HomeMy WebLinkAboutMOU DPO at MHDC FY 22-23 Final.pdf 1 INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this 28th day of
3 December, 2022, by and between the FRESNO COUNTY DEPARTMENT OF BEHAVIORAL
4 HEALTH, hereinafter referred to as "DBH," and the FRESNO COUNTY PROBATION
5 DEPARTMENT, hereinafter, referred to as "PROBATION," both separate departments of the County
6 of Fresno (collectively referred to as "parties").
7 WITNESSETH:
8 WHEREAS, Assembly Bill (AB) 1810 and Senate Bill (SB) 215 (2018) amended Penal Code
9 (PC) Sections 1001.35-1001.36 to create a pathway for courts to authorize pre-trial diversion for
10 individuals with serious mental disorders who committed certain felony or misdemeanor crimes; and
11 WHEREAS, in June 2020 the Fresno County Mental Health Diversion Court, hereinafter
12 referred to as "MHDC", was established to more effectively address alternatives for individuals who
1.3 are arrested and jailed as a result of behaviors caused by their mental illness and/or conditions of
14 homelessness; and
1.5 WHEREAS, MHDC is a cross-system collaboration of the Superior Court, Office of the Public
16 Defender/Fitzgerald, Alvarez, & Ciummo and other defense attorneys, Office of the District Attorney,
17 Fresno County Sheriff-Coroner's Office (on behalf of contracted behavioral health services provided
18 in the Adult Detention Facilities, hereinafter referred to as "JAIL"), DBH and community behavioral
19 health treatment providers; and
20 WHEREAS, a probation term is not required for pre-trial diversion, but it is desired that
21 PROBATION become a collaborative partner in mental health diversion and provide services to the
22 program; and
23 WHEREAS, PROBATION is in need of funding to maintain a Deputy Probation Officer
24 assigned to MHDC; and
25 WHEREAS, DBH is willing to provide the funding for said services through California
26 Department of State Hospitals (DSH) Jail Diversion and Mental Health Realignment funds.
27 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
28 hereto agree as follows:
1 - COUNTY OF FRESNO
Fresno,CA
1 1. SERVICES
2 A. MENTAL HEALTH DIVERSION SERVICES
3 PROBATION agrees to provide a Deputy Probation Officer(DPO) for services
4 related to MHDC. Said services shall include but not be limited to:
5 1. Participation in case staffing with the MHDC Team (Superior Court,
6 Office of the Public Defender/ Fitzgerald, Alvarez, & Ciummo and other
7 defense attorneys, Office of the District Attorney, Fresno County Sheriff-
8 Coroner's Office on behalf of JAIL behavioral health services, DBH and
9 community treatment providers). Participation includes but is not limited
10 to:
11 a. Making recommendations for acceptance or denial, including review
12 of any outstanding warrants or charges in other counties; and
13 b. Reviewing MHDC participant's progress and recommending
14 sanctions/incentives.
1.5 2. Serve as Court Officer.
16 3. Connect MHDC eligible individuals to behavioral health treatment
1-7 services/programs as appropriate in order to complete suitability review.
18 4. Collaborate with the behavioral health treatment provider, assessing
19 needed medical, social, anger management, education, employment
20 and other services through pre-trial supervision program services as
21 needed.
22 5. Meet with the MHDC participant in the home, office or program.
23 6. Provide case management and supervision services through electronic
24 monitoring and drug tests if court-ordered, utilizing evidence-based
25 practices through structured risk assessments and Risk-Needs-
2 6 Responsivity (RNR) model to ensure criminogenic needs are met.
27 Case management services include but are not limited to:
28
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i a. Meetings with MHDC participant to discuss sobriety, medication
2 compliance/side effects/effectiveness, living environment, treatment
3 attendance/compliance, law enforcement contacts, physical health,
4 contact with family, family relationships and natural supports, and
5 compliance with terms and conditions of MHDC program;
6 b. Periodic home visits; and
7 c. Preparation and submission of documentation and review reports to
g MHDC as outlined in Section 9, RECORDS, in this Inter-
9 Departmental Agreement.
10 7. Collaborate with DBH as well as the other members of the MHDC Team
11 on the participant's progress and compliance with terms and conditions
12 of MHDC.
