HomeMy WebLinkAboutFY 23-24 MOU - DBH Probation Probation and DBH signed.pdf 1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement ("Agreement") is dated and
3 is between the Fresno County Probation Department, ("Probation"), and the Fresno County
4 Department of Behavioral Health, ("DBH"), both separate departments of the County of Fresno
5 (collectively the "parties").
6 Recitals
7 A. Probation, through its Juvenile Justice Campus, has determined the need for the New
8 Horizons Program to provide persons served with substance use disorder treatment services,
9 behavioral health services and intensive outpatient services.
10 B. DBH, through its Adult System of Care Division — Forensic Behavioral Health Care
11 Services, is contracted with Mental Health Systems, Inc for the New Horizons Program at the
12 Juvenile Justice Campus through County Agreement No. A-18-622 as amended by Agreement
13 No. 18-622-1, Agreement No. 18-622-2, Agreement No. A-23-314 and Agreement No. A-23-653
14 (collectively "Agreement No. A-18-622").
15 C. DBH previously agreed to subcontract these substance use disorder services for
16 Probation's New Horizons Program at the Juvenile Justice Campus through Inter-Departmental
17 Agreement on October 18, 2022.
18 D. The purpose of this Agreement is to cover the period of time that Agreement No. A-18-
19 622 was extended.
20 The parties therefore agree as follows:
21 Article 1
22 Services
23 1.1 Scope of Services. DBH is contracted with Mental Health Systems, Inc.
24 ("Subcontractor")for substance use disorder and related services located at Probation's
25 Juvenile Justice Campus through County Agreement No. A-18-622. In the event Subcontractor
26 becomes unable to provide services during the term of the Agreement, DBH will continue to
27 provide services through an arrangement with an alternate vendor approved by both DBH and
28 Probation.
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1 1.2 Representation. DBH represents that Subcontractor is qualified, ready, willing, and
2 able to perform all of the services provided in this Agreement.
3 1.3 Compliance with Laws. DBH ensures that Subcontractor shall, at its own cost,
4 comply with all applicable federal, state, and local laws and regulations in the performance of its
5 obligations under this Agreement, including but not limited to workers compensation, labor, and
6 confidentiality laws and regulations.
7 Subcontractor shall provide services in conformance with all applicable State and
8 Federal statutes, regulations and sub regulatory guidance, as from time to time amended,
9 including but not limited to:
10 (A) California Code of Regulations, Title 9;
11 (B) California Code of Regulations, Title 22;
12 (C) California Welfare and Institutions Code, Division 5;
13 (D) United States Code of Federal Regulations, Title 42, including but not limited to
14 Parts 438 and 455;
15 (E) United States Code of Federal Regulations, Title 45;
16 (F) United States Code, Title 42 (The Public Health and Welfare), as applicable;
17 (G)Balanced Budget Act of 1997;
18 (H) Health Insurance Portability and Accountability Act (HIPAA); and
19 (1) Applicable Medi-Cal laws and regulations, including applicable sub-regulatory
20 guidance, such as Behavioral Health Information Notices (BHINs), Mental Health and
21 Substance Use Disorder Services Information Notices (MHSUDS INs), and provisions of
22 County's, state or federal contracts governing services for persons served.
23 In the event any law, regulation, or guidance referred to in this section 1.3 is
24 amended during the term of this Agreement, the parties agree to comply with the amended
25 authority as of the effective date of such amendment without amending this Agreement.
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1 Article 2
2 Reporting
3 2.1 Reports. DBH shall furnish to Probation such statements, records, reports, data, and
4 other information as Probation may request pertaining to matters covered by this Agreement. In
5 addition, DBH shall provide written notification and explanation to County within five (5) days of
6 any funds received from another source to conduct the same services covered by this
7 Agreement.
8 2.2 Monitoring. DBH agrees to extend to Probation's staff and the California
9 Department of Health Care Services (DHCS), or their designees, the right to review and monitor
10 records, programs, or procedures, at any time, in regard to persons served, as well as the
11 overall operation of DBH's programs, in order to ensure compliance with the terms and
12 conditions of this Agreement.
