HomeMy WebLinkAboutInter-Dept DPH County Counsel_D-22-167.pdf D-22-167
1 INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this 25th
3 day of April , 2022 and between the FRESNO COUNTY DEPARTMENT OF
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PUBLIC HEALTH, hereinafter referred to as "DPH", and FRESNO COUNTY COUNSEL,
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hereinafter referred to as "COUNSEL", both separate departments of the County of Fresno.
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WITNESSETH
8 WHEREAS, DPH has a need for related DPH legal services; and
g WHEREAS, COUNSEL maintains professional and support staff skilled in the provision
l o of such services.
11 NOW, THEREFORE, for the purpose of entering a plan of cooperation whereby
12 COUNSEL may obtain State and Federal funds through DPH for reimbursement of certain
13 DPH related legal services, the parties hereto agree as follows:
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1. SERVICES
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For the purpose of providing DPH related legal services, COUNSEL agrees to:
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17 Provide advice and legal assistance to DPH as necessary to assist DPH to provide
18 continuity of care within its Department of Public Health. Such advice and legal assistance
19 are intended to assist DPH to maintain the availability and adequacy of prevention,
20 intervention, and treatment services to the community:
21 (1) To preserve and protect the community/public health in the County,
22 including, if indicated, the development of ordinances, regulations, and
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orders not in conflict with general laws (Health & Safety Code section
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101025 et seq.)
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26 (2) To develop legal ordinances pertaining to community/public health and
27 sanitary matters, interpreting regulations and rules prescribed by the
28 California Department of Public Health and the California Department of
1 - COUNTY OF FRESNO
Fresno, CA
1 Health Care Services, and responding to ongoing requests from DPH on the
2 interpretation of statutes and advising on other matters related to
3 community/public health, as required.
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Provide legal advice to DPH as necessary to assist DPH to provide continuity within
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its finance and support functions. In this regard, COUNSEL'S legal services shall assist DPH
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7 in providing contract review, recommendations in personnel matters and civil rights, and legal
8 counsel on miscellaneous issues that may arise during the course of business.
9 Provide legal representation to DPH in court and administrative hearings, as staffing
10 allows.
11 COUNSEL shall also be subjected to audit and review for compliance by agencies
12 of the County, State and Federal government in the administration of the services.
13 2. TERM
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This Agreement shall become effective upon execution and remain in effect through
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16 the 30th day of June 2023. This Agreement shall continue to automatically renew for
17 successive one-year periods thereafter, unless terminated as provided in Section 3 below.
18 3. TERMINATION
19 Non-Allocation of funds—The terms of this Inter-Departmental Agreement and the
20 services to be provided thereunder is contingent on the approval of funds by the appropriating
21 government agency. Should sufficient funds not be allocated, the services may be modified,
22 or this Inter-Departmental Agreement terminated with fifteen (15) days prior written notice
23 given by one party to the other.
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Without Cause— Under Circumstances other than those set forth above, this Inter-
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26 Departmental Agreement may be terminated by either party upon the giving of thirty (30) days
27 advance written notice of an intention to terminate.
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- 2 - COUNTY OF FRESNO
Fresno, CA
1 4. COMPENSATION
2 DPH agrees to pay COUNSEL at an hourly rate set forth in the County's Master
3 Fee Schedule, currently One Hundred Fifty Dollars ($150.00) per hour of legal service
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provided pursuant to Section 1 above. In no event shall compensation exceed the amount set
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forth in the Intrafund & Interfund Revenue Form signed by both DPH and COUNSEL for the
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7 then current fiscal year. For fiscal year 2021-22 that amount is a maximum of Two Hundred
8 Forty Thousand Dollars ($240,000.00) for DPH work (56201500). DPH understands it is their
9 obligation to monitor the amounts paid to COUNSEL during the term of this Agreement in
10 relation to the maximum amounts payable and to pay for all legal services rendered under this
11 Agreement regardless of the stated maximum amounts.
12 In addition, DPH shall pay the actual and necessary costs incurred by COUNSEL in
13 representing DPH, including necessary travel expenses, as well as service of process, courier
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and transcription services, and expert witness services provided by outside vendors.
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5. INVOICING
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17 COUNSEL shall prepare and submit to DPH a billing spreadsheet that details
18 individual legal services provided, with the corresponding hours and charges, as well as those
19 actual and necessary costs incurred by COUNSEL with an invoice setting forth the total
20 amounts charged to DPH work (56201500). COUNSEL shall prepare and process the Inter-
21 Departmental Journal Voucher to transfer funds in accordance with the billing spreadsheet
22 previously submitted to DPH. These billings are subject to audit and review for compliance by
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County, State and Federal agencies in the administration of services provided.
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6. MODIFICATION
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26 Any matters of this Inter-Departmental Agreement may be modified from time to
27 time by the written consent of all the parties without, in any way, affecting the remainder.
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3 - COUNTY OF FRESNO
Fresno, CA
1 7. CONFIDENTIALITY
2 All Services performed by COUNSEL under this Inter-Departmental Agreement
3 shall be in strict conformance with all applicable Federal, State of California and/or local laws
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and regulations relating to confidentiality.
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8. NON-ASSIGNMENT
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7 Neither party shall assign, transfer, or subcontract this Inter-Departmental
8 Agreement nor their rights or duties under this Inter-Departmental Agreement without the prior
9 written consent of the other party.
10 9. AUDITS AND INSPECTIONS
11 COUNSEL shall at any time during business hours, and as often as DPH may deem
12 necessary, make available to DPH for examination all its documentation and data necessary
13 to ensure COUNSEL's compliance with the terms of this Inter-Departmental Agreement.
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COUNSEL shall, upon request by DPH, permit DPH to audit and inspect all such
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16 documentation and data necessary to ensure COUNSEL'S compliance with
17 the terms of this Inter-Departmental agreement.
18 10.RELATIONSHIP
19 It is understood that this Inter-Departmental Agreement by and between two (2)
20 separate agencies of the County of Fresno is not intended and shall not be construed to
21 create a relationship of agent, servant, employee, partnership, joint venture, or association.
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- 4 - COUNTY OF FRESNO
Fresno, CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Inter-Departmental
2 Agreement as of the day and year first hereinabove written.
3 FRESNO COUNTY FRESNO COUNTY COUNSEL:
4 DEPARTMENT OF PUBLIC HEALTH:
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7 David Dpnnny slgnotl by Devltl Luchlni
DN:m•Devltl Luhol.-US.
o=Fremo Ceunty Depenmenr of
Puhla Neeltlr, u=Atlnun15-0 00
g By Luchini D.10,hm,@2t....t..ty.gc, By y
9 David Luchini, RN, PHN Daniel C. Ce erborg
Director County Counsel
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11 Date: 4/25/2022 Date:
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- 5 - COUNTY OF FRESNO
Fresno, CA