks and vulnerabilities to the confidential, integrity and availability of
electronic PHI. COURT shall develop and maintain a written information privacy and security program that
includes administrative, technical and physical safeguards appropriate to the size and complexity of
COURT’s operations and the nature and scope of its activities. Upon COUNTY’s request, COURT shall
provide COUNTY with information concerning such safeguards.
COURT shall implement strong access controls and other security safeguards and precautions in order to
restrict logical and physical access to confidential, personal (e.g., PHI) or sensitive data to authorized users
only. Said safeguards and precautions shall include the following administrative and technical password
controls for all systems used to process or store confidential, personal, or sensitive data:
1. Passwords must not be:
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a. Shared or written down where they are accessible or recognizable
by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c. Changed immediately if revealed or compromised; and
d. Composed of characters from at least three (3) of the following
four (4) groups from the standard keyboard:
1) Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
COURT shall implement the following security controls on each workstation or
portable computing device (e.g., laptop computer) containing confidential,
personal, or sensitive data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating
system/software vendor security patches.
COURT shall utilize a commercial encryption solution that has received FIPS 140-
2 validation to encrypt all confidential, personal, or sensitive data stored on portable electronic media
(including, but not limited to, compact disks and thumb drives) and on portable computing devices
(including, but not limited to, laptop and notebook computers).
COURT shall not transmit confidential, personal, or sensitive data via e-mail or
other internet transport protocol unless the data is encrypted by a solution that has been validated by
the National Institute of Standards and Technology (NIST) as conforming to the Advanced Encryption
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Standard (AES) Algorithm. COURT must apply appropriate sanctions against its employees who fail to
comply with these safeguards. COURT must adopt procedures for terminating access to PHI when
employment of employee ends.
J. Mitigation of Harmful Effects
COURT shall mitigate, to the extent practicable, any harmful effect that is
suspected or known to COURT of an unauthorized access, viewing, use, disclosure, or breach of PHI
by COURT or its subcontractors in violation of the requirements of these provisions. COURT must
document suspected or known harmful effects and the outcome.
K. COURT’s Subcontractors
COURT shall ensure that any of its contractors, including subcontractors, if
applicable, to whom COURT provides PHI received from or created or received by COURT on behalf of
COUNTY, agree to the same restrictions, safeguards, and conditions that apply to COURT with respect
to such PHI and to incorporate, when applicable, the relevant provisions of these provisions into each
subcontract or sub-award to such agents or subcontractors.
L. Employee Training and Discipline
COURT shall train and use reasonable measures to ensure compliance with the
requirements of these provisions by employees who assist in the performance of functions or activities
on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such employees
who intentionally violate any provisions of these provisions, including termination of employment.
M. Termination for Cause
Upon COUNTY’s knowledge of a material breach of these provisions by COURT,
COUNTY shall either:
1. Provide an opportunity for COURT to cure the breach or end the violation
and terminate this Agreement if COURT does not cure the breach or end the violation within the time
specified by COUNTY; or
2. Immediately terminate this Agreement if COURT has breached a material
term of these provisions and cure is not possible.
3. If neither cure nor termination is feasible, the COUNTY’s Privacy Officer
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shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and
conditions of this Agreement as written hereinabove, if: (1) COURT is found guilty in a criminal
proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a finding or
stipulation that the COURT has violated a privacy or security standard or requirement of the HITECH
Act, HIPAA or other security or privacy laws in an administrative or civil proceeding in which the COURT
is a party.
O. Effect of Termination
Upon termination or expiration of this Agreement for any reason, COURT shall
return or destroy all PHI received from COUNTY (or created or received by COURT on behalf of
COUNTY) that COURT still maintains in any form, and shall retain no copies of such PHI. If return or
destruction of PHI is not feasible, it shall continue to extend the protections of these provisions to such
information, and limit further use of such PHI to those purposes that make the return or destruction of
such PHI infeasible. This provision shall apply to PHI that is in the possession of subcontractors or
agents, if applicable, of COURT. If COURT destroys the PHI data, a certification of date and time of
destruction shall be provided to the COUNTY by COURT.
P. Disclaimer
COUNTY makes no warranty or representation that compliance by COURT with
these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate or satisfactory for
CONTRACTOR’s own purposes or that any information in COURT’s possession or control, or
transmitted or received by COURT, is or will be secure from unauthorized access, viewing, use,
disclosure, or breach. COURT is solely responsible for all decisions made by COURT regarding the
safeguarding of PHI.