13 Article 3
14 Compensation, Invoices, and Payments
15 3.1 Probation agrees to pay DBH for the New Horizons Program currently provided by
16 Mental Health Systems, Inc., in County Agreement No. A-18-622.
17 3.2 Maximum Compensation. The maximum compensation paid under the terms and
18 conditions of this Inter-Departmental Agreement by Probation to DBH shall not exceed Three
19 Hundred and Four Thousand, Five Hundred and No/100 Dollars ($304,500.00). It is
20 understood by all parties that up to Four Thousand, Five Hundred and No/100 Dollars
21 ($4,500.00) may be utilized by DBH for administrative costs.
22 DBH acknowledges that Probation is a local government entity and does so with
23 notice that Probation's powers are limited by the California Constitution and by State law, and
24 with notice that DBH may receive compensation under this Agreement only for services
25 performed according to the terms of this Agreement and while this Agreement is in effect, and
26 subject to the maximum amount payable under this section. DBH further acknowledges that
27 Probation employees have no authority to pay DBH except as expressly provided in this
28 Agreement.
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1 3.3 Invoices. DBH shall submit a claim, on a quarterly basis, itemizing allowable
2 charges for actual services provided pursuant to the terms and condition of this Inter-
3 Departmental Agreement and attached all supporting documentations to Probation. Quarterly
4 claims shall be submitted to the Probation Business Office, 3333 E. American Avenue, Suite B,
5 Fresno, CA 93725 (Stop No. 250 in the County of Fresno Messenger System), or forward via e-
6 mail to ProbationInvoices@fresnocountyca.gov within twenty (20) calendar days for the
7 preceding months of New Horizons expenditures. Those claims not submitted by the due date
8 will miss the State claiming deadline and may not be claimable to the State for reimbursement.
9 Upon receipt, verification and approval of DBH 's quarterly claims by Probation. Probation shall
10 process the Vouchers for payment of the approved amount.
11 3.4 Payment. Probation shall pay each correctly completed and timely submitted invoice
12 within 45 days after receipt. Once the invoice has been approved for payment by Probation, the
13 Probation Business Office shall prepare an Inter-Departmental Journal Voucher to reimburse
14 DBH for expenditures. The Inter-Departmental Journal Vouchers shall be subject to County,
15 State and Federal audits.
16 3.5 Incidental Expenses. DBH is solely responsible for all of its costs and expenses
17 that are not specified as payable by Probation under this Agreement.
18 Article 4
19 Term of Agreement
20 4.1 Term. This Agreement is effective on the 1st day of July 2023 and terminates on the
21 301" day of June 2024, except as provided in Article 5, "Termination and Suspension," below.
22 Article 5
23 Termination and Suspension
24 5.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
25 contingent on the approval of funds by the appropriating government agency. If sufficient funds
26 are not allocated, then Probation, upon at least thirty (30) days' advance written notice to DBH,
27 may:
28 (A) Modify the services provided by Probation under this Agreement; or
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1 (B) Terminate this Agreement.
2 5.2 Termination for Breach.
3 (A) Upon determining that a breach (as defined in paragraph (C) below) has
4 occurred, the non-breaching party may give written notice of the breach to the breaching
5 party. The written notice may suspend performance under this Agreement and must
6 provide at least thirty (30) days for the breaching party to cure the breach.
7 (B) If the breaching party fails to cure the breach to the non-breaching party's
8 satisfaction within the time stated in the written notice, the non-breaching party may
9 terminate this Agreement immediately.
10 (C) For purposes of this section, a breach occurs when, in the determination of the
11 non-breaching party, the breaching party has:
12 (1) Obtained or used funds illegally or improperly;
13 (2) Failed to comply with any part of this Agreement;
14 (3) Submitted a substantially incorrect or incomplete report to the other party; or
15 (4) Improperly performed any of its obligations under this Agreement.
16 5.3 Termination without Cause. In circumstances other than those set forth above,
17 either party may terminate this Agreement by giving at least thirty (30) days advance written
18 notice of an intention to terminate.
19 5.4 No Penalty or Further Obligation. Any termination of this Agreement by either
20 party under this Article 5 is without penalty to or further obligation of either party.
