HomeMy WebLinkAboutDBH-PROBATION Adult BHC DPO FY 22-23 Signed.pdf I INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this 1st day of
3 July , 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.
7 WITNESSETH:
8 WHEREAS, in June 2008 the Fresno County Behavioral Health Court, hereinafter referred to
9 as "BHC," was established to more effectively address the increasing number of defendants
10 diagnosed with a serious mental illness entering and reentering the justice system; and
11 WHEREAS, the BHC is a cross-system collaboration of the Superior Court, Office of the Public
12 Defender, Office of the District Attorney, Fresno County Sheriff-Coroner's Office, Department of
13 Public Health (on behalf of behavioral health services provided in the Adult Detention Facilities,
14 hereinafter referred to as "JAIL"), DBH, PROBATION, private attorneys, and community treatment
15 providers; and
16 WHEREAS, it is desired that PROBATION remain a collaborative partner in the BHC and
17 provide services to the program; and
18 WHEREAS, PROBATION is in need of funding to maintain a Deputy Probation Officer
19 assigned to the adult component of BHC; and
20 WHEREAS, DBH is willing to provide the funding for said services.
21 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
22 hereto agree as follows:
23 1. SERVICES
24 A. BEHAVIORAL HEALTH COURT SERVICES
25 PROBATION agrees to provide a Deputy Probation Officer (DPO) for probation
26 services related to BHC. Said services shall include but not be limited to:
27 1. Participation in bi-weekly staffing with the BHC Treatment Team.
28 Participation includes but is not limited to:
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I a. Staffing new cases and making recommendation for acceptance or
2 denial;
3 b. Reviewing BHC probationer's progress and recommending
4 sanctions, reward, and/or possible phase promotion; and
5 c. Serving as Court Officer.
6 2. Provide intensive case management services including but not limited to:
7 a. Meetings with BHC probationer to discuss sobriety; medication
8 compliance/side effects/effectiveness; living environment; treatment
9 attendance/compliance; law enforcement contacts; compliance with
10 terms and conditions of probation; physical health; contact with family
11 and family relationships;
12 b. Periodic home visits; and
13 c. Preparation and submission of documentation and review reports to
14 BHC as outlined in Section 9, RECORDS, in this Inter-Departmental
15 Agreement.
16 3. Make referrals for necessary treatment including but not limited to mental
17 health, drug and alcohol, anger management, and medical.
18 4. Collaborate with DBH as well as the other members of the BHC
19 Treatment Team (Superior Court, Office of the Public Defender, Office of
20 the District Attorney, Fresno County Sheriff-Coroner's Office,
21 Department of Public Health (on behalf of JAIL behavioral health
22 services), private attorneys, and community treatment providers) on the
23 probationer's progress and compliance in the program.
24 5. Advise JAIL behavioral health services when an BHC probationer is
25 booked into the JAIL in order to ensure he or she is seen immediately to
26 assess mental health condition/stability and medication needs.
27 2. TERM
28 This Inter-Departmental Agreement shall become effective the 1st day of July 2022 and
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I shall terminate on the 301" day of June 2023.
2 3. TERMINATION
3 A. Non-Allocation of Funds —The terms of this Inter-Departmental Agreement, and
4 the services to be provided thereunder, are contingent upon the approval of funds by the
5 appropriating government agency. Should sufficient funds not be allocated, the services provided
6 may be modified, or this Inter-Departmental Agreement terminated at any time by either party giving
7 the other thirty (30) days advance written notice.
8 B. Breach of Contract— DBH may immediately suspend or terminate this Inter-
9 Departmental Agreement in whole or in part, wherein the determination of DBH there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Inter-Departmental Agreement;
12 3) A substantially incorrect or incomplete report submitted to DBH;
13 4) Improperly performed service.
14 In no event shall any payment by DBH constitute a waiver by DBH of any
15 breach of this Inter-Departmental Agreement or any default, which may then exist on the part of DBH.
16 Neither shall such payment impair or prejudice any remedy available to DBH with respect to the
17 breach or default. DBH shall have the right to demand of PROBATION the repayment to DBH of any
18 funds disbursed to PROBATION under this Inter-Departmental Agreement, which in the judgment of
19 DBH were not expended in accordance with the terms of this Inter-Departmental Agreement.
20 PROBATION shall promptly refund any funds upon demand or, at DBH's option such repayment shall
21 be deducted from future payments owing to PROBATION under this Inter-Departmental Agreement.