1.3 8. Collaborate with DBH, members of the MHDC Team and law
14 enforcement agencies, as applicable, to locate participants who have
15 absconded or are not in compliance with terms and conditions of
16 MHDC.
17 9. Advise JAIL behavioral health services and behavioral health treatment
1.8 providers when a MHDC participant is booked into the JAIL in order to
19 ensure they are seen immediately to assess mental health
20 condition/stability and medication needs.
21 10. Attend training as needed with costs not to exceed Eight Thousand and
,�2 No/100 Dollars ($8,000.00).
23 2. TERM
24 This Inter-Departmental Agreement shall become retroactively effective the 15' day of
25 July, 2022 and shall terminate on the 3011' day of June, 2023.
26 3. TERMINATION
27 A. Non-Allocation of Funds—The terms of this Inter-Departmental Agreement,
2 6 and the services to be provided thereunder, are contingent upon the approval of funds by the
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1 appropriating government agency. Should sufficient funds not be allocated, the services provided
2 may be modified, or this Inter-Departmental Agreement terminated at any time by either party giving
3 the other thirty (30) days advance written notice.
4 B. Breach of Contract— DBH may immediately suspend or terminate this Inter-
5 Departmental Agreement in whole or in part, wherein the determination of DBH there is:
6 1) An illegal or improper use of funds;
7 2) A failure to comply with any term of this Inter-Departmental Agreement;
8 3) A substantially incorrect or incomplete report submitted to DBH;
9 4) Improperly performed service.
10 In no event shall any payment by DBH constitute a waiver by DBH of any
11 breach of this Inter-Departmental Agreement or any default, which may then exist on the part of
12 DBH. Neither shall such payment impair or prejudice any remedy available to DBH with respect to
13 the breach or default. DBH shall have the right to demand of PROBATION the repayment to DBH of
14 any funds disbursed to PROBATION under this Inter-Departmental Agreement, which in the
1-5 judgment of DBH were not expended in accordance with the terms of this Inter-Departmental
16 Agreement. PROBATION shall promptly refund any funds upon demand or, at DBH's option such
1.7 repayment shall be deducted from future payments owing to PROBATION under this Inter-
18 Departmental Agreement,
19 C. Without Cause— Under circumstances other than those set forth above, this
20 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty (30) days
21 advance written notice of an intention to terminate. Notwithstanding the above, termination of this
22 Inter-Departmental Agreement shall not affect any pending activities, which shall be handled to their
23 conclusion by PROBATION.
24 4. COMPENSATION
25 The maximum amount of compensation paid to PROBATION by DBH for services
26 under this Inter-Departmental Agreement shall not exceed One Hundred and Forty-Five Thousand,
27 Five Hundred Ninety-Eight and No/100 Dollars ($145,598.00) for the period of July 1 2022 through
3 June 30, 2023. It is understood by all parties that up to Eight Thousand and No/100 Dollars
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Fresno,CA
1 ($8,000.00) may be utilized by Probation for training costs.
2 Payments by DBH to PROBATION shall be in arrears, for services provided during
3 the preceding quarter, within forty-five (45) days after receipt, verification and approval of
4 PROBATION invoices by DBH. If PROBATION should fail to comply with any provision of this Inter-
s Departmental Agreement, DBH shall be relieved of its obligation for further compensation. All final
6 claims shall be submitted by PROBATION within twenty (20) days following the final quarter of
7 service for which payment is claimed. No action shall be taken by DBH on claims submitted beyond
8 the twenty (20) day closeout period. Any compensation which is not expended by PROBATION
9 pursuant to the terms and conditions of this Inter-Departmental Agreement shall automatically revert
10 to DBH.