21 Article 6
22 Inspections, Audits, and Public Records
23 6.1 Inspection of Documents.
24 (A) DBH shall make available to the Probation, and Probation may examine at any
25 time during business hours and as often as the Probation deems necessary, all of DBH's
26 records and data with respect to the matters covered by this Agreement, excluding
27 attorney-client privileged communications. DBH shall, upon request by the Probation,
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1 permit Probation to audit and inspect all of such records and data to ensure DBH's
2 compliance with the terms of this Agreement.
3 (B) Probation shall make available to DBH, and DBH may examine at any time during
4 business hours and as often as DBH deems necessary, all of Probation's records and data
5 with respect to the matters covered by this Agreement. Probation shall, upon request by
6 DBH permit DBH to audit and inspect all such records and data necessary to ensure
7 Probation's compliance with the terms and conditions of this Agreement.
8 Article 7
9 General Terms
10 7.1 Modification. Except as provided in Article 5, "Termination and Suspension," this
11 Agreement may not be modified, and no waiver is effective, except by written agreement signed
12 by both parties. The parties acknowledge that Probation employees and DBH employees have
13 no authority to modify this Agreement except as expressly provided in this Agreement.
14 7.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
15 under this Agreement without the prior written consent of the other party.
16 7.3 Governing Law. The laws of the State of California govern all matters arising from
17 or related to this Agreement.
18 7.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
19 County, California. Both parties consent to California jurisdiction for actions arising from or
20 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
21 brought and maintained in Fresno County.
22 7.5 Construction. The final form of this Agreement is the result of the parties' combined
23 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
24 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
25 against either party.
26 7.6 Days. Unless otherwise specified, "days" means calendar days.
27 7.7 Headings. The headings and section titles in this Agreement are for convenience
28 only and are not part of this Agreement.
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1 7.8 Severability. If anything in this Agreement is found by a court of competent
2 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
4 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
5 intent.
6 7.9 Nondiscrimination. During the performance of this Agreement, the parties shall not
7 unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical disability,
9 mental disability, medical condition, genetic information, marital status, sex, gender, gender
10 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
11 all applicable State of California and federal statutes and regulation.
12 7.10 No Waiver. Payment, waiver, or discharge by Probation of any liability or obligation
13 of DBH under this Agreement on any one or more occasions is not a waiver of performance of
14 any continuing or other obligation of DBH and does not prohibit enforcement by Probation of
15 any obligation on any other occasion.
16 7.11 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
17 entire agreement between Probation and DBH with respect to the subject matter of this
18 Agreement, and it supersedes all previous negotiations, proposals, commitments, writings,
19 advertisements, publications, and understandings of any nature unless those things are
20 expressly included in this Agreement. If there is any inconsistency between the terms of this
21 Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be
22 resolved by giving precedence first to the terms of this Agreement without its exhibits, and then
23 to the terms of the exhibits.
24 7.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
25 create any rights or obligations for any person or entity except for the parties.
26 7.13 Authorized Signature. Each party represents and warrants to the other that:
27 (A) Each party is duly authorized and empowered to sign and perform its obligations
28 under this Agreement.
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1 (B) The individual signing this Agreement on behalf of each party is duly authorized
2 to do so and his or her signature on this Agreement legally binds the party to the terms
3 of this Agreement.
4 7.14 Electronic Signatures. The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
15 handwritten signature of that person.
16 (C)The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D) Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21 paragraphs (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 (E) This Agreement is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Agreement with an original
25 handwritten signature.
26 7.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement.
28 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
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DEPARTMENT OF BEHAVIORAL PROBATION DEPARTMENT
5 HEALTH
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Susan L. Holt, LMFT, Director Kirk a nes, Chier robation Officer
g Department of Behavioral Health Probation Depment
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12 DBH
13 NEW HORIZONS ($304,500.00)
14 Fund/Subclass: 0001/10000
Organization No.: 56302081
15 Account/Program: 5957
16 PROBATION
17 NEW HORIZONS ($304,500.00)
18 Fund/Subclass: 0271/13022
Organization No.: 3434
19 Account/Program: 7910
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