HomeMy WebLinkAboutM-13-774 DBH - APS.pdf1 INTER-DEPARTMENTAL AGREEMENT
M-13-774
2 THIS INTER-DEPARTMENTALAGREEMENT is made and entered into this \st day of
3 J "'\~,2013,by and between the COUNTY OF FRESNO,Department of Social
4 Services,hereinafter referred to as DSS,and the COUNTY OF FRESNO,Department of
5 Behavioral Health,hereinafter referred to as "DBH".
6 WITNES SETH:
7 WHEREAS,DSS'Adult Protective Services (APS)Program is responsible for assisting
8 adult and dependent adult victims of physical and emotional abuse,neglect,exploitation,and
9 fmancial abuse;
10 WHEREAS,DBH has the necessary staff,facilities and authority to provide essential
11 services needed in connection with protection of the individual's property and finances;
12 WHEREAS,information will be collected and shared amongst the agencies as it pertains
13 to protecting the personal property of the client.
14 NOW,THEREFORE,in consideration of their mutual covenants and conditions,the
15 parties hereto agree as follows:
16 1.SERVICES
17 A.DBH shall perform all services and fulfill all responsibilities as identified in
18 Exhibit A,incorporated herein by reference and made part of this Agreement.
19 B.Additionally,DBH shall provide all services in accordance with the State of
20 California's Social Services Manual of Policies and Procedures,Eligibility and Assistance
21 Standards,incorporated herein by reference.
22 2.TERM
23 This Inter-DepartmentalAgreement shall become effective on the 1st day of July
24 2013 and shall terminate on the 30th day of June 2014.
25 This Inter-DepartmentalAgreement shall automatically be extended for an unlimited
26 number of one (1)year extensions upon the same terms and conditions herein set forth,pending
27 approval of both parties and funding,unless written notice of non-renewal is given by DSS'
28 Director or designee or DBH's Director,or designee,not later than thirty (30)days prior to the
-1 -COUNTY OF FRESNO
Fresno,CA
close of the current Agreement term.Funding for each additional one (1)year extension shall be
2 determined by approved intra-fund Agreements executed for each respective fiscal year.The
3 parties acknowledge that said intra-fund Agreements are separate from this Inter-departmental
4 Agreement.Upon execution of each intra-fund Agreement,Exhibit B attached hereto shall be
5 updated and revised to reflect the funding amount for that respective fiscal year and shall be
6 incorporated into this Inter-departmental Agreement.The parties acknowledge that said intra-fund
7 Agreements shall be completed and ratified by April 15th of each respective fiscal year.
8 3.TERMINATION
9 A.Non-Allocation of Funds -The terms of this Inter-Departmental Agreement,
10 and the services to be provided thereunder,are contingent on the approval of funds by the
11 appropriating govemment agency.Should sufficient funds not be allocated,the services provided
12 may be modified,or tills Inter-Departmental Agreement terminated at any time by giving DBH
13 thirty (30)days advance written notice.
14 B.Breach of Contract -DSS may immediately suspend or terminate this Inter-
15 Departmental Agreement in whole or in part,wherein the determination of DSS there is:
16 1)An illegal or improper use of funds;
17
18
19
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to DSS;
4)Improperly performed service.
20 In no event shall any payment by DSS constitute a waiver by DSS of any
21 breach of this Inter-Departmental Agreement or any default which may then exist on the part of
22 DBH.Neither shall such payment impair or prejudice any remedy available to DSS with respect
23 to the breach or default.DSS shall have the right to demand of DBH the repayment to DSS of any
24 funds disbursed to DBH under this Inter-Departmental Agreement,which in the judgment of
25 COUNTY were not expended in accordance with the terms of this Inter-Departmental Agreement.
26 DBH shall promptly refund any funds upon demand or,at DSS'option such repayment shall be
27 deducted from future payments owing to DBH under this Agreement.
28 III
·2-COUNTY OF FRESNO
Fresno,CA
1
COUNTY OF FRESNO
Fresno,CA
C.Without Cause -Under circumstances other than those set forth above,this
2 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty (30)
3 days advance written notice of an intention to terminate.However,termination of this Inter-
4 Departmental Agreement shall not affect any pending activities,which shall be handled to their
5 conclusion by DBH.