11 5. INVOICING
12 A. PROBATION shall submit to DBH quarterly invoices that detail PROBATION's
13 requested expenditure reimbursements for actual services provided pursuant to the terms and
14 conditions of this Inter-Departmental Agreement. Quarterly claims shall itemize allowable charges
15 and shall be submitted within seven (7) calendar days of the preceding quarter's MHDC services
1.6 expenditures. Final (year-end) claims shall be submitted within twenty (20) calendar days of the
1.7 fiscal year end (June 30). Those claims not submitted by the due date will miss the State claiming
1.3 deadline and may not be claimable to the State for reimbursement.
19 B. No reimbursement for services rendered under this Inter-Departmental
20 Agreement shall be made until said invoices and supporting documentation, as requested by DBH,
21. are received and reviewed by DBH. If said invoice is incorrect or is otherwise not in proper form or
22 substance, DBH shall have the right to withhold payment as to only that portion of the invoice that is
23 incorrect or improper. DBH agrees to reimburse PROBATION in arrears, within forty-five (45)days
24 after receipt, verification, and approval of PROBATION's invoice.
25 C. Once the invoice has been approved for payment by DBH, the DBH Finance
2 6 Division shall prepare an Inter-Departmental Journal Voucher to reimburse PROBATION for
27 expenditures. The Inter-Departmental Journal Vouchers shall be subject to County, State and
2 8 Federal audits.
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i D. All costs incurred shall be supported by properly executed payrolls, time
2 records, invoices, vouchers, orders or any other accounting documents pertaining in whole or in part
3 to this Inter-Departmental Agreement and they shall be clearly identified and readily accessible to
4 DBH upon request. The supporting documentation must indicate the line-item budget account to
5 which the cost is charged, if applicable.
6 E. Invoices and all supporting documentation shall be sent to
7 dbhinvoicereview@fresnocountyca.gov, DBH-Invoices@fresnocountyca.gov,
8 DBHContractedServices@fresnocountyca.gov and assigned Contract Staff Analyst.
9 6. MODIFICATION
10 Any matters of this Inter-Departmental Agreement may be modified from time to time
11 by the written consent of DBH and PROBATION without in any way affecting the remainder.
12 7. NON-ASSIGNMENT
13 Neither party shall assign and transfer this Inter-Departmental Agreement nor their
14 rights or duties under this Inter-Departmental Agreement without the prior written consent of the
15 other party.
16 8. AUDITS AND INSPECTIONS
17 PROBATION shall at any time during business hours, and as often as DBH may deem
18 necessary, make available to DBH for examination all of its records and data with respect to the
19 matters covered by this Inter-Department Agreement. PROBATION shall, upon request by DBH,
20 permit DBH to audit and inspect all such records and data necessary to ensure PROBATION's
21 compliance with the terms and conditions of this Inter-Departmental Agreement.
22 9. RECORDS
23 A. Documentation — PROBATION shall maintain statistical and fiscal information
24 required by the MHDC program including but not limited to: number and demographics of
2 5 individuals served in each MHDC phase (eligibility, suitability and diversion); diversion completion
2 6 and terminations-, nature of charges and diagnoses; structured risk assessment results; office visits;
27 home visits; positive drug tests; and violations of program conditions. Further, PROBATION shall
28 maintain records of the following services provided by the assigned DPO in order to collect outcome
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I measurements and to aid in the evaluation of services provided as described in Section 1,
2 SERVICES, of this Inter-Departmental Agreement: referrals and linkages to behavioral health
3 treatment, anger management, medical, social, anger management, education, employment and
4 other services; and community supervision services including electronic monitoring and drug tests.
5 Support services for each individual served needs to be documented in the individual's records and
6 be related to their diversion plan. These service records shall contain all the data necessary for
7 reporting to the State of California, and as requested, to DBH.