Q. Amendment
The parties acknowledge that Federal and State laws relating to electronic data
security and privacy are rapidly evolving and that amendment of these provisions may be required to
provide for procedures to ensure compliance with such developments. The parties specifically agree to
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take such action as is necessary to amend this agreement in order to implement the standards and
requirements of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to
the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
notice in the event that COURT does not enter into an amendment providing assurances regarding the
safeguarding of PHI that COUNTY in its sole discretion deems sufficient to satisfy the standards and
requirements of HIPAA, the HIPAA regulations and the HITECH Act.
R. No Third-Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions is intended to confer, nor
shall anything herein confer, upon any person other than COUNTY or COURT and their respective
successors or assignees, any rights, remedies, obligations or liabilities whatsoever.
S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as
necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State laws. The
parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
favor of a meaning that complies and is consistent with HlPAA and the HIPAA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the
HIPAA regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of COURT as stated in this Section shall
survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any one
or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or
shall prohibit enforcement of any obligation on any other occasion.
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22. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent access,
viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of
COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter
into a contractual relationship with the COUNTY for the purpose of providing services under this
Agreement must employ adequate data security measures to protect the confidential information
provided to COURT by the COUNTY, including but not limited to the following:
A. COURT-Owned Mobile, Wireless, or Handheld Devices
COURT may not connect to COUNTY networks via personally owned mobile,
wireless or handheld devices, unless the following conditions are met:
1) COURT has received authorization by COUNTY for telecommuting
purposes;
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
B. COURT-Owned Computers or Computer Peripherals
COURT may not bring COURT-owned computers or computer peripherals into the
COUNTY for use without prior authorization from the COUNTY’s Chief Information Officer, and/or his or
her designee(s), including but not limited to mobile storage devices. If data is approved to be transferred,
data must be stored on a secure server approved by the COUNTY and transferred by means of a Virtual
Private Network (VPN) connection, or another type of secure connection. Said data must be encrypted.
C. COUNTY-Owned Computer Equipment
COURT may not use COUNTY computers or computer peripherals on non-
COUNTY premises without prior authorization from the COUNTY’s Chief Information Officer, and/or his
or her designee(s).
D. COURT may not store COUNTY’s private, confidential or sensitive data on any
hard-disk drive, portable storage device, or remote storage installation unless encrypted.
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E. COURT shall be responsible to employ strict controls to ensure the integrity and
security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or
disclosure of data maintained in computer files, program documentation, data processing systems,
data files and data processing equipment which stores or processes COUNTY data internally and
externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
BIT or higher. Additionally, a password or pass phrase must be utilized.
G. COURT is responsible to immediately notify COUNTY of any violations, breaches
or potential breaches of security related to COUNTY’s confidential information, data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally or externally.
H. COUNTY shall provide oversight to COURT’s response to all incidents arising from
a possible breach of security related to COUNTY’s confidential client information provided to COURT.
COURT will be responsible to issue any notification to affected individuals as required by law or as
deemed necessary by COUNTY in its sole discretion. COURT will be responsible for all costs incurred
as a result of providing the required notification.
23. AUDITS AND INSPECTIONS
COURT shall at any time during business hours, and as often as COUNTY may deem
necessary, make available to COUNTY for examination all of its records and data with respect to the
matters covered by this Agreement. COURT, upon request by COUNTY, shall permit COUNTY to audit
and inspect all such records and data necessary to ensure COURT compliance with the terms of this
Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), COURT shall
be subject to the examination and audit of the State Auditor for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
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24. COMPLIANCE WITH LAWS/POLICIES
COURT shall comply with all applicable rules and regulations set forth in Titles 9 and 22 of
the California Code of Regulations, and California Health and Safety Code section 11750 et seq. COURT
shall comply with any other Federal and State laws or guidelines applicable to COURT's performance under
this Agreement and any applicable local ordinances, regulations, or policies.
25. CONFLICT OF INTEREST
No officer, agent, or employee of COUNTY who exercises any function or responsibility for
planning and carrying out the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. COURT shall comply with all Federal, State of California, and
local conflict of interest laws, statutes, and regulations, which shall be applicable to all parties and
beneficiaries under this Agreement and any officer, agent, or employee of COUNTY.
26. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY COURT
Director, Court Executive Officer,
Fresno County Department Superior Court of California,
of Behavioral Health County of Fresno
4441 East Kings Canyon Ave. 1100 Van Ness Avenue
Fresno, CA 93702 Fresno, CA 93721
Any and all notices between the COUNTY and the COURT provided for or permitted under
this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered
to one of the parties, or in lieu of such personal services, when deposited in the United States Mail,
postage prepaid, addressed to such party.
27. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
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28. ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire Agreement between
COUNTY and COURT with respect to the subject matter hereof and supersedes all previous agreement
negotiations, proposals, commitments, writings, advertisements, publications and understandings of any
nature whatsoever unless expressly included in this Agreement.
[SIGNATURE PAGE FOLLOWS]
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10-2017-DBH -0
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
3
4
5 CONTRACTOR
6 SUPERIOR COURT OF CALIFORNIA
COUNTY OF FRESNO
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17 MAILING ADDRESS:
1100 Van Ness Avenue
18 Fresno , California 93724-0002
Phone No.: (559) 457-201 o
19 Contact: Court Executive Officer
20
21 FOR ACCOUNTING USE ONLY:
Department of Behavioral Health
2 2 Fund/Subclass: 0001 /10000
Org No .: 56304710 , 56302091
23 Account No.: 7295
24 Superior Court
Fund/Subc lass: 0001 /10000
25 Org No.: 34309999
26 ev:j c
2 7
28
COUNTY OF FRESNO
S hairperson of the Board of
s ~~r.,e,r.-4,i the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: --=~~><-=....:-..>-~=----~""""'--f'-'---
Deputy E5::p
-26 -COUNTY OF FRESNO
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Exhibit A
Page 1 of 2
COURT CARE COORDINATOR SERVICES
SCOPE OF WORK
Under the supervision of a Division Manager, Court Care Coordination is utilized to provide a
variety of services to the COURT including administrative and program duties in the operation of
a Fresno County Specialty Court, also known as a Collaborative Treatment Court. The
Collaborative Treatment Courts include, but are not limited to, Adult Criminal Drug Court,
Juvenile Delinquency Drug Court, Juvenile/Family Behavioral Health Court, Adult Behavioral
Health Court, Family Dependency Treatment Court and any other specialty court programs that
may be established in the future.
I. The Court Care Coordination services provided under this Agreement are as
follows:
A. Serve as a liaison between the judge presiding over the Collaborative
Treatment Courts, various COUNTY Departments responsible for providing
mental health, substance abuse treatment and related services, and
community-based organizations and private providers who have agreed to
provide services to each treatment court.
B. Provide direct service, care coordination and program development activities
that increase access, build capacity and remove barriers for those involved in
the justice system in need of treatment and support services.
C. Plan and participate in the Collaborative Court team meetings
D. Coordinate the intakes and various initial screens and assessments that
provide the Collaborative Court team an accurate understanding of the
participants’ and families’ needs.
E. Provide administrative assistance in the monitoring of the treatment plan
regarding its effectiveness and compliance by treatment providers.
F. Identify and analyze resources and treatment providers in the community.
G. Encourage treatment providers to maintain updated Dashboard profiles
H. Identify gaps in services and assist in the development of resources in the
community to fill in said gaps through collaboration.
I. Coordinate and maintain a data collection and reporting system (i.e., data
entry, track and analyze statistics, draft reports) to reflect outcomes, both
measurable and indeterminate.
J. Perform other activities associated with program planning and development,
and other duties as assigned.
II. Adult Criminal Drug Courts
A. Background and Purpose
Due to the high number of misdemeanant drug court participants in PC 1000
drug court who do not receive formal probation, Drug Court Services Care
Coordination include additional case management and care coordination
services. The Drug Court Services Care Coordinator is responsible for increasing
access to services, building capacity and removing barriers for participants in
Exhibit A
Page 2 of 2
Drug Courts who are in need of substance use disorder and mental health
treatment services as well as supportive services.
B. Description of Additional Services
The additional Drug Court Care Coordination Services (“Services”) include:
i. Work one-on-one with clients to understand and comply with court
orders, program requirements, and dual-diagnosis treatment plans.
ii. Guide clients in obtaining or in reinstating public benefits coverage to
support their recovery needs.
iii. Provide direct services and coordinate referrals to mental health and
substance abuse treatment, wrap services and support services.
iv. Establish and maintain confidential electronic and hard copy case files
for drug court participants who receive additional case management
services for purposes of case management and outcome tracking.
Exhibit B
Page 1 of 2
DRUG COURT SERVICES
SCOPE OF WORK
COURT shall provide facilitation of planning, implementation and execution of Drug Courts for
adults, hereinafter “Drug Court services”. As of January 2018, there are three levels of Drug Court:
PC1000, Proposition 36, and STAR Post-Conviction Drug Court. They are collectively referred to
as “Criminal Drug Court”. The following are services provided by COURT and the staff funded
through this Agreement.