6 4.COMPENSATION
7 DSS agrees to pay DBH and DBH agrees to receive compensation as follows:DSS
8 agrees to pay DBH and DBH agrees to receive compensation at the hourly rate of Ninety Six and
9 Noll 00 Dollars ($96.00)for a Property Assistant andlor a Public Guardian Deputy.Payment shall
lObe made upon certification or other proof satisfactory to DSS,that services have been performed
11 by DBH as specified in this Inter-Departmental Agreement.Allowable expenditures under this
12 Inter-Departmental Agreement are specifically established and identified in Exhibit B,attached
13 hereto and by this reference incorporated herein.In no event shall actual services performed
14 under this Inter-Departmental Agreement be in excess of Thirty Six Thousand and Noll 00 Dollars
15 ($36,000.00)for each twelve month term of this Inter-Departmental Agreement.It is understood
16 that all expenses incidental to DBH performance of services under this Inter-Departmental
17 Agreement shall be borne by DBH.
18 It is acknowledged by the parties hereto that modifications to DBH's Master
19 Schedule of Fees may occur during the term of this Agreement.The parties acknowledge that the
20 rate specified in paragraph 4,"Compensation",and within Exhibit B,"Budget",may change
21 during the term of this Agreement and such rate changes must be approved by DSS'Director,or
22 designee,upon receipt of a written application for such a rate increase from DBH's Director,or
23 designee.Any such approved rate changes shall become part of tins Agreement.In the event the
24 maximize compensation amount is forecasted to be exceeded,this Agreement shall me amended.
25 To the extent permitted by State and Federal rules and regulations,advanced payment
26 of up to twenty percent (20%)of the compensation under this Agreement may be requested of
27 DSS by DBH.Advance payments shall be limited to implementation costs for new andlor
28 expanded services only.Approval of an advanced payment is at the sole discretion ofDSS'
-3 -
Director,or designee.J f advanced payment occurs,the amount of the advanced payment shall be
2 deducted in equal installments from claims submitted for the final six (6)months of this Inter-
3 Departmental Agreement.
4 Except as provided above regarding advanced payment,payments by DSS shall be in
5 arrears,for services provided during the preceding month,within forty-five (45)days after receipt
6 and verification ofDBH invoices by DSS.IfDBH should fail to comply with any provision of
7 this Agreement,DSS shall be relieved of its obligation for further compensation.All final claims
8 and/or any final budget modification requests shall be submitted by DBH within sixty (60)days
9 following the final month of service for which payment is claimed.No action shall be taken by
10 DSS on claims submitted beyond sixty (60)day closeout period.Any compensation which is not
11 expended by DBH pursuant to the terms and conditions of this Inter-Departmental Agreement
12 shall automatically revert to DSS.
13 In the event that the State of California is unable to meet its financial obligations and
14 payment to Counties for public social services is delayed,DSS may delay or defer payment to
15 DBB until such time the State budget issues are resolved.DBH must accept delayed or deferred
16 payment for services.
17 5.INVOICING
18 A.DBB shall submit to DSS monthly invoices that details DBH requested
19 expenditure reimbursement for services provided pursuant to the terms and conditions of this
20 Inter-departmental Agreement.Information on invoices shall include participant names,dates
21 services rendered,and cost incurred.Invoices shall be submitted by the 20th of the month for the
22 prior month's or quarter's expenses to DSS.
23 B.No reimbursement for services rendered under this Intra-Departmental
24 Agreement shall be made until said invoices and supporting documentation,as identified
25 hereinabove,are received and reviewed by DSS.If said invoice is incorrect or is otherwise not in
26 proper form or substance,DSS shall have the right to withhold payment as to only that portion of
27 the invoice that is incorrect or improper.DSS agrees to reimburse DBH monthly in arrears,
28 within forty-five (45)days after receipt and verification ofDBH's Invoice.
