HomeMy WebLinkAboutFY 2022-23 Drug Court and New Horizon MOU with DBH Final.pdf 1 INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this 18th day of
3 October 2022 by and between the FRESNO COUNTY DEPARTMENT OF BEHAVIORAL
4 HEALTH, hereinafter referred to as "DBH", and the FRESNO COUNTY PROBATION DEPARTMENT,
5 hereinafter, referred to as "PROBATION," both separate departments of the County of Fresno
6 (collectively the "parties").
7 WITNESSETR
8 WHEREAS, DBH, through its Adult System of Care Division - Forensic Behavioral Health Care
9 Services, has determined a need for Fresno County residents to receive Drug Court services related
10 to substance use disorders and has determined a need for probation services; and
11 WHEREAS, funding to support the Drug Court program is available through Behavioral Health
12 Realignment; and
13 WHEREAS, PROBATION, through its Juvenile Justice Campus, has determined the need for
14 the New Horizons Program to provide persons served with substance use disorder treatment services,
15 behavioral health services and intensive outpatient services; and
16 WHEREAS, DBH, through its Adult System of Care Division - Forensic Behavioral Health Care
17 Services, has agreed to subcontract the needed substance use disorder services for PROBATION's
18 New Horizons Program at the Juvenile Justice Campus;
19 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
20 hereto agree as follows:
21 1. SERVICES
22 A DRUG COURT SERVICES
23 PROBATION agrees to provide appropriate personnel for probation services
24 related to Drug Court operations.
25 B. NEW HORIZONS PROGRAM SERVICES
26 DBH shall subcontract with a selected vendor through the County' s Request for
27 Proposal process for substance use disorder and related services located at PRO BATION's Juvenile
28 Justice Campus. The selected contractor for FY 2022-23 is Mental Health Systems, Inc., through
- - COUNTY OF FRESNO
Fresno, CA
1 Fresno County Agreement No. A- 18-622-1, by this reference incorporated herein. In the event Mental
2 Health Systems, Inc., becomes unable to provide services during the current fiscal year, DBH will
3 continue to provide services through an arrangement with an alternate vendor approved by both DBH
4 and PROBATION through the Request for Proposal process.
5 C. DBH may request additional services from PROBATION, which are not
6 otherwise provided for in this Inter-Departmental Agreement, which PROBATION, at its sole discretion,
7 may choose to provide. If PROBATION is unable to provide said additional services to DBH when
8 requested, PROBATION shall immediately notify DBH. Compensation for any such additional services
9 shall be mutually agreed upon and provided within the scope of this Inter-Departmental Agreement as
10 determined by the DBH Director or designee and PROBATION or designee, unless DBH and
11 PROBATION agree otherwise in writing.
12 D. All costs to PROBATION for services provided to Drug Court participants shall
13 be auditable based cn State and Federal regulations.
14 2. TERM
15 This Inter-Departmental Agreement shall become retroactively effective the 11 day of
16 July 2022 and shall terminate on the 301, day of June 2023.
17 3. TERMINATION
18 A. Non-Allocation of Funds - The terms of this Inter-Departmental Agreement, and
19 the services to be provided herein, are contingent upon the approval of funds by the appropriating
20 government agency. Should sufficient funds not be available, the services provided may be modified,
21 or this Inter-Departmental Agreement terminated at any time by either party giving the other thirty (30)
22 days advance written notice.
23 B. Breach of Contract- DBH may immediately suspend or terminate this Inter-
24 Departmental Agreement in whole or in part, wherein the determination of DBH there is:
25 1) An illegal or improper use of funds;
26 2) A failure to comply with any term of this Inter-Departmental Agreement;
27 3) A substantially incorrect or incomplete report submitted to DBH; or
28 4) Improperly performed service.
- 2 - COUNTY OF FRESNO
Fresno, CA
1 In no event shall any payment by DBH constitute a waiver by DBH of any
2 breach of this Inter-Departmental Agreement or any default which may then exist on the part of DBH.