The average case volume for Criminal Drug Court is approximately 200 new cases per month.
Defendants who wish to enter PC 1000 Drug Court do so before entering a plea, after their
eligibility for diversion has been determined by their attorney, and suitability has been determined
by the court. Substance Abuse Specialists screen each defendant to assess their level of
addiction, and recommend either education or treatment. Once defendants enter the drug court
program, they are called clients or participants.
The PC1000 Drug Court program takes a minimum of 6 months during which participants attend
court regularly, engage in substance abuse treatment and mental health therapy, attend self-help
groups such as Narcotics Anonymous/ Alcoholics Anonymous and participate in required drug
testing. Probation does not supervise PC1000 participants as they are in a pre-plea diversion
program for a misdemeanor charge. The frequency of treatment sessions and court appearances
is based on the individual participant's progress or relapse. Upon successful completion of
assigned education or treatment program, the charges are dismissed and may be sealed.
If participants fail or are found to be unsuitable for PC1000 Drug Court, yet wish to receive
treatment, they are eligible for Proposition 36 Drug Court. In Prop 36 Drug Court, defendants
plead guilty to the charge and are sentenced. Participants are on formal probation supervision.
Prop 36 Drug Court lasts at least one (1) year, but no more than two (2) years. The frequency of
treatment sessions, intensity of supervision and court appearances is based on the individual
participant's progress or relapse. Upon successful completion of Prop 36 court, the charges may
be dismissed.
If participants fail or are found to be unsuitable for Prop 36 Drug Court, they are eligible to enter
STAR court, also known as Post-Conviction Drug Court. Participants are on formal probation, and
receive higher levels of supervision. STAR drug court lasts at least one (1) year but no more than
two (2) years. Participants remain on probation until they finish. If they are unsuccessful or drop
out, the charge is left on their record. Upon successful completion of STAR court, the charges
may be dismissed.
The following are representative duties of the COURT Judicial Assistants in the courtroom:
• Prepare the files for court.
• Prepare the calendar.
• Print and distribute copies of the calendar to the appropriate parties.
• Calendar any Violation of Probation (VOP) hearings requested by probation.
• Coordinate and track distribution of participant incentives and bus tokens with division
manager and drug court team members.
• File all reports received from the various drug court team members prior to the drug
court hearings.
Exhibit B
Page 2 of 2
• Receive "Applause" lists and organize lists by participant status, i.e. in compliance, out
of compliance, and remands.
• Receive and file-stamp documents.
• Complete all worksheets for entry.
• Answer questions from the drug court team members, the treatment provider, and
Fresno County Jail (FCJ).
• Serve as liaison between courtroom and care coordination services.
• Complete minute orders/worksheets for data entry.
• Process prison packets.
• Distribute minute orders to the probation officer, attorneys, and participants.
• Distribute minute orders to the FCJ.
• File cases.
The COURT Account Clerk provides services related to fund tracking and billing.
The representative duties for Drug Court Care Coordination are detailed in Exhibit A.
Exhibit C
Page 1 of 2
1
FRESNO COUNTY
CONFIDENTIALITY REQUIREMENTS
ACKNOWLEDGEMENT AND AGREEMENT
I. INTRODUCTION
All persons working with the Fresno County Superior Court (COURT) including any of the
following: Behavioral Health Courts, Drug Courts, and Family Dependency Treatment Court will
observe and receive private and confidential information regarding court participants
(Participants). This information can include, but is not necessarily limited to, medical, mental
health, social, financial, and educational information.
All persons working with COURT are required, either by law or by the terms of their employment,
to protect the confidentiality of Participant information. For purposes of this Agreement, a person
is working with the COURT if he/she is an employee, a subcontractor, a volunteer, a student, is
assigned to a COURT program through an educational program, or is appointed to a board or
committee requiring contact with Participant information. Such persons will hereinafter be
referred to in this Agreement as “COURT personnel”.
All COURT personnel must read and sign this Acknowledgment and Agreement and agree to
protect the confidentiality of COURT’s Participant information.
II. LAWS PERTAINING TO CONFIDENTIALITY
COURT recognizes that each Participant has a right to privacy granted by Federal and State laws.
That means each Participant has a right to have their private, confidential information protected
from unauthorized disclosure. A violation of these laws can result in criminal prosecution, civil
liability, and termination of employment.