-4-COUNTY OF FRESNO
Fresno.CA
4 D.All costs shall be supported by properly executed payrolls,time records,
C.Once the invoice has been approved for payment by DSS;DSS shall prepare an
2 Inter-Department Journal Voucher to reimburse DBH for their expenditures.The Inter-
3 Departmental Journal Vouchers shall be subject to County,State and Federal audits.
5 invoices,vouchers,orders or any other accounting documents pertaining in whole or in part to this
6 Inter-Departmental Agreement and they shall be clearly identified and readily accessible.The
7 support documentation must indicate the line item budget account to which the cost is charged,if
8 applicable.
9 E.Invoices and all supporting documentation shall be sent to the Department of
10 Social Services,2135 Fresno Street,Suite 100,Fresno,CA 93721,Attention:Staff Analyst (Stop
11 No.109 in the County of Fresno Messenger System),or forwarded via email.
12
13 A.Any matters of tills Inter-Departmental Agreement may be modified from time
6.MODIFICATION
14 to time by the written consent ofDBH and DSS without,in any way,affecting the remainder.
15 B.DBH hereby agrees to any amendments in funding to reflect a reduction in
16 funds from State and Federal sources.In addition,this Inter-Departmental Agreement is subject
17 to any restrictions,limitations,or enactments of all legislative bodies which affect the provisions,
18 term or funding of this Inter-Departmental Agreement in 811ymanner,
19 7.AUDITS AND INSPECTIONS
20 DBH shall at any time during business hours,and as often as DSS may deem
21 necessary,make available to DSS for examination all of its records and data with respect to the
22 matters covered by this Inter-Department Agreement.DBH shall,upon request by DSS,permit
23 DSS to audit and inspect all such records and data necessary to ensure DBH compliance with the
24 terms of this Inter-Departmental Agreement.
25 NON-ASSIGNMENT8.
26 Neither party shall assign,transfer or subcontract this Inter-Departmental Agreement
27 nor their rights or duties under tills Inter-Departmental Agreement without the prior written
28 consent of the other party.
-5 ~COUNTY OF FRESNO
Fresno,CA
1 9.RECORDS
2 DBB shall assume responsibility for maintaining detailed records to support its
3 invoices to DSS for services provided under this Inter-Departmental Agreement.DBH shall
4 provide DSS with access to said records for audit purposes.Furthermore DBI-I,shall retain said
5 records for a minimum of five (5)years following the expiration of this Inter-Departmental
6 Agreement.In the event of any outstanding State of California or Federal audits or exceptions,
7 DBB agrees to retain its records until such audits and exceptions are finalized.
8 10.RELATIONSHIPS OF PARTIES
9 It is understood that this is an Inter-Departmental Agreement by and between two (2)
10 separate departments of the County of Fresno and is not intended to and shall not be construed to
11 create a relationship of agent,servant,employee,partnership,joint venture or association.
12 11.NON-DISCRIMINATION
13 A.DBH hereby agrees that in the performance of this Inter-Departmental
14 Agreement,it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended;
15 Section 504 of the Rehabilitation Act of 1973 as amended;the Age Discrimination Act of 1975 as
16 amended;the Food Stamp Act of 1977,as amended and in particular section 272.6;Title II of the
17 Americans with Disabilities Act of 1990;California Civil Code Section 51 et seq.,as amended;
18 California Government Code section 11135-11139.5,as amended;California Government Code
19 section 12940 (c),(h)(1),(i),and 0);California Government Code section 4450;Title 22,
20 California Code of Regulations section 98000 -98413;Title 24 of the California Code of
21 Regulations,Section 3105A(e);the Dyrnally-Alatorre Bilingual Services Act (California
22 Government Code Section 7290-7299.8);Section 1808 of the Removal of Barriers to Interethnic
23 Adoption Act of 1996;and other applicable federal and state laws,as well as their implementing
24 regulations [including 45 Code of Federal Regulations (CFR)Parts 80,84,and 91,7 CFR Part 15,
25 and 28 CFR Part 42],by ensuring that employment practices and the administration of public
26 assistance and social services programs are nondiscriminatory,to the effect that no person shall
27 because of ethnic group identification,age,sex,color,disability,medical condition,national
28 origin,race,ancestry,marital status,religion,religious creed,sexual union or political belief be
~6 ~COUNTY OF FRESNO
Fresno,CA
5
-7 -COUNTY OF FRESNO
Fresno,CA
1 excluded from participation in or be denied the benefits of,or be otherwise subject to
2 discrimination under any program or activity receiving federal or state financial assistance.DBH
3 agrees that it will immediately take any measures necessary to effectuate the terms of this Non-