3 Neither shall such payment impair or prejudice any remedy available to DBH with respect to the
4 breach or default. DBH shall have the right to demand of PROBATION the repayment to DBH of any
5 funds disbursed to PROBATION under this Inter-Departmental Agreement, which in the judgment of
6 DBH were not expended in accordance with the terms of this Inter-Departmental Agreement.
7 PROBATION shall promptly refund any funds upon demand or, at DBH's option such repayment shall
8 be deducted from future payments owing to PROBATION under this Inter-Departmental Agreement.
9 C. Without Cause - Under circumstances other than those set forth above, this
10 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty (30) days
11 advance written notice of an intention to terminate. Notwithstanding the above, termination of this
12 Inter-Departmental Agreement shall not affect any pending activities, which shall be handled to their
13 conclusion by PROBATION.
14 4. COMPENSATION
15 A. Drug Court Services
16 The maximum compensation paid under the terms and conditions of this Inter-
17 Departmental Agreement by DBH to PROBATION shall not exceed Two Hundred Ninety-Five
18 Thousand, One Hundred Fifty-Six and No/100 Dollars ($295,156.00) for the term of this Inter-
19 Departmental Agreement.
20 B PROBATION's Juvenile Justice Campus - New Horizons Program Services
21 PROBATION agrees to pay DBH for the New Horizons Program currently
22 subcontracted to Mental Health Systems, Inc., further described in Section 1 B of this Inter-
2 3 Departmental Agreement. The maximum compensation paid under the terms and conditions of this
24 Inter-Departmental Agreement by PROBATION to DBH shall not exceed Three Hundred Four
25 Thousand Five Hundred and No/100 dollars ($304,500.00). It is understood by all parties that up to
26 Four Thousand Five Hundred and No/100 Dollars ($4,500.00) may be utilized by DBH for
27 administrative costs.
28 C. Payments by DBH to PROBATION shall be in arrears, for services provided
COUNTY OF FRESNO
Fresno, CA
1 during the preceding quarter, within forty-five (45) days after receipt, verification and approval of
2 PROBATION invoices by DBH. If PROBATION should fail to comply with any provision of this Inter-
3 Departmental Agreement, DBH shall be relieved of its obligation for further compensation. All final
4 claims shall be submitted by PROBATION within twenty (20) days following the final quarter of service
5 for which payment is claimed. No action shall be taken by DBH on claims submitted beyond the twenty
6 (20) day closeout period. Any compensation which is not expended by PROBATION pursuant to the
7 terms and conditions of this Inter-Departmental Agreement shall automatically revert to DBH.
8 D. In the event funding for these services is delayed by the State Controller to
9 County, DBH may defer payment to PROBATION. The amount of the deferred payment shall not
10 exceed the amount of funding delayed by the State Controller to the County. The period of time of the
11 deferral by County shall not exceed the period of time of the State Controller's delay of payment to
12 County plus forty-five (45) days.
13 5. INVOICING
14 A. PROBATION shall submit to DBH quarterly invoices that detail PROBATION's
15 requested expenditure reimbursements for actual services provided pursuant to the terms and
16 conditions of this Inter-Departmental Agreement. Quarterly claims shall itemize allowable charges and
17 shall be submitted within seven (7) calendar days of the preceding quarter's Drug Court services
18 expenditures. Final (year-end) claims shall be submitted within twenty (20) calendar days of the fiscal
19 year end (June 30). Those claims not submitted by the due date will miss the State claiming deadline
20 and may not be claimable to the State for reimbursement.
21 B. No reimbursement for services rendered under this Inter-Departmental
22 Agreement shall be made until said invoices and supporting documentation, as requested by DBH, are
23 received and reviewed by DBH. If said invoice is incorrect or is otherwise not in proper form or
24 substance, DBH shall have the right to withhold payment as to only that portion of the invoice that is
25 incorrect or improper. DBH agrees to reimburse PROBATION in arrears, within forty-five (45) days
26 after receipt, verification and approval of PROBATION's invoice.