III. COURT POLICY REGARDING CONFIDENTIALITY
As a matter of policy and in compliance with Federal and State laws, all COURT personnel must
know the COURT policies and procedures regarding confidential information, including Protected
Health Information as defined by HIPAA (all requirements under HIPAA are defined in the
COUNTY Agreement with the COURT), that are necessary and appropriate to carry out his/her
function for COURT. COURT personnel must also exercise extreme care in the use of confidential
information obtained from Participants, case records, fellow workers, records and employees of
other agencies, and from any other source. COURT personnel are to refrain from seeking
confidential information on Participants if that information is not necessary to carry out his/her
work. Commentary regarding Participants as recorded in case records shall be limited to formal
discussions that are pertinent to the provision of services to Participants and/or to the formal
training of workers. All COURT personnel shall make reasonable efforts to limit requests for and
disclosures of protected health information to the minimum necessary to accomplish the intended
purpose of the use, disclosure, or request. Participation in “gossip sessions” at any time with
anyone regarding Participants and/or records is contrary to COURT policy and to the law.
Handling case records or other documents which contain Participant information in such a way
that the document is open to view by others is also contrary to COURT policy and the law. No
unauthorized person is permitted to accompany any COURT personnel in interviews with
Exhibit C
Page 2 of 2
2
Participants, whether these interviews take place on our work site, in a Participant’s home, or
elsewhere.
IV. ACKNOWLEDGEMENT AND AGREEMENT
I hereby acknowledge that I have read, and/or have had read to me, the above information
regarding confidentiality. I understand and accept my responsibilities under this agreement, and
will use all information pertaining to COURT Participants in a professional and confidential
manner. I further understand that failure to protect Participant information from unauthorized
disclosure constitutes a breach of ethics, a violation of COURT policy, and a violation of State
and Federal Law. I further understand that violation of this policy can result in disciplinary action,
up to and including termination of my contracted services.
Name (please print)
Signature
Title Date
WITNESS:
Signature
Title Date
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
1
rev 2017 Dec
DBH VISION:
Health and well-being for our community.
DBH MISSION:
The Department of Behavioral Health is dedicated to supporting the wellness of individuals,
families and communities in Fresno County who are affected by, or are at risk of, mental illness
and/or substance use disorders through cultivation of strengths toward promoting recovery in
the least restrictive environment.
DBH GOALS:
Quadruple Aim
•Deliver quality care
•Maximize resources while focusing on efficiency
•Provide an excellent care experience
•Promote workforce well-being
GUIDING PRINCIPLES OF CARE DELIVERY:
The DBH 11 principles of care delivery define and guide a system that strives for excellence in the
provision of behavioral health services where the values of wellness, resiliency, and recovery are
central to the development of programs, services, and workforce. The principles provide the
clinical framework that influences decision-making on all aspects of care delivery including
program design and implementation, service delivery, training of the workforce, allocation of
resources, and measurement of outcomes.
1.Principle One - Timely Access & Integrated Services
o Individuals and families are connected with services in a manner that is streamlined,
effective, and seamless
o Collaborative care coordination occurs across agencies, plans for care are integrated,
and whole person care considers all life domains such as health, education,
employment, housing, and spirituality
o Barriers to access and treatment are identified and addressed
o Excellent customer service ensures individuals and families are transitioned from one
point of care to another without disruption of care
2.Principle Two - Strengths-based
o Positive change occurs within the context of genuine trusting relationships
Exhibit D
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
2
rev 2017 Dec
o Individuals, families, and communities are resourceful and resilient in the way they
solve problems
o Hope and optimism is created through identification of, and focus on, the unique
abilities of individuals and families
3.Principle Three - Person-driven and Family-driven
o Self-determination and self-direction are the foundations for recovery
o Individuals and families optimize their autonomy and independence by leading the
process, including the identification of strengths, needs, and preferences
o Providers contribute clinical expertise, provide options, and support individuals and
families in informed decision making, developing goals and objectives, and identifying
pathways to recovery
o Individuals and families partner with their provider in determining the services and
supports that would be most effective and helpful and they exercise choice in the
services and supports they receive
4.Principle Four - Inclusive of Natural Supports
o The person served identifies and defines family and other natural supports to be
included in care
o Individuals and families speak for themselves
o Natural support systems are vital to successful recovery and the maintaining of
ongoing wellness; these supports include personal associations and relationships
typically developed in the community that enhance a person’s quality of life
o Providers assist individuals and families in developing and utilizing natural supports.