8 B. Outcome Reports
9 PROBATION shall submit to DBH service outcome reports as requested by
10 DBH and include a cost per individual served. Outcome reports and outcome requirements are
11 subject to change at DBH discretion.
]-2 C. DSH Diversion Reports
13 DBH is responsible for providing a report to the State which will describe and
14 evaluate the DSH diversion funding for essential planning purposes, maintaining program
15 accountability and program monitoring. PROBATION is required to submit quarterly to DBH such
16 statutory outcome data reporting. Outcome data and report requirements are subject to change at
17 State and DBH discretion.
18 D. Fiscal Reports- PROBATION shall submit to DBH quarterly fiscal reports within
19 seven (7) calendar days after the end of each quarter and shall submit an annual year-end cost
20 report within thirty (30) calendar days after the end of each fiscal year, June 30th. Quarterly fiscal
21 reports shall summarize the claim regarding hours billed during the prior three (3) months. All
2.2 reports submitted by PROBATION to DBH shall be sent to DBH-Invoices@fresnocountyca.gov,
23 DBHContractedServices@fresnocountyca.gov and assigned Contract Staff Analyst.
24 E. Additional Reports
25 PROBATION shall also furnish to DBH such statements, records, reports, data
26 and other information as DBH may request pertaining to matters covered by this Inter-Departmental
27 Agreement.
28 F. Suspension of Compensation - In the event that PROBATION fails to provide
COUNTY OF FRESNO
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I reports or other information specified in this Inter-Departmental Agreement, it shall be deemed
2 sufficient cause for DBH to withhold payments until there is compliance.
3 G. Client Confidentiality— PROBATION shall comply with the California Welfare
4 and Institutions Code requirements, commencing with Section 5328, and Code of Federal
5 Regulations 42 Sections 2.1 et seq., regarding confidentiality of alcohol and drug abuse patient
6 records.
7 10. EVALUATION
8 DBH shall monitor and evaluate the performance of PROBATION under this Inter-
9 Departmental Agreement to determine to the best possible degree the success or failure of the
10 services provided under this Inter-Departmental Agreement. PROBATION shall participate in
11 evaluation of the program.
1-2 11. LOBBYING ACTIVITY
13 PROBATION shall not directly or indirectly use any of the funds provided under this
14 Inter-Departmental Agreement for publicity, lobbying, or propaganda purposes designed to support
15 or defeat legislation pending before the Congress of the United States of America or the Legislature
16 of the State of California.
17 12. POLITICAL ACTIVITY
18 PROBATION shall not directly or indirectly use any of the funds under this Inter-
19 Departmental Agreement for any political activity or to further the election or defeat of any candidate
20 for public office.
21 13. PROHIBITION ON PUBLICITY
22 None of the funds, materials, property or services provided directly or indirectly under
23 this Inter-Departmental Agreement shall be used for PROBATION's advertising, fundraising, or
24 publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-
25 promotion. Notwithstanding the above, publicity of the services described in Section 1, SERVICES,
26 of this Inter-Departmental Agreement shall be allowed as necessary to raise public awareness about
27 the availability of such specific services when approved in advance by the DBH Director, or
28 designee, and at a cost included within the rnaxirnum compensation, further described in Section 4,
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I COMPENSATION, for such items as written/printed materials, the use of media (i.e., radio,
2 television, newspapers) and any other related expense(s).
3 14. CONFIDENTIALITY
4 All services performed by PROBATION under this Inter-Departmental Agreement shall
5 be in strict conformance with all applicable Federal, State of California and/or local laws and
6 regulations relating to confidentiality, including but not limited to, California Civil Code Section 56 et
7 seq., Welfare and Institutions Code Sections 5328, 10850 and 14100.2, Health and Safety Code
8 Sections 11977 and 11812, 22 California Code of Regulations Section 51009, and 42 Code of
9 Federal Regulations Section 2.1 et seq.
10 PROBATION shall submit to DBH's monitoring of said compliance with all State and
11 Federal statutes and regulations regarding confidentiality. PROBATION shall ensure that no list of
12 persons receiving services under this contract is published, disclosed, or used for any other purpose
13 except for the direct administration of the program or other uses authorized by law that are not in
11 conflict with requirements for confidentiality.