27 C. Once the invoice has been approved for payment by DBH, an Inter-Department
28 Journal Voucher will be prepared to reimburse PROBATION for expenditures. The Inter-Departmental
- 4 - COUNTY OF FRESNO
Fresno, CA
1 Journal Vouchers shall be subject to County, State and Federal audits.
2 D. All costs incurred shall be supported by properly executed payrolls, time
3 records, invoices, vouchers, orders or any other accounting documents pertaining in whole or in part to
4 this Inter-Departmental Agreement and they shall be clearly identified and readily accessible b DBH
5 upon request. The supporting documentation must indicate the line item budget account to which the
6 cost is charged, if applicable.
7 E Invoices and all supporting documentation shall be sent via email to
8 DBHSUDAccounting@fresnocountyca.gov, DBHContractedServices@fresnocountyca.gov and
9 assigned Contract Staff Analyst.
10 F. For PROBATION's New Horizons Program, DBH shall submit a claim, cn a
11 quarterly basis, itemizing allowable charges for services to PROBATION. Quarterly claims shall be
12 submitted to the Probation Business Office, 3333 E American Avenue, Suite B, Fresno, C4 93725
13 (Stop No. 250 in the County of Fresno Messenger System), or forward via e-mail to
14 ProbationInvoices@fresnocountyca.gov within twenty (20) calendar days for the preceding months of
15 New Horizons expenditures. Final (year-end) claims shall be submitted within twenty (20) calendar
16 days of the fiscal year end (June 30). Those claims not submitted by the due date will miss the State
17 claiming deadline and may not be claimable to the State for reimbursement. Upon receipt, verification
18 and approval of DBH 's quarterly claims by PROBATION. PROBATION shall process the Vouchers for
19 payment of the approved amount.
20 6. MODIFICATION
21 A. Any matters of this Inter-Departmental Agreement may be modified from time to
22 time by the written consent of DBH and PROBATION without in any way affecting the remainder.
23 B. PROBATION hereby agrees to any amendments in funding to reflect a reduction
24 in funds from State and Federal sources. h addition, this Inter-Departmental Agreement is subject to
25 any restrictions, limitations, or enactments of all legislative bodies which affect the provisions, term or
26 funding of this Inter-Departmental Agreement in any manner.
27 7. NON-ASSIGNMENT
28 Neither party shall assign, transfer or subcontract this Inter-Departmental Agreement
- 5 - COUNTY OF FRESNO
Fresno, CA
1 nor their rights or duties under this Inter-Departmental Agreement without the prior written consent of
2 the other party.
3 8. AUDITS AND INSPECTIONS
4 PROBATION shall at any time during business hours, and as often as DBH may deem
5 necessary, make available to DBH for examination all its records and data with respect to the matters
6 covered by this Inter-Department Agreement. PROBATION shall, upon request by DBH permit DBH to
7 audit and inspect all such records and data necessary to ensure PROBATION's compliance with the
8 terms and conditions of this Inter-Departmental Agreement.
9 9. RECORDS
10 A Documentation - PROBATION shall maintain all statistical and fiscal information
11 required by DBH, by this reference incorporated herein.
12 B. Reports - PROBATION shall submit to DBH quarterly fiscal reports within
13 twenty (20) days after the end of each quarter and shall submit an annual year-end cost report within
14 thirty (30) calendar days after the end of each fiscal year, June 30th. Quarterly fiscal reports shall
15 summarize the claim regarding hours billed during the prior three (3) months. PROBATION shall also
16 furnish to DBH such statements, records, data and information as DBH may request pertaining to
17 matters covered by this Inter-Departmental Agreement. All reports submitted by PROBATION to DBH
18 shall be sent via email to DBHSudAccounting@fresnocountyca.gov,
19 DBHContractedServices@fresnocountyca.gov and assigned Contract Staff Analyst.
20 C. Suspension of Compensation - In the event that PROBATION fails to provide
21 reports specified in this Inter-Departmental Agreement, it shall be deemed sufficient cause for DBH to
22 withhold payments until there is compliance.