5.Principle Five - Clinical Significance and Evidence Based Practices (EBP)
o Services are effective, resulting in a noticeable change in daily life that is measurable.
o Clinical practice is informed by best available research evidence, best clinical
expertise, and client values and preferences
o Other clinically significant interventions such as innovative, promising, and emerging
practices are embraced
6.Principle Six - Culturally Responsive
o Values, traditions, and beliefs specific to an individual’s or family’s culture(s) are
valued and referenced in the path of wellness, resilience, and recovery
Exhibit D
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
3
rev 2017 Dec
o Services are culturally grounded, congruent, and personalized to reflect the unique
cultural experience of each individual and family
o Providers exhibit the highest level of cultural humility and sensitivity to the self-
identified culture(s) of the person or family served in striving to achieve the greatest
competency in care delivery
7.Principle Seven - Trauma-informed and Trauma-responsive
o The widespread impacts of all types of trauma are recognized and the various
potential paths for recovery from trauma are understood
o Signs and symptoms of trauma in individuals, families, staff, and others are recognized
and persons receive trauma-informed responses
o Physical, psychological and emotional safety for individuals, families, and providers is
emphasized
8.Principle Eight - Co-occurring Capable
o Services are reflective of whole-person care; providers understand the influence of
bio-psycho-social factors and the interactions between physical health, mental health,
and substance use disorders
o Treatment of substance use disorders and mental health disorders are integrated; a
provider or team may deliver treatment for mental health and substance use
disorders at the same time
9.Principle Nine - Stages of Change, Motivation, and Harm Reduction
o Interventions are motivation-based and adapted to the client’s stage of change
o Progression though stages of change are supported through positive working
relationships and alliances that are motivating
o Providers support individuals and families to develop strategies aimed at reducing
negative outcomes of substance misuse though a harm reduction approach
o Each individual defines their own recovery and recovers at their own pace when
provided with sufficient time and support
10.Principle Ten - Continuous Quality Improvement and Outcomes-Driven
o Individual and program outcomes are collected and evaluated for quality and efficacy
o Strategies are implemented to achieve a system of continuous quality improvement
and improved performance outcomes
Exhibit D
Fresno County Department of Behavioral Health
Guiding Principles of Care Delivery
4
rev 2017 Dec
o Providers participate in ongoing professional development activities needed for
proficiency in practice and implementation of treatment models
11.Principle Eleven - Health and Wellness Promotion, Illness and Harm Prevention, and Stigma
Reduction
o The rights of all people are respected
o Behavioral health is recognized as integral to individual and community well-being
o Promotion of health and wellness is interwoven throughout all aspects of DBH services
o Specific strategies to prevent illness and harm are implemented at the individual,
family, program, and community levels
o Stigma is actively reduced by promoting awareness, accountability, and positive
change in attitudes, beliefs, practices, and policies within all systems
o The vision of health and well-being for our community is continually addressed
through collaborations between providers, individuals, families, and community
members
Exhibit D
Exhibit E
Page 1 of 1
Fresno Superior Court
Drug Court Services
FY 2018 – 2019 through FY 2022 - 2023
Budget Categories –
Line Item Description
Total Budget To be
Funded
by
County
FTE
To Be
Funded by
County
PERSONNEL SALARIES FTE
Account Clerk III .02 $998.00 .02 $998.00
Judicial Assistant II .85 $87,241.00 .70 $71,846.00
PERSONNEL SALARIES TOTAL $88,239.00 $72,844.00
OPERATING EXPENSES
Client incentives, bus tokens and program
supplies
$7,601.00 $7,601.00
OPERATING TOTAL $7,601.00 $7,601.00
TOTAL PROGRAM EXPENSES $95,840.00 $80,445.00
Exhibit F
Page 1 of 5
STATE MENTAL HEALTH REQUIREMENTS
1. CONTROL REQUIREMENTS
The COUNTY and its subcontractors shall provide services in accordance with all
applicable Federal and State statutes and regulations.
2. PROFESSIONAL LICENSURE
All (professional level) persons employed by the COUNTY Mental Health
Program (directly or through contract) providing Short-Doyle/Medi-Cal services
have met applicable professional licensure requirements pursuant to Business
and Professions and Welfare and Institutions Codes.