4 Discrimination agreement.
B.DBH gives the above agreement in consideration of and for the purpose of
6 obtaining any and all federal and state assistance.DBH hereby agrees that administrative
7 methods/procedures which have the effect of subjecting individuals to discrimination or defeating
8 the objectives of the California Department of Social Services (CDSS)Manual of Policies and
9 Procedures (MPP)Chapter 21,will be prohibited.
10 C.DBH agrees to compile data,maintain records and submit reports as required,to
II permit effective enforcement of the aforementionedlaws,rules and regulations and permit
12 authorized DSS,CDSS and/or federal government personnel,during normal working hours,to
13 review such records,books and accounts as needed to ascertain compliance.If there are any
14 violations of tins Non-Discriminationsection,CDSS shall have the right to invoke fiscal sanctions
15 or other legal remedies in accordance with Welfare and Institutions Code section 10605,or
16 Government Code section 11135-11139.5,or any other laws,or the issue may be referred to the
17 appropriate federal agency for further compliance action and enforcement of this section.
18 Furthermore,if an allegation of discriminationoccurs,DSS may withhold all further funds,until
19 DBH can show clear and convincing evidence to the satisfaction ofDSS that funds provided under
20 this Agreement were not used in connection with the alleged discrimination.
21 D.The requirements stated above are binding on DBH directly or through contract,
22 license,or other provider services,as long as it receives federal or state assistance.
23 12.CONFIDENTIALITY
24 All services performed by DBH under tins Agreement shall be in strict conformance
25 with all applicable Federal,State of California and/or local laws and regulations relating to
26 confidentiality including,but not limited to,California Welfare and Institutions Code sections
27 10850 and 14100.2,the California Department of Social Services (CDSS)Manual of Policies and
28 Procedures,Division 19-0000the California Department of Health Services Medi-Cal Eligibility
1 Manual,Section 2H,and the Medi-Cal Data Privacy and Security Agreement between the
2 California Department of Health Care Services and the County of Fresno to assure that all
3 applications and records concerning program recipients shall be kept confidential and shall not be
4 opened to examination,publicized,disclosed or used for any purpose not directly connected with
5 administration of the program.DBH shall inform all of its employees of this provision and that
6 any person knowingly and intentionally violating this provision is guilty of a misdemeanor.The
7 confidentiality statement to be utilized by DBH is set forth in Exhibit C.DBH will provide
8 copies of the signed Confidentialityforms to DSS'designated Staff Analyst.
9 13.DATA SECURITY
10 For the purpose of preventing the potential loss,misappropriation or inadvertent
11 disclosure of DSS'data including sensitive or personal client information;abuse of County
12 resources;andlor disruption to County operations,DBH must employ adequate data security
13 measures to protect the confidential information provided to the DBH by DSS,for the purpose of
14 providing services under this Agreement as required by the County Administrative Office
15 Management Directives,Chapter 1300,Information Services.
16 Confidential client information transmitted to one party by the other by means of
17 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES)of
18 128 BIT or higher.Additionally,a password or pass phrase must be utilized.
19 DBH is responsible to immediately notify DSS of any breaches or potential breaches of
20 security related to DSS'confidential information,data maintained in computer files,program
21 documentation,data processing systems,data files and data processing equipment which stores or
22 processes DSS data internally or externally.
23 In the event of a breach of security related to DSS'confidential client information
24 provided to DBH,DSS will manage the response to the incident,however,DBB may be
25 responsible to issue any notification to affected individuals as required by law or as deemed
26 necessary by DSS in its sole discretion.DBH will be responsible for all costs incurred as a result
27 of providing the required notification.