25 Except as otherwise provided in this Inter-Departmental Agreement, PROBATION may
16 use or disclose Protected Health Information ("PHI") to perform functions, activities or services for or
17 on behalf of DBH, as specified in this Inter-Departmental Agreement, provided that such use or
18 disclosure shall not violate the Health Insurance Portability and Accountability Act(HIPAA), U.S.C.
19 1320d et seq., and its implementing regulations including but not limited to 45 C.F.R. Parts 142, 160,
20 162, and 164 (hereafter known as "the Privacy and Security Rules"). The uses and disclosures of
21 PHI may not be more expansive than those applicable to DBH, as the"Covered Entity" under the
Privacy Rule, except as authorized for management, administrative or legal responsibilities of
23 PROBATION.
24 PROBATION shall not use or further disclose PHI other than as permitted or required
25 by this Inter-Departmental Agreement, or as required by law.
26 PROBATION shall implement administrative, physical and technical safeguards that
27 reasonably and appropriately protect the confidentiality, integrity and availability of PHI that it
8 creates, receives, maintains, or transmits on behalf of DBH.
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1 PROBATION shall ensure that any agent, including a subcontractor to whom
PROBATION provides PHI received from DBH, or to whom PROBATION provides PHI which is
3 created on behalf of DBH, agrees to the same restrictions and conditions that apply to PROBATION
4 with respect to such information.
5 PROBATION shall report to County's DBH Director or designee in writing within five
G (5) working days of any security incident of which PROBATION becomes aware. It is understood
7 that if the security incident is not corrected within sixty (60) days of PROBATION's written notification
8 to the DBH Director, PROBATION acknowledges that the DBH Director or designee may terminate
9 this Inter-Departmental Agreement in accordance to Section 3, TERMINATION, if the DBH Director,
1.0 or designee, determines that PROBATION has violated a material term of this Inter-Departmental
11 Agreement.
12 PROBATION shall provide access, at the request of DBH, and in the time and manner
13 designated by DBH, to PHI in a designated record set (as defined in 45 C.F.R. §164.501), to an
14 individual or to DBH in order to meet the requirements of 45 C.F.R. §164.524 regarding access by
15 individual to their PHI.
16 PROBATION shall make any amendment(s) to PHI in a designated record set at the
1*7 request of DBH, and in the time and manner designated by DBH in accordance with 45 C.F.R.
18 §164.526.
19 PROBATION shall provide to DBH or to an individual, in a time and manner
20 designated by DBH, information collected in accordance with 45 C.F.R. §164.528, to permit DBH to
21 respond to a request by the individual for an accounting of disclosures of PHI in accordance with 45
22 C.F.R. §164.528.
23 PROBATION shall make internal records related to the use, disclosure, and privacy
24 protection of PHI received from PROBATION, or created/received by PROBATION on behalf of
25 DBH, available to DBH or to the Secretary of the United States Department of Health and Human
26 Services for purposes of investigating or auditing DBH's compliance with the Health Insurance
2 7 Portability and Accountability Act, in a time and manner designated by DBH or the Secretary.
28 PROBATION shall, if feasible, return or destroy all PHI received from DBH, or created
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1 or received by PROBATION on behalf of DBH upon expiration or termination of this Inter-
2 Departmental Agreement. In the event that PROBATION deems this infeasible, PROBATION shall
3 notify DBH of the conditions that make return or destruction infeasible, and upon mutual agreement
4 of the parties that return or destruction infeasible, extend the protections of this Inter-Departmental
5 Agreement to the PHI in order to limit future disclosures of PHI by PROBATION.
6 The parties agree to take such action as is necessary to amend this Inter-
Departmental Agreement as necessary for DBH to comply with the requirements of the Privacy and
8 Security Rules and the implementing regulations. Any such changes may be made with the written
9 approval of the COUNTY's Compliance Privacy Officer or designee, and/or the Security Officer, or
10 designee, should the Security Officer obtain such authority from the Board of Supervisors.