3. CONFIDENTIALITY
Superior Court of California, County of Fresno and its subcontractors
(hereinafter “COURT”) shall conform to and COUNTY shall monitor compliance
with all State of California and Federal statutes and regulations regarding
confidentiality, including but not limited to confidentiality of information
requirements at 42, Code of Federal Regulations sections 2.1 et seq; California
Welfare and Institutions Code, sections 14100.2, 11977, 11812, 5328; Division
10.5 and 10.6 of the California Health and Safety Code; Title 22, California Code
of Regulations, section 51009; and Division 1, Part 2.6, Chapters 1-7 of the
California Civil Code.
4. NON-DISCRIMINATION
A. Eligibility for Services
COURT shall prepare and make available to COUNTY and to the public
all eligibility requirements to participate in the program plan set forth in the
Agreement. No person shall, because of ethnic group identification, age,
gender, color, disability, medical condition, national origin, race, ancestry,
marital status, religion, religious creed, political belief, sexual preference
or gender identification be excluded from participation, be denied benefits
of, or be subject to discrimination under any program or activity receiving
Federal or State of California assistance.
B. Employment Opportunity
COURT shall comply with COUNTY policy, and the Equal Employment
Opportunity Commission guidelines, which forbids discrimination against
any person on the grounds of race, color, national origin, sex, religion,
age, disability status, sexual preference or gender identification in
employment practices. Such practices include retirement, recruitment
advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates
of pay or other forms of compensation, use of facilities, and other terms
and conditions of employment.
Exhibit F
Page 2 of 5
C. Suspension of Compensation
If an allegation of discrimination occurs, COUNTY may withhold all further
funds, until COURT can show clear and convincing evidence to the
satisfaction of COUNTY that funds provided under this Agreement were
not used in connection with the alleged discrimination.
D. Nepotism
Except by consent of COUNTY’s Department of Behavioral Health
Director, or designee, no person shall be employed by COURT who is
related by blood or marriage to, or who is a member of the Board of
Directors or an officer of COURT.
5. PATIENTS' RIGHTS
COURT shall comply with applicable laws and regulations, including but not
limited to, laws, regulations, and State policies relating to patients' rights.
STATE CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: COURT has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code§ 12990 (a-f) and CCR,
Title 2, Section 111 02) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: COURT will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-
free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free
workplace;
3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on this Agreement will:
1) receive a copy of the COURT’s drug-free workplace policy
statement; and,
2) agree to abide by the terms of the COURT’s statement as a
condition of employment on this Agreement.
Exhibit F
Page 3 of 5
Failure to comply with these requirements may result in suspension of payments
under this Agreement or termination of this Agreement or both and COURT may
be ineligible for award of any future State agreements if the department
determines that any of the following has occurred: the COURT has made false
certification, or violated the certification by failing to carry out the requirements as
noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: COURT certifies
that no more than one (1) final unappealable finding of contempt of court by a
Federal court has been issued against COURT within the immediately preceding
two (2) year period because of COURT’s failure to comply with an order of a
Federal court, which orders COURT to comply with an order of the National
Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public
entities.)
4. EXPATRIATE CORPORATIONS: COURT hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the
meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to
contract with the State of California.
5. DOMESTIC PARTNERS: For contracts of $100,000 or more, COURT certifies
that COURT is in compliance with Public Contract Code Section 10295.3.
6. GENDER IDENTITY: For contracts of $100,000 or more, COURT certifies that
COURT is in compliance with Public Contract Code Section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: COURT needs to be aware of the following
provisions regarding current or former state employees. If COURT has any
questions on the status of any person rendering services or involved with this
Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
a). No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or has a
financial interest and which is sponsored or funded by any state agency, unless
the employment, activity or enterprise is required as a condition of regular state
employment.
b). No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
Exhibit F
Page 4 of 5
a). For the two (2) year period from the date he or she left state employment,
no former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or any
part of the decision-making process relevant to the contract while employed in
any capacity by any state agency.
b). For the twelve (12) month period from the date he or she left state
employment, no former state officer or employee may enter into a contract with
any state agency if he or she was employed by that state agency in a policy-
making position in the same general subject area as the proposed contract within
the twelve (12) month period prior to his or her leaving state service.
If COURT violates any provisions of above paragraphs, such action by COURT
shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or
commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: COURT needs to be aware of
the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the
provisions, and COURT affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT: COURT assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. SUBCONTRACTOR NAME CHANGE: An amendment is required to change a
subcontractor’s name as listed on the agreement with COURT. Upon receipt of
legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval
of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the
contracting agencies will be verifying that the subcontractor(s) is currently
qualified to do business in California in order to ensure that all obligations due to
the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging
in any transaction for the purpose of financial or pecuniary gain or profit.
