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HomeMy WebLinkAboutInter-Dept DSS DPH DBH CAO-County Administrative Services_D-21-273.pdf D-21-273 1 INTER-DEPARTMENTAL AGREEMENT 2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this day of 3 a I y 2021, by and between the COUNTY OF FRESNO, COUNTY 4 ADMINISTRATIVE OFFICE, hereinafter referred to as "CAO", and the COUNTY OF FRESNO, 5 DEPARTMENTS OF BEHAVIORAL HEALTH, PUBLIC HEALTH, and SOCIAL 6 SERVICES, hereinafter referred to as "HUMAN SERVICES." 7 WITNESSETH: 8 WHEREAS, HUMAN SERVICES has a need for administrative support services from the 9 CAO; and 10 WHEREAS, CAO has the facilities, equipment, and personnel skilled in the provision of such 11 services; and 12 WHEREAS, CAO and HUMAN SERVICES are willing and able to coordinate any activities 13 arising from such services. 14 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties 15 hereto agree as follows: 16 1. SERVICES 17 A. CAO shall perform administrative support services including, but not limited to: 18 Inter-Departmental coordination of projects/programs, agenda item processing, research on 19 administrative policies and practices, and provision of administrative direction. 20 B. Additionally, CAO shall provide all services in accordance with the County of 21 Fresno Ordinances, Charter, Board of Supervisors Administrative Policies, CAO Management 22 Directives, Personnel Rules, Salary Resolution, or other operative resolution to personnel services 23 functions, by this reference incorporated herein. 24 2. TERM 25 This Inter-Departmental Agreement shall become effective the 1st day of July 2021 and 26 shall terminate on the 30th day of June 2022. 27 This Inter-Departmental Agreement shall automatically be extended for one (1) 28 additional twelve (12) month period, upon the same terms and conditions herein set forth, unless - 1 - COUNTY OF FRESNO Fresno, CA 1 written notice of non-renewal is given by CAO or HUMAN SERVICES or designee, not later than 2 sixty (60) days prior to the close of the current Inter-Departmental Agreement term. 3 3. TERMINATION 4 A. Non-Allocation of Funds - The terms of this Inter-Departmental Agreement, 5 and the services to be provided thereunder, are contingent on the approval of funds by the 6 appropriating Department. Should sufficient funds not be allocated, the services provided may be 7 modified, or this Inter-Departmental Agreement terminated at any time by giving CAO thirty (30) 8 days advance written notice. 9 B. Without Cause - Under circumstances other than those set forth above, this Inter- 10 Departmental Agreement may be terminated by either party upon the giving of a thirty (30) days 11 advance written notice of an intention to terminate. However, termination of this Inter-Departmental 12 Agreement shall not affect any pending activities, which shall be handled to their conclusion by CAO. 13 4. COMPENSATION 14 In consideration of the services provided pursuant to the terms and conditions of this 15 Inter-Departmental Agreement, HUMAN SERVICES agrees to compensate CAO and CAO agrees to 16 receive compensation for actual expenditures incurred, and in accordance to the budget identified in 17 Exhibit A, attached hereto and by this reference incorporated herein. In no event shall compensation 18 for services performed under this Inter-Departmental Agreement be in excess of Five Hundred Ninety- 19 One Thousand Seven Hundred Forty-Seven and No/100 Dollars ($591,747.00) for the term of July 1, 20 2021 through June 30, 2022. For the term of July 1, 2022 through June 30, 2023, in no event shall 21 compensation for services performed under this Inter-Departmental Agreement be in excess of Five 22 Hundred Ninety-One Thousand Seven Hundred Forty-Seven and No/100 Dollars ($591,747.00). The 23 cumulative total of this Inter-Departmental Agreement shall not be in excess of One Million One 24 Hundred Eighty-Three Thousand Four Hundred Ninety-Three and No/100 Dollars ($1,183,494.00). It 25 is understood that all expenses incidental to CAO's performance of services under this Inter- 2 6 Departmental Agreement shall be borne by CAO. The stated compensation shall include any and all 27 personnel, equipment, and supplies required in the performance of said services. 28 2 - COUNTY OF FRESNO Fresno, CA 1 5. INVOICING 2 CAO shall prepare Inter-Departmental journal vouchers, hereinafter referred to as JV, 3 quarterly for expenditures for services provided to HUMAN SERVICES. JVs shall include supporting 4 documents, including but not limited to dates of services, hours, and the amount(s). JVs shall be 5 subject to County, State, and Federal audits. All supporting documents shall be sent quarterly to 6 Auditor-Controller/Treasurer-Tax Collector and to the Business Office of each Department, 7 electronically. 