11 PROBATION shall mitigate, to the extent practicable, any harmful effect that is known
12 to PROBATION of a use or disclosure of PHI by PROBATION in violation of the requirements of this
13 Inter-Departmental Agreement.
14 15. NON-DISCRIMINATION
15 During the performance of this Agreement, PROBATION shall not deny the contract's
16 benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical
17 disability, mental disability, medical condition, genetic information, marital status, sex, gender,
18 gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall
1.9 they discriminate unlawfully against any employee or applicant for employment because of race,
20 religious creed, color, national origin, ancestry, physical disability, mental disability, medical
21 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
22 sexual orientation, or military and veteran status. PROBATION shall insure that the evaluation and
2.3 treatment of employees and applicants for employment are free of such discrimination.
24 PROBATION shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code
2.5 §12900 et seq.), the regulations promulgated thereunder(Cal. Code Regs., tit. 2, §11000 et seq.),
26 the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.
27 Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to
20 implement such article. PROBATION shall permit access by representatives of the Department of
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1 Fair Employment and Housing and the awarding state agency upon reasonable notice at any time
2 during the normal business hours, but in no case less than 24 hours' notice, to such of its books,
3 records, accounts, and all other sources of information and its facilities as said Department or
4 Agency shall require to ascertain compliance with this clause. PROBATION and its subcontractors
5 shall give written notice of their obligations under this clause to labor organizations with which they
6 have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
7 PROBATION shall include the Non-Discrimination and compliance provisions of this clause in all
8 subcontracts to perform work under the Agreement.
9 16. AMERICANS WITH DISABILITIES ACT
1.0 PROBATION agrees to ensure that deliverables developed and produced, pursuant to
11 this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation
12 Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794 (d)), and
13 regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal
14 Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies
15 to make their electronic and information technology (EIT) accessible to people with disabilities.
16 California Government Code section 11135 codifies section 508 of the Act requiring accessibility of
17 electronic and information technology.
1.8 17. RELATIONSHIP OF PARTIES
19 It is understood that this is an Inter-Departmental Agreement by and between two (2)
20 separate departments of the County of Fresno and is not intended to and shall not be construed to
21 create a relationship of agent, servant, employee, partnership,joint venture or association.
22_ 18. GOVERNING LAW
:2 3 The rights and obligations of the parties and all interpretation and performance of this
24 Inter-Departmental Agreement shall be governed in all respects by all Federal, State and local
25 statutes and regulations.
26 19. ENTIRE AGREEMENT
27 This Inter-Departmental Agreement constitutes the entire Inter-Departmental
2 Agreement between DBH and PROBATION with respect to the subject matter hereof and
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I supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements,
2 publications and understandings of any nature whatsoever unless expressly included in this Inter-
3 Departmental Agreement.
4 IN WITNESS WHEREOF, the parties hereto have executed this Inter-Departmental
5 Agreement as of the day and year first herein above written.
6
7
DEPARTMENT OF BEHAVIORAL PROBATION DEPARTMENT
8 HEALTH
10 By: By:
1 Susan L. H Director KA Hqj es, Chief Probation Officer
Department f Behavioral Health Probation Department
12
13 //
Date: CJ Date: l Z �f
14
15
16
L 7 DBH
18 Fund/Subclass: 0001/10000
Organization No.: 56302361 (FY 22-23: $98,815)
19 56302091 (FY 22-23: $46,783)
Expenditure Account/Program: 7295
20
21
22
PROBATION
28 Fund/Subclass: 0001/10000
24 Organization No.: 34300330 (FY 22-23: $145,598)
Revenue Account/Program: 5990
25
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27
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1 - COUNTY OF FRFSNO
Fresno,CA