23 D. Client Confidentiality- PROBATION shall comply with the California Welfare
24 and Institutions Code requirements, commencing with Section 5328, and Code of Federal Regulations
25 42, Part 2.1 etseq., regarding confidentiality of alcohol and substance use disorder patient records.
26 10. EVALUATION
27 DBH shall monitor and evaluate the performance of PROBATION under this Inter-
2 8 Departmental Agreement to determine to the best possible degree the success or failure of the
COUNTY OF FRESNO
Fresno, CA
1 services provided under this Inter-Departmental Agreement. PROBATION shall participate h
2 evaluation of the program.
3 11. LOBBYING ACTIVITY
4 PROBATION shall not directly or indirectly use any of the funds provided under this
5 Inter-Departmental Agreement for publicity, lobbying, or propaganda purposes designed to support or
6 defeat legislation pending before the Congress of the United States of America or the Legislature of
7 the State of California.
8 12. POLITICAL ACTIVITY
9 PROBATION shall not directly or indirectly use any of the funds under this Inter-
1 O Departmental Agreement for any political activity or to further the election or defeat of any candidate
11 for public office.
12 13. PROHIBITION ON PUBLICITY
13 None of the funds, materials, property or services provided directly or indirectly under
14 this Inter-Departmental Agreement shall be used for PROBATION'S advertising, fundraising, or
15 publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-
16 promotion. Notwithstanding the above, publicity of the services described in Section One (1) of this
17 Inter-Departmental Agreement shall be allowed as necessary to raise public awareness about the
18 availability of such specific services when approved in advance by the DBH Director or designee and
19 at a cost included within the maximum compensation for such items as written/printed materials, the
20 use of media (i.e., radio, television, newspapers) and any other related expense(s).
21 14, COMPLIANCE WITH LAWS/POLICIES
22 PROBATION shall comply with all applicable rules and regulations required of the Drug
23 Court program and any subsequent reporting requirements as directed by the State.
24 15. STATE ALCOHOL AND DRUG REQUIREMENTS
25 As applicable, PROBATION shall adhere to the State of California requirements,
26 including:
27 A INDEMNIFICATION
28 PROBATION agrees to indemnify, defend and save harmless the State, its
- 7 - COUNTY OF FRESNO
Fresno, CA
1 officers, agents and employees from any and all claims and losses accruing or resulting to any and all
2 contractors, subcontractors, material men, laborers and any other person, firm or corporation
3 furnishing or supplying work, services, materials or supplies in connection with the performance of this
4 Inter-Departmental Agreement and from any and all claims and losses accruing or resulting b any
5 person, firm or corporation who may be injured or damaged by PROBATION in the performance of this
6 Inter-Departmental Agreement.
7 B. INDEPENDENT CONTRACTOR
8 PROBATION and the agents and employees of PROBATION, in the
9 performance of this Inter-Departmental Agreement, shall act in an independent capacity and not as
10 officers or employees or agents of the State of California.
11 C. CONTROL REQUIREMENTS
12 This Inter-Departmental Agreement is subject to all applicable Federal and State
13 laws, regulations and standards. PROBATION shall establish written procedures consistent with
14 requirements. The provisions of this Inter-Departmental Agreement are not intended to abrogate any
15 provisions of law or regulation existing or enacted during the term of this Inter-Departmental
16 Agreement.
17 D. CONFIDENTIALITY
18 PROBATION shall conform to and DBH shall monitor compliance with all State
19 of California and Federal statutes and regulations regarding confidentiality, including but not limited to
20 confidentiality of information requirements at Part 2, Title 42, Code of Federal Regulations; California
21 Welfare and Institutions Code, Sections 14100.2, 11977, 11812, 5328; Division 10.5 and 10.6 of the
22 California Health and Safety Code; Title 22, California Code of Regulations, Section 51009; and
23 Division 1, Part 2.6, Chapters 1-7 of the California Civil Code.
24 E REPORTS
25, PROBATION agrees to participate in surveys related to the performance of this
26 Inter-Departmental Agreement and expenditure of funds and agrees to provide any such information n
27 a mutually agreed upon format.