Although there are some statutory exceptions to taxation, rarely will a corporate
contractor performing within the state not be subject to the franchise tax.
Exhibit F
Page 5 of 5
c. Both domestic and foreign corporations (those incorporated outside of
California) must be in good standing in order to be qualified to do business in
California. Agencies will determine whether a corporation is in good standing by
calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide
the State with a copy of a resolution, order, motion, or ordinance of the local
governing body, which by law has authority to enter into an agreement,
authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the COURT
shall not be: (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to
Section 13301 of the Water Code for violation of waste discharge requirements
or discharge prohibitions; or (3) finally determined to be in violation of provisions
of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
9. INSPECTION and Audit of Records and access to Facilities.
The State, CMS, the Office of the Inspector General, the Comptroller General,
and their designees may, at any time, inspect and audit any records or
documents of COURT or its subcontractors, and may, at any time, inspect the
premises, physical facilities, and equipment where Medicaid-related activities or
work is conducted. The right to audit under this section exists for ten (10) years
from the final date of the contract period or from the date of completion of any
audit, whichever is later.
Federal database checks.
Consistent with the requirements at §455.436 of this chapter, the State must
confirm the identity and determine the exclusion status of COURT, any
subcontractor, as well as any person with an ownership or control interest, or
who is an agent or managing employee of COURT through routine checks of
Federal databases. This includes the Social Security Administration's Death
Master File, the National Plan and Provider Enumeration System (NPPES), the
List of Excluded Individuals/Entities (LEIE), the System for Award Management
(SAM), and any other databases as the State or Secretary may prescribe. These
databases must be consulted upon contracting and no less frequently than
monthly thereafter. If the State finds a party that is excluded, it must promptly
notify the COURT and take action consistent with §438.610(c).
The State must ensure that COURT with which the State contracts under this
part is not located outside of the United States and that no claims paid by a
COURT to a network provider, out-of-network provider, subcontractor or financial
institution located outside of the U.S. are considered in the development of
actuarially sound capitation rates.
JUDICIAL COUNCIL OF CALIFORNIA
455 Golden Gate Avenue . San Francisco, California 94102
MEMORANDUM
TO: County of Fresno
FROM: Oliver Cheng, Attorney
DATE: May 29, 2018
SUBJECT/
PURPOSE OF
MEMO:
Certificate of Participation: California Judicial Branch Litigation
Management Program
CONTACT FOR
FURTHER
INFORMATION:
NAME:
Oliver Cheng
TEL:
415-865-4616
EMAIL:
oliver.cheng@jud.ca.gov
PURPOSE OF MEMO
This memo responds to your request to the Superior Court of California, County of Fresno, for a
certificate of commercial liability insurance in connection with an MOU for program services.
Please retain this memo as your proof of the court’s participation in the Litigation Management
Program of the judicial branch of the State of California. This program is in lieu of commercial
liability insurance.
OVERVIEW
The superior court is an entity of the judicial branch of the State of California. The Judicial
Council of California established the Litigation Management Program to address litigation and
claims against judicial branch entities,1 including the superior courts. The program is
1 “Judicial branch entities” are defined in section 900.3 of the Government Code as including the superior courts, the
Courts of Appeal, the Supreme Court, and the Judicial Council of California. The requirements for actions against
public employees, as set forth in sections 950 through 951 of the Government Code, apply to actions against
employees of those judicial branch entities.
Exhibit G
Page 1 of 2
May 29, 2018
Page 2
administered pursuant to statutes and rules of court governing the management of litigation and
claims against California judicial branch entities and judicial officers.
Applicable Statutes
Sections 811.9 and 912.7 of the Government Code codify the responsibility of the Judicial
Council to provide representation, defense, and indemnification of the trial courts, and their
judges, subordinate judicial officers, executive officers, and employees, in accordance with
sections 810 through 995 of the Government Code. Section 965(c) codifies the responsibility of
the State of California to pay settlements and judgments arising out of the activities of a judicial
branch entity.
Applicable Rules of Court
The Litigation Management Program is administered in accordance with the California Rules of
Court, rules 10.14, 10.201, 10.202 and 10.203, which are promulgated under sections 811.9 and
912.7 of the Government Code. The rules require the Judicial Council’s Legal Services office to
manage and administer a program for investigating and resolving all claims and lawsuits
affecting the courts.
Duration of Superior Court’s Participation
The superior court’s participation in the Litigation Management Program is mandatory and
continues without interruption in accordance with the statutes and rules of court.
Exhibit G
Page 2 of 2