22 C. Without Cause— Under circumstances other than those set forth above, this
23 Inter-Departmental Agreement may be terminated by either party upon the giving of thirty (30) days
24 advance written notice of an intention to terminate. Notwithstanding the above, termination of this
25 Inter-Departmental Agreement shall not affect any pending activities, which shall be handled to their
26 conclusion by PROBATION.
27 4. COMPENSATION
28 In no event shall the maximum amount of compensation paid to PROBATION by DBH
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I for BHC services exceed One Hundred Seventy-Three Thousand, Nine Hundred Ninety-Three and
2 No/100 Dollars ($173,993.00)for the term of this Inter-Departmental Agreement.
3 Payments by DBH to PROBATION shall be in arrears, for services provided during the
4 preceding quarter, within forty-five (45) days after receipt, verification and approval of PROBATION
5 invoices by DBH. If PROBATION should fail to comply with any provision of this Inter-Departmental
6 Agreement, DBH shall be relieved of its obligation for further compensation. All final claims shall be
7 submitted by PROBATION within twenty (20) days following the final quarter of service for which
8 payment is claimed. No action shall be taken by DBH on claims submitted beyond the twenty (20)
9 day closeout period. Any compensation which is not expended by PROBATION pursuant to the
10 terms and conditions of this Inter-Departmental Agreement shall automatically revert 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 BHC Program
16 services expenditures. Final (year-end) claims shall be submitted within twenty (20) calendar days of
17 the fiscal year end (June 30). Those claims not submitted by the due date will miss the State
18 claiming 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
26 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
28 Federal audits.
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1 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 DBH-
7 Invoices@fresnocountyca.gov, DBHContractedServices@fresnocountyca.gov and assigned Contract
8 Staff Analyst.
9 6. MODIFICATION
10 Any matters of this Inter-Departmental Agreement may be modified from time to time by
11 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 other
15 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 its records and data with respect to the matters
19 covered by this Inter-Department Agreement. PROBATION shall, upon request by DBH, permit DBH
20 to audit and inspect all such records and data necessary to ensure PROBATION's compliance with
21 the terms and conditions of this Inter-Departmental Agreement.
22 9. RECORDS
23 A. Documentation — PROBATION shall submit quarterly statistical and
24 fiscal information required by the BHC program including but not limited to: number of individuals
25 participating in Diversion, demographics of each individual, nature of charges for each individual,
26 phases, office visits, home visits, positive drug tests, and violations of probation. Further,
27 PROBATION shall maintain records of the following services provided by the assigned DPO in order
28 to collect output measurements and to aid in the evaluation of services provided to the probationer as
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I described in Section 1, SERVICES, of this Inter-Departmental Agreement: number of individuals
2 served; nature of charges for each individual; number of office visits with BHC probationers; number
3 of home visits; and number of positive drug tests. These service records shall contain all the data
4 necessary for reporting to the State of California, and as requested, to DBH. All documents submitted
5 by PROBATION to DBH shall be sent to DBHContractedServices@fresnocountyca.gov and assigned
6 Contract Staff Analyst.
7 B. Reports - PROBATION shall submit to DBH quarterly fiscal reports within seven
8 (7) calendar days after the end of each quarter and shall submit an annual year-end cost report within
9 thirty (30) calendar days after the end of each fiscal year, June 30th. Quarterly fiscal reports shall
10 summarize the claim regarding hours billed during the prior three (3) months. All reports submitted by
11 PROBATION to DBH shall be sent to DBH-Invoices@fresnocountyca.gov,
12 DBHContractedServices@fresnocountyca.gov and assigned Contract Staff Analyst.
13 C. Suspension of Compensation - In the event PROBATION fails to provide reports
14 specified in this Inter-Departmental Agreement, it shall be deemed sufficient cause for DBH to
15 withhold payments until there is compliance.
16 D. Client Confidentiality — PROBATION shall comply with the California Welfare
17 and Institutions Code requirements, commencing with Section 5328, regarding confidentiality of
18 patient records and Code of Federal Regulations 42 Sections 2.1 et seq., regarding confidentiality of
19 substance use disorder patient records.
20 10. EVALUATION
21 DBH shall monitor and evaluate the performance of PROBATION under this Inter-
22 Departmental Agreement to determine to the best possible degree the success or failure of the
23 services provided under this Inter-Departmental Agreement. PROBATION shall participate in
24 evaluation of the program.
25 11. LOBBYING ACTIVITY
26 PROBATION shall not directly or indirectly use any of the funds provided under this
27 Inter-Departmental Agreement for publicity, lobbying, or propaganda purposes designed to support or
28 defeat legislation pending before the Congress of the United States of America or the Legislature of
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1 the State of California.