28 F. AUDITS
COUNTY OF FRESNO
Fresno, CA
1 All State and Federal funds furnished to PROBATION pursuant to this Inter-
2 Departmental Agreement along with required County match, related patient and participant fees, third-
3 party payments, or other related revenues and funds commingled with the foregoing funds are subject
4 to audit by the State. The State may audit all alcohol and drug program revenue and expenditures
5 contained in this Inter-Departmental Agreement for the purpose of establishing the basis for the
6 subsequent year's negotiation.
7 G. RECORDS MAINTENANCE
8 1) PROBATION shall maintain books, records, documents, and other
9 evidence necessary to monitor and audit this Inter-Departmental Agreement.
10 2) PROBATION shall maintain adequate fiscal records relating to
11 individuals served under the terms of this Inter-Departmental Agreement.
12 16. CONFIDENTIALITY
13 All services performed by PROBATION under this Inter-Departmental Agreement shall
14 be in strict conformance with all applicable Federal, State of California and/or local laws and
15 regulations relating to confidentiality, including but not limited to, California Civil Code Section 56 et
16 seq., Welfare and Institutions Code Sections 5328, 10850 and 14100.2, Health and Safety Code
17 Sections 11977 and 11812, 22 California Code of Regulations Section 51009, and 42 Code of Federal
18 Regulations Sections 2.1 et seq. PROBATION shall submit to DB H's monitoring of said compliance
19 with all State and Federal statutes and regulations regarding confidentiality. PROBATION shall ensure
20 that no list of persons receiving services under this contract is published, disclosed, or used for any
21 other purpose except for the direct administration of the program or other uses authorized by law that
22 are not in conflict with requirements for confidentiality.
23 Except as otherwise provided in this Inter-Departmental Agreement, PROBATION may
24 use or disclose protected health information ("PHI") to perform functions, activities or services for or on
25 behalf of DBH, as specified in this Inter-Departmental Agreement, provided that such use or disclosure
26 shall not violate the Health Insurance Portability and Accountability Act (HIPAA), U.S.C. 1320d et seq.,
27 and its implementing regulations including but not limited to 45 C.F.R. Parts 142, 160, 162, and 164
28 (hereafter known as "the Privacy and Security Rules"). The uses and disclosures of PHI may not be
- 9 - COUNTY OF FRESNO
Fresno, CA
1 more expansive than those applicable to DBH, as the "Covered Entity" under the Privacy Rule, except
2 as authorized for management, administrative or legal responsibilities of PROBATION.
3 PROBATION shall not use or further disclose PHI other than as permitted or required
4 by this Inter-Departmental Agreement, or as required by law.
5 PROBATION shall implement administrative, physical and technical safeguards that
6 reasonably and appropriately protect the confidentiality, integrity and availability of PHI that it creates,
7 receives, maintains, or transmits cn behalf of DBH.
8 PROBATION shall ensure that any agent, including a subcontractor to whom
9 PROBATION provides PHI received from DBH, or to whom PROBATION provides PHI which is
10 created cn behalf of DBH, agrees to the same restrictions and conditions that apply to PROBATION
11 with respect to such information.
12 PROBATION shall report to County's DBH Director or designee in writing within five (5)
13 working days of any security incident of which PROBATION becomes aware. It is understood that if
14 the security incident is not corrected within sixty (60) days of PROBATION's written notification to the
15 DBH Director, PROBATION acknowledges that the DBH Director or designee may terminate this Inter-
16 Departmental Agreement in accordance with Paragraph Three (3) if the DBH Director or designee
17 determines that PROBATION has violated a material term of this Inter-Departmental Agreement.
18 PROBATION shall provide access, at the request of DBH, and in the time and manner
19 designated by DBH, to PHI n a designated record set (as defined in 45 C.F.R. §164.501), to an
20 individual or to DBH in order to meet the requirements of 45 C.F.R. §164.524 regarding access by
21 individual to their PHI.