28 III
-8 -COUNTY OF FRESNO
Fresno.CA
1 14.GOVERNING LAW
2 The rights and obligations of the parties and all interpretation and performance of this
3 Agreement shall be governed in all respects by all Federal,State and local statutes and regulations.
4 15.ENTIRE AGREEMENT
5 This Inter-Departmental Agreement,including all Exhibits,constitutes the entire Inter-
6 Departmental Agreement between DBH and DSS with respect to the subject matter hereof and
7 supersedes all previous agreement negotiations,proposals,commitments,writings,
8 advertisements,publications and understandings of any nature whatsoever unless expressly
9 included in this Inter-Departmental Agreement.
10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
11 and year first hereinabove written.
12
COUNTY OF FRESNO
13
14
15
16
17
18
19
By /~lU'-lVl-tLft/ci\,{-
Dawan Utecht,Director
Department of Behavioral Health
Date:__1_~a._fe,.;.;,...:;13'---__
20
21
By c:(}M?!-~
Howard K.Himes,Director
Department of Social Services
Date:--"",~,,-.-_2r__-_I_~__
22
23
24
25
26
27
28
DSS
Fund/S ubclass:000 III 0000
Organization:56107001
Account/Program:7295/0
DBH
0001110000
56300010
5800/0
-9 -COUNTY OF FRESNO
Fresno,CA
Exhibit A
Page 1 of2
EXHIBIT A
SUMMARY OF SERVICES
ORGANIZATION:Department of Behavioral Health-Public Guardian
ADDRESS:2085 N.Dakota Ave .•Fresno,CA 93726
TELEPHONE:(559)600-1511
SERVICE SITE:2085 N.Dakota Ave,Fresno,CA 93726
SERVICES:Conservatorship Services for DSS'Adult Protective Services Clients
PROJECT MANAGER:Jeannie Hurtado,Business Manager
CONTRACT PERIOD:July 1,2013 -June 30,2014
CONTRACT AMOUNT:$36,000
PROJECT DESCRIPTION:
The Department of Behavioral Health-Public Guardian (DBH /PG)shall provide conservatorship services
for the Department of Social Services (DSS)through this Interdepartmental Agreement.DBH PG shall
obtain state and/or federal funds through DSS for reimbursement of conservatorship activities.
I.SUMMARY OF SERVICES:
A.RESPONSIBILITIES OF DBH PG:
1.Investigate and process all conservatorship referrals originating from DSS'Adult Protective
Services to determine ifDSS consumers meet the criteria for conservatorship.
2.Determine if a conservatorship shall be appropriate.If the conservatorship is determined to be
appropriate,DBH PG shall file a petition for conservatorship at the earliest opportunity available.
3.Provide a monthly report to the Director or designee of DSS detailing the number of consumer
referrals sent to DBH PG for conservatorship placement,including the consumer name.time and
the disposition of each consumer.
B.RESPONSIBILITIES OF DSS:
1.Ensure that DSS'Adult Protective Services program shall investigate and substantiate the
appropriateness of probate conservatorship referrals in accordance with Adult Protective Services
Exhibit A
Page 20f2
requirements and mandates.
c.RESPONSIBILITIES OF DSS and DBH PG:
1.DSS'Adult Protective Services program shall submit a completed referral to DBH PG when it is
determined that DBH PO's conservatorship services may be necessary and no other reasonable
alternatives are available.
2.DBH PO shall immediately upon receipt of said completed referral from DSS'APS program
initiate an investigation for conservatorship.
3.DBH PG shall complete the initial investigation within thirty (30)days of receipt of a completed
referral from DSS'Adult Protective Services.DBH PO shall submit a written report of findings
to DSS'Adult Protective Services and shall make appropriate recommendations as to what
courses of action shall be taken.
4.DBH PG shall provide DSS'Adult Protective Services with a copy of the investigation report
when the written report of findings is submitted,as identified hereinabove.
5.IfDBH PG determines that a temporary conservatorship is necessary,a petition shall be filed with
the Court for the appointment of a temporary conservatorship.DBH PO shall petition the Court
for a temporary conservatorship in any of the following cases:
a.The proposed conservatee's estate is at risk of loss,waste,exploitation,misappropriation,
or;
b.Said proposed conservatee's physical or mental health is in jeopardy,which may result in
death or serious physical health unless immediate steps are taken.