2 12. POLITICAL ACTIVITY
3 PROBATION shall not directly or indirectly use any of the funds under this Inter-
4 Departmental Agreement for any political activity or to further the election or defeat of any candidate
5 for public office.
6 13. PROHIBITION ON PUBLICITY
7 None of the funds, materials, property, or services provided directly or indirectly under
8 this Inter-Departmental Agreement shall be used for PROBATION's advertising, fundraising, or
9 publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.)for the purpose of self-
10 promotion. Notwithstanding the above, publicity of the services described in Section 1, SERVICES,
11 of this Inter-Departmental Agreement shall be allowed as necessary to raise public awareness about
12 the availability of such specific services when approved in advance by the DBH Director, or designee,
13 and at a cost included within the maximum compensation, further described in Section 4,
14 COMPENSATION, for such items as written/printed materials, the use of media (i.e., radio, television,
15 newspapers) and any other related expense(s).
16 14. CONFIDENTIALITY
17 All services performed by PROBATION under this Inter-Departmental Agreement shall
18 be in strict conformance with all applicable Federal, State of California and/or local laws and
19 regulations relating to confidentiality, including but not limited to, California Civil Code Section 56 et
20 seq., Welfare and Institutions Code Sections 5328, 10850 and 14100.2, Health and Safety Code
21 Sections 11977 and 11812, 22 California Code of Regulations Section 51009, and 42 Code of
22 Federal Regulations Section 2.1 et seq.
23 PROBATION shall submit to DBH's monitoring of said compliance with all State and
24 Federal statutes and regulations regarding confidentiality. PROBATION shall ensure that no list of
25 persons receiving services under this contract is published, disclosed, or used for any other purpose
26 except for the direct administration of the program or other uses authorized by law that are not in
27 conflict with requirements for confidentiality.
28 Except as otherwise provided in this Inter-Departmental Agreement, PROBATION may
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I use or disclose Protected Health Information ("PHI") to perform functions, activities or services for or
2 on behalf of DBH, as specified in this Inter-Departmental Agreement, provided that such use or
3 disclosure shall not violate the Health Insurance Portability and Accountability Act (HIPAA), U.S.C.
4 1320d et seq., and its implementing regulations including but not limited to 45 C.F.R. Parts 142, 160,
5 162, and 164 (hereafter known as "the Privacy and Security Rules"). The uses and disclosures of
6 PHI may not be more expansive than those applicable to DBH, as the "Covered Entity" under the
7 Privacy Rule, except as authorized for management, administrative or legal responsibilities of
8 PROBATION.
9 PROBATION shall not use or further disclose PHI other than as permitted or required
10 by this Inter-Departmental Agreement, or as required by law.
11 PROBATION shall implement administrative, physical and technical safeguards that
12 reasonably and appropriately protect the confidentiality, integrity, and availability of PHI that it
13 creates, receives, maintains, or transmits on behalf of DBH.
14 PROBATION shall ensure that any agent, including a subcontractor to whom
15 PROBATION provides PHI received from DBH, or to whom PROBATION provides PHI which is
16 created on behalf of DBH, agrees to the same restrictions and conditions that apply to PROBATION
17 with respect to such information.
18 PROBATION shall report to County's DBH Director or designee in writing within five (5)
19 working days of any security incident of which PROBATION becomes aware. It is understood that if
20 the security incident is not corrected within sixty (60) days of PROBATION's written notification to the
21 DBH Director, PROBATION acknowledges that the DBH Director or designee may terminate this
22 Inter-Departmental Agreement in accordance with Section 3, TERMINATION, if the DBH Director, or
23 designee, determines that PROBATION has violated a material term of this Inter-Departmental
24 Agreement.
25 PROBATION shall provide access, at the request of DBH, and in the time and manner
26 designated by DBH, to PHI in a designated record set (as defined in 45 C.F.R. §164.501), to an
27 individual or to DBH in order to meet the requirements of 45 C.F.R. §164.524 regarding access by
28 individual to their PHI.
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I PROBATION shall make any amendment(s) to PHI in a designated record set at the
2 request of DBH, and in the time and manner designated by DBH in accordance with 45 C.F.R.
3 §164.526.
4 PROBATION shall provide to DBH or to an individual, in a time and manner designated
5 by DBH, information collected in accordance with 45 C.F.R. §164.528, to permit DBH to respond to a
6 request by the individual for an accounting of disclosures of PHI in accordance with 45 C.F.R.
7 §164.528.