22 PROBATION shall make any amendment(s) to PHI in a designated record set at the
23 request of DBH, and in the time and manner designated by DBH in accordance with 45
24 C.F.R.§164.526.
25 PROBATION shall provide to DBH or to an individual, in a time and manner designated
26 by DBH, information collected in accordance with 45 C.F.R. §164.528, to permit DBH to respond to a
27 request by the individual for an accounting of disclosures of PHI in accordance with 45 C.F.R.
28 §164.528.
COUNTY OF FRESNO
Fresno, CA
1 PROBATION shall make internal records related to the use, disclosure, and privacy
2 protection of PHI received from PROBATION, or created/received by PROBATION on behalf of DBH,
3 available to DBH or to the Secretary of the United States Department of Health and Human Services
4 for purposes of investigating or auditing DBH's compliance with HIPAA, in a time and manner
5 designated by DBH or the Secretary.
6 PROBATION shall, if feasible, return or destroy all PHI received from the DBH, or
7 created or received by PROBATION on behalf of DBH upon expiration or termination of this Inter-
S Departmental Agreement. In the event that PROBATION deems this infeasible, PROBATION shall
9 notify DBH of the conditions that make return or destruction infeasible, and upon mutual agreement of
10 the parties extend the protections of this Inter-Departmental Agreement to the PHI in order to limit
11 future disclosures of PHI by PROBATION.
12 The parties agree to take such action as is necessary to amend this Inter-Departmental
13 Agreement as necessary for DBH to comply with the requirements of the Privacy and Security Rules
14 and the implementing regulations. Any such changes may be made with the written approval of the
15 COUNTY's Compliance Privacy Officer or designee, and/or the Security Officer or designee should the
16 Security Officer obtain such authority from the Board of Supervisors.
17 PROBATION shall mitigate, to the extent practicable, any harmful effect that is known
18 to PROBATION of a use or disclosure of PHI by PROBATION in violation of the requirements of this
19 Inter-Departmental Agreement.
20 17. NON-DISCRIMINATION
21 A. Eligibility for Services - PROBATION shall prepare, prominently post in its
22 facility, and make available to the DBH Director or designee and to the public all eligibility
23 requirements to participate in the program funded under this Inter-Departmental Agreement.
24 PROBATION shall not deny the contract's benefits to any person on the basis of race, religious creed,
25 color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
26 information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or
27 military or veteran status as provided by State of California and Federal law in accordance with Title VI
28 of the Civil Rights Act of 1964 (42 USC Section 2000(d)); Age Discrimination Act of 1975 (42 USC
ll COUNTY OF FRESNO
Fresno, CA
1 Section 1681); Rehabilitation Act of 1973 (29 USC Section 794); Education Amendments of 1972 (20
2 USC Section 1681); Americans with Disabilities Act of 1990 (42 USC Section 12132); 45 CFR, Part
3 84; provisions of the Fair Employment and Housing Act (California Government Code § 12900); and
4 regulations promulgated thereunder (Title 2, CCR, Section 7285.0); Title 2, Division 3, Article 9.5 of
5 the California Government Code commencing with Section 11135; and Title 9, Division 4, Chapter 6 of
6 the California Code of Regulations commencing with Section 10800.
7 R Equal Opportunity - PROBATION shall comply with California Government
8 Code, Section 12990 and California Code of Regulations, Title II, Division 4, Chapter 5, in matters
9 related to the development, implementation, and maintenance of a non-discrimination program.
10 PROBATION shall not discriminate against any employee or applicant for employment because of
11 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
12 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
13 sexual orientation, or military or veteran status. Such practices include retirement, recruitment,
14 advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of
15 compensation, use of facilities, and other terms and conditions of employment. PROBATION agrees to
16 post in conspicuous places, notices available to all employees and applicants for employment setting
17 forth the provisions of the Equal Opportunity Act (42 USC Section 2000(e)) in conformance with
18 Federal Executive Order No. 11246. PROBATION agrees to comply with the provisions of the
19 Rehabilitation Act of 1973 (29 USC Section 794).
20 C. Suspension of Compensation - If an allegation of discrimination occurs, DBH
21 may withhold all further funds, until PROBATION can show by clear and convincing evidence to the
22 satisfaction of DBH that funds provided under this agreement were not used in connection with the
23 alleged discrimination.