8 6. MODIFICATION 9 A. Any matters of this Inter-Departmental Agreement may be modified from time to 10 time by the written consent of all the parties without, in any way, affecting the remainder. 11 B. CAO hereby agrees to any amendments in funding to reflect a reduction in funds 12 from State and Federal sources. In addition, this Inter-Departmental Agreement is subject to any 13 restrictions, limitations, or enactments of all legislative bodies which affect the provisions, term or 14 funding of this Inter-Departmental Agreement in any manner. 15 7. AUDITS AND INSPECTIONS 16 CAO shall at any time during business hours, and as often as HUMAN SERVICES may 17 deem necessary, make available to HUMAN SERVICES for examination all of its records and data 18 with respect to the matters covered by this Inter-Department Agreement. CAO shall, upon request by 19 HUMAN SERVICES, permit the audit and inspection of all such records and data necessary to ensure 20 CAO compliance with the terms of this Inter-Departmental Agreement. 21 8. NON-ASSIGNMENT 22 Neither party shall assign, transfer, or sub-contract this Inter-Departmental Agreement 23 nor their rights or duties under this Inter-Departmental Agreement without the prior written consent of 24 the other party. 25 9. RECORDS 26 CAO shall assume responsibility for maintaining detailed records to support its invoices 27 to HUMAN SERVICES for services provided under this Inter-Departmental Agreement. CAO shall 28 provide HUMAN SERVICES with access to said records for audit purposes. Furthermore, CAO shall - 3 - COUNTY OF FRESNO Fresno, CA 1 retain said records for a minimum of five (5) years following the expiration of this Inter-Departmental 2 Agreement. In the event of any outstanding State of California or Federal audits or exceptions, CAO 3 agrees to retain its records until such audits and exceptions are finalized. 4 10. CONFIDENTIALITY 5 All services performed by CAO under this Inter-Departmental Agreement shall be in 6 strict conformance with all applicable Federal, State of California and/or local laws and regulations 7 relating to confidentiality. 8 11. RELATIONSHIP OF PARTIES 9 It is understood that this is an Inter-Departmental Agreement by and between four-(4) 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 12. NON-DISCRIMINATION 13 A. CAO 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; Section 15 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; 16 the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans 17 with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California 18 Government Code section 11135-11139.5, as amended; California Government Code section 12940 19 (c), (h) (1), (i), and 0); California Government Code section 4450; Title 22, California Code of 20 Regulations section 98000 —98413; Title 24 of the California Code of Regulations, Section 3105A(e); 21 the Dymally-Alatorre Bilingual Services Act(California Government Code Section 7290-7299.8); 22 Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable 23 federal and state laws, as well as their implementing regulations [including 45 Code of Federal 24 Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that 25 employment practices and the administration of public assistance and social services programs are 26 nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, 27 color, disability, medical condition, national origin, race, ancestry, marital status, religion,religious 28 creed, sexual union or political belief be excluded from participation in or be denied the benefits of, or - 4 - COUNTY OF FRESNO Fresno, CA 1 be otherwise subject to discrimination under any program or activity receiving federal or state 2 financial assistance. CAO agrees that it will immediately take any measures necessary to effectuate 3 the terms of this Non-Discrimination agreement. 4 B. CAO gives the above agreement in consideration of and for the purpose of 5 obtaining any and all federal and state assistance. CAO hereby agrees that administrative 6 methods/procedures which have the effect of subjecting individuals to discrimination or defeating the 7 objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures 8 (MPP) Chapter 21, will be prohibited. 