Exhibit B
Budget
Department of Behavioral Health -Public Guardian
Contract Period:July 1,2013 to June 30,2014
Conservatorship
Services
...CoslAmourif .
$96.00 per hour Conservatorship Services for DSS Adult
Protective Services Clients
Agreement shall not exceed $36,000.
Exhibit C
Page 1 of 2
COUNTY OF FRESNO
DEPARTMENT OF SOCIAL SERVICES
CONFIDENTIALITY AGREEMENT
The intent of the Department of Social Services (Department)Confidentiality Agreement is to ensure that
County employees (other than Department employees),Contractors,Service Providers and Visitors are
aware of their responsibilities and accountability to protect the confidentiality of the Department's clients'
sensitive,personal information.
The Department's CalWORKs,Medi-Cal and MEDS confidentiality policy has been established in
accordance with Federal and State laws.Welfare and Institutions (W&I)Code,Sections 10850 and
14100.2,cite the information to be regarded confidential.This information includes all written.oral.visual
and printed applicant/recipient records,including but not limited to,names,addresses,social security
numbers,date of birth,driver's license number,case numbers,services provided,social and economic
conditions or circumstances,agency evaluation of personal information,and medical data.(See also 22
California Code of Regulations (C.C.R.),Sections 50111 and 51009.)
The California Department of Social Services (CDSS)Manual of Policies and Procedures,Division 19,
Section 19-002,titled "Confidentiality of Information",in accordance with W&I Code 10850,provides in
part that:
".1 Names,addressees and all other information concerning the circumstances of any
individual for whom or about whom information is obtained is confidential and shall be
safeguarded.This is true of all information whether written or oral.
No disclosure of any information ...shall be made ...other than in the administration of
public social services programs.
Both the release and possession of confidential information in violation of the rules of this
division are misdemeanors."
The Medi-Cal Eligibility Manual,Section 2-H,titled "Confidentiality of Medi-Cal Case Records,"referring to
Section 14100.2,a,b,f,and h,W&I Code,provides in part that:
"(a)All types of information,whether written or oral,concerning a person,made or kept by any
public office or agency in connection with the administration of any provision of this
chapter ...shall be confidential,and shall not be open to examination other than for purposes
directly connected with administration of the Medi-Cal program."
"(b)Except as provided in this section and to the extent permitted by Federal Law or regulation,
all information about applicants and recipients as provided for in subdivision (a)to be
safeguarded includes,but is not limited to,names and addresses,medical services
provided,social and economic conditions or circumstances,agency evaluation or personal
information,and medical data,including diagnosis and past history of disease or disability:
"(f)Requires agents of the State to abide by rules and regulations governing the custody,use
and preservation of all records pertaining to administration of the Medi-Cal Program."
"(h)States "any person who knowingly releases or possesses confidential information
concerning persons who have applied for or who have been granted any form of Medi-Cal
benefits ...for which State or Federal funds are made available in violation of this section is
guilty of a misdemeanor."
Exhibit C
Page 2 of 2
Please read the agreement and take due time to consider it prior to signing.
I understand County employees,Contractors,Service Providers and Visitors are prohibited from
obtaining,releasing,or using confidential client information obtained orally,from case records or
computer records for purposes not specifically related to the administration of services and authorized by
the state Welfare and Institutions Code (Sections 10850 and 14100.2).Additionally,1 agree to the same
privacy and security safeguards as are contained in the Medi-Cal Data Privacy and Security Agreement
between the Califomia Department of Health Care Services and the County of Fresno.
Further,I understand violation of confidentiality of records or of these policies which are made for
protection of confidentiality,may result in disciplinary action,termination of contractor's agreement,civil
liability,and/or criminal prosecution.
Further,I understand that the County will not provide legal protection of violations of these policies or
procedures occur.
I hereby certify that I have read this Agreement.I have knowledge of the requirements of State and
Federal confidentiality laws and will comply with its provisions.
I,the undersigned,hereby agree not to divulge any information or records concerning any client
without proper authorization by the client.
Name _
Print
Signature _
Phone#:(
Contractor/ProviderName/Organization
Address:._
City Zip