24 D. New Facilities and Disability Access - New facilities shall be wheelchair
25 accessible and provide access to the disabled, consistent with Title 9, California Code of Regulations,
26 Section 10820. If a new facility will be utilized, a plan ensuring accessibility to the disabled must be
27 developed. DBH shall assess, monitor, and document PROBATION's compliance with the
P p
28 Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 to ensure that
2 - COUNTY OF FRESNO
Fresno, CA
1 recipients/beneficiaries and intended recipients/beneficiaries of services are provided services without
2 regard to physical or mental disability and that PROBATION has provided a facility accessible to the
3 physically disabled.
4 18. AMERICANS WITH DISABILITIES ACT
5 PROBATION agrees to ensure that deliverables developed and produced, pursuant to
6 this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation
7 Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794 (d)), and regulations
8 implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. In 1998,
9 Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic
10 and information technology (EIT) accessible to people with disabilities. California Government Code
11 section 11135 codifies section 508 of the Act requiring accessibility of electronic and information
12 technology.
13 19. RELATIONSHIP OF PARTIES
14 It is understood that this is an Inter-Departmental Agreement by and between two (2)
15 separate departments of the County of Fresno and is not intended to and shall not be construed to
16 create a relationship of agent, servant, employee, partnership, joint venture or association.
17 20. GOVERNING LAW
18 Venue for any action arising out of or related to this Inter-Departmental Agreement
19 shall only be in Fresno County, California.
20 The rights and obligations of the parties and all interpretation and performance of this
21 Inter-Departmental Agreement shall be governed in all respects by all Federal, State and local statutes
22 and regulations.
23 21. SEVERABILITY
24 The provisions of this Inter-Departmental Agreement are severable. The invalidity or
25 unenforceability of any one provision in the Agreement shall not affect the other provisions.
26 22. ENTIRE AGREEMENT
27 This Inter-Departmental Agreement constitutes the entire Inter-Departmental
28 Agreement between DBH and PROBATION with respect to the subject matter hereof and supersedes
- 13 - COUNTY OF FRESNO
Fresno, CA
1 all previous agreement negotiations, proposals, commitments, writings, advertisements, publications
2 and understandings of any nature whatsoever unless expressly included in this Inter-Departmental
3 Agreement.
4 ///
5 x
6 /II
7
8
9
10
11
12
13
14
15
16
17
18
19
2 0 /II
21 ///
22 x
23 x
24 ///
25 x
2 6 /II
27
28
14 - COUNTY OF FRESNO
Fresno, CA
1 N WITNESS WHEREOF, the parties hereto have caused this Inter-Departmental Agreement to be
2 executed as of the day and year hereinabove written.
3
4 COUNTY OF FRESNO COUNTY OF FRESNO
DEPARTMENT OF BEHAVIORAL PROBATION DEPARTMENT
5 HEALTH
6 REVIEWED AND RECOMMENDED REVIEWED AND RECOMMENDED
FOR APPROVAL: FOR APPROVAL:
7
8
9 B y: By: t
SUSAN L HOLT, Director KIRK HAYNES,, Pief Probation Officer
10 Department of Behavioral Health Probation Department
11 0 lC� Gp
12 Date: - -9�t_�•�22 - - Date: 2-
13
14 DBH
DRUG COURT ($295,156.00)
15 Fund/Subclass: 0001/10000
16 Organization No.: 56302091
Account/Program: 7295/0
17 NEW HORIZONS ($304,500.00)
18 Fund/Subclass: 0001/10000
Organization No.: 56302081
19 Account/Program: 5957
20 PROBATION
DRUG COURT ($295, 156.00)
21 Fund/Subclass: 0001/10000
22 Organization No.: 34321600
Account/Program: 5990
23
NEW HORIZONS ($304,500.00)
24 Fund/Subclass: 0271 /13020
Organization No.: 3434
25 Account/Program: 7910
26
27
28
- 15 - COUNTY OF FRESNO
Fresno, CA