9 C. CAO agrees to compile data, maintain records and submit reports as required, to 10 permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized 11 HUMAN SERVICES, CDSS and/or federal government personnel, during normal working hours,to 12 review such records, books and accounts as needed to ascertain compliance. If there are any 13 violations of this Non-Discrimination section, CDSS shall have the right to invoke fiscal sanctions or 14 other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government 15 Code section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate 16 federal agency for further compliance action and enforcement of this section. 17 13. GOVERNING LAW 18 The rights and obligations of the parties and all interpretation and performance of this 19 Agreement shall be governed in all respects by all Federal, State and local statutes and regulations. 20 14. ENTIRE AGREEMENT 21 This Inter-Departmental Agreement, including Exhibit A, constitutes the entire Inter- 2 2 Departmental Agreement between HUMAN SERVICES and CAO with respect to the subject matter 23 hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, 24 advertisements, publications, and understandings of any nature whatsoever unless expressly included 25 in this Inter-Departmental Agreement. 26 27 28 5 - COUNTY OF FRESNO Fresno, CA 1 IN WITNESS WHEREOF,the parties hereto have caused this Inter-Departmental Agreement to 2 be executed as of the day and year first hereinabove written. 3 4 REVIEWED AND RECOMMENDED FOR APPROVAL 5 COUNTY OF FRESNO COUNTY OF FRESNO 6 COUNTY ADMINISTRATIVE OFFICE DEPARTMENT OF SOCIAL SERVICES C r 8 By: By: 9 Je ousseau, County Administrative Officer Delfino E.Neira, i ctor 10 11 12 County Administrative Office 13 Fund/Subclass 0001/10000 14 Organization 0120 Account 5990 15 16 Department of Behavioral Health 17 Fund/Subclass 0001/10000 18 Organization 5630 (56300010, 56302003, 56302080, 56304710) Account 7295 19 20 Department of Public Health 21 Fund/Subclass: 0001/10000 22 Organization: 56201500 23 Account: 7295 24 Department of Social Services 25 Fund/Subclass 0001/10000 26 Organization 56107001 27 Account 7295 28 6 _ COUNTY OF FRESNO Fresno, CA AGl'iwe Uee(& 1 By: Dawan Utecht(Jul 9,2021 11:44 PDT) 2 Dawan Utecht, Director Department of Behavioral Health 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 - COUNTY OF FRESNO Fresno, CA 1 By: 2 David Luch4 Interim Director Department of Public Health 3 4 5 6 DEN:HH 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CCUNTY CF FkEJT:O _ esro, CA Exhibit A FY 2021-22 Projections-CAO Staff Charges DSS (5610) Rate - Pay Period % of MSF Estimated Staff Est Hours Hours Time rates Revenue Primary Analyst" 40 940 50% $ 143.55 $ 134,880 Administrative Assistant 7 159 9% $ 118.50 $ 18,873 Coverage /Cross Training 15 341 18% $ 143.55 $ 48,894 Budget Team 10 235 13% $ 130.52 $ 30,659 Total 71 1674 233,305 Calculation - .90 productivity DBH (5630) Pay Period % of Estimated Staff Est Hours Hours Time Rate Revenue Primary Analyst" 40 940 50% $ 143.55 $ 134,880 Administrative Assistant 7 160 9% $ 118.50 18,928 Coverage/Cross Training 14 333 18% $ 143.55 47,781 Budget Team 10 235 13% $ 130.52 30,659 Total 71 1667 $ 232,248 Calculation - .90 productivity DPH (5620) Pay Period % of Estimated Staff Est Hours Hours Time Rate Revenue Primary Analyst 30 705 38% $ 143.55 $ 101,160 Administrative Assistant 5 117 6% $ 118.50 13,918 Coverage/Cross Training 3 70 4% $ 143.55 10,116 Total 38 893 $ 125,193 Calculation - .90 productivity Annual Projected Hours Worked Dept Charges $ 590,747 Hours 2,080 AB 109 1,000 Holidays (88) CRRG Vacation (120) FY 2021-22 Proj. $ 591,747 Estimated Hrs. Worked 1,872 Exhibit B FY 2022-23 Projections-CAO Staff Charges DSS (5610) Rate - Pay Period % of MSF Estimated Staff Est Hours Hours Time rates Revenue Primary Analyst** 40 940 50% $ 143.55 $ 134,880 Administrative Assistant 7 159 9% $ 118.50 $ 18,873 Coverage /Cross Training 15 341 18% $ 143.55 $ 48,894 Budget Team 10 235 13% $ 130.52 $ 30,659 Total 71 1674 $ 233,305 Calculation - .90 productivity DBH (5630) Pay Period % of Estimated Staff Est Hours Hours Time Rate Revenue Primary Analyst** 40 940 50% $ 143.55 $ 134,880 Administrative Assistant 7 160 9% $ 118.50 18,928 Coverage/Cross Training 14 333 18% $ 143.55 47,781 Budget Team 10 235 13% $ 130.52 30,659 Total 71 1667 $ 232,248 Calculation - .90 productivity DPH (5620) Pay Period % of Estimated Staff Est Hours Hours Time Rate Revenue Primary Analyst 30 705 38% $ 143.55 $ 101,160 Administrative Assistant 5 117 6% $ 118.50 13,918 Coverage/Cross Training 3 70 4% $ 143.55 10,116 Total 38 893 $ 125,193 Calculation - .90 productivity Annual Projected Hours Worked Dept Charges $ 590,747 Hours 2,080 AB 109 1,000 Holidays (88) CRRG Vacation (120) FY 2022-23 Proj. $ 591,747 Estimated Hrs. Worked 1,872