8 PROBATION shall make internal records related to the use, disclosure, and privacy
9 protection of PHI received from PROBATION, or created/received by PROBATION on behalf of DBH,
10 available to DBH or to the Secretary of the United States Department of Health and Human Services
11 for purposes of investigating or auditing DBH's compliance with the Health Insurance Portability and
12 Accountability Act, in a time and manner designated by DBH or the Secretary.
13 PROBATION shall, if feasible, return or destroy all PHI received from DBH, or created
14 or received by PROBATION on behalf of DBH upon expiration or termination of this Inter-
15 Departmental Agreement. In the event that PROBATION deems this infeasible, PROBATION shall
16 notify DBH of the conditions that make return or destruction infeasible, and upon mutual agreement of
17 the parties that return or destruction infeasible, extend the protections of this Inter-Departmental
18 Agreement to the PHI in order to limit future disclosures of PHI by PROBATION.
19 The parties agree to take such action as is necessary to amend this Inter-Departmental
20 Agreement as necessary for DBH to comply with the requirements of the Privacy and Security Rules
21 and the implementing regulations. Any such changes may be made with the written approval of the
22 COUNTY's Compliance Privacy Officer or designee, and/or the Security Officer, or designee, should
23 the Security Officer obtain such authority from the Board of Supervisors.
24 PROBATION shall mitigate, to the extent practicable, any harmful effect that is known
25 to PROBATION of a use or disclosure of PHI by PROBATION in violation of the requirements of this
26 Inter-Departmental Agreement.
27 15. NON-DISCRIMINATION
28 During the performance of this Agreement, PROBATION shall not deny the contract's
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I benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical
2 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender
3 identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they
4 discriminate unlawfully against any employee or applicant for employment because of race, religious
5 creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
6 information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
7 or military and veteran status. PROBATION shall insure that the evaluation and treatment of
8 employees and applicants for employment are free of such discrimination. PROBATION shall comply
9 with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the
10 regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article
11 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5),
12 and the regulations or standards adopted by the awarding state agency to implement such article.
13 PROBATION shall permit access by representatives of the Department of Fair Employment and
14 Housing and the awarding state agency upon reasonable notice at any time during the normal
15 business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and
16 all other sources of information and its facilities as said Department or Agency shall require to
17 ascertain compliance with this clause. PROBATION and its subcontractors shall give written notice
18 of their obligations under this clause to labor organizations with which they have a collective
19 bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) PROBATION shall include the
20 Non-Discrimination and compliance provisions of this clause in all subcontracts to perform work under
21 the Agreement.
22 16. AMERICANS WITH DISABILITIES ACT
23 PROBATION agrees to ensure that deliverables developed and produced, pursuant to
24 this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation
25 Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794 (d)), and
26 regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal
27 Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies
28 to make their electronic and information technology (EIT) accessible to people with disabilities.
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1 California Government Code section 11135 codifies section 508 of the Act requiring accessibility of
2 electronic and information technology.
3 17. RELATIONSHIP OF PARTIES
4 It is understood that this is an Inter-Departmental Agreement by and between two (2)
5 separate departments of the County of Fresno and is not intended to and shall not be construed to
6 create a relationship of agent, servant, employee, partnership,joint venture, or association.
7 18. GOVERNING LAW
8 The rights and obligations of the parties and all interpretation and performance of this
9 Inter-Departmental Agreement shall be governed in all respects by all Federal, State, and local
10 statutes and regulations.
11 19. ENTIRE AGREEMENT
12 This Inter-Departmental Agreement constitutes the entire Inter-Departmental
13 Agreement between DBH and PROBATION with respect to the subject matter hereof and supersedes
14 all previous agreement negotiations, proposals, commitments, writings, advertisements, publications
15 and understandings of any nature whatsoever unless expressly included in this Inter-Departmental
16 Agreement.
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I IN WITNESS WHEREOF, the parties hereto have executed this Inter-Departmental Agreement
as of the day and year first herein above written.
3
4
DEPARTMENT OF BEHAVIORAL PROBATION DEPARTMENT
HEALTH
6
7 By: By:
8 Susan Holt, Director Kirk Hayn `,
Department of Behavioral Health Chief Probation Officer
g Probation Department
10 Date: I')- Z?- ZO&Z Date: 30 2 Zz
12
13 DBH
Fund/Subclass: 0001/10000
14 Organization No.: 56302091
15 Expenditure Account/Program: 7295
16
17 PROBATION
Fund/Subclass: 0001/10000
1.8 Organization No.: 34300330
Revenue Account/Program: 5990
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