HomeMy WebLinkAboutBehavioral Health Court with DBH FY 24-25.pdf 1 SERVICE AGREEMENT
2 This Inter-Departmental Agreement("Agreement") is dated and
3 is between Fresno County Probation Department, ("Probation"), and the Fresno County
4 Department of Behavioral Health, ("DBH"), a political subdivision of the State of California.
5 Recitals
6 A. In June 2008 the Fresno County Behavioral Health Court ("BHC"), was established to
7 more effectively address the increasing number of defendants diagnosed with a serious mental
8 illness entering and reentering the justice system; and
9 B. The BHC is a cross-system collaboration of the Superior Court, Office of the Public
10 Defender, Office of the District Attorney, Fresno County Sheriff-Coroner's Office, Department of
11 Public Health (on behalf of behavioral health services provided in the Adult Detention Facilities,
12 hereinafter referred to as "Jail"), DBH, Probation, private attorneys, and community treatment
13 providers; and
14 C. It is desired that Probation remains a collaborative partner in the BHC and provide
15 services to the program; and
16 D. Probation is in need of funding to maintain a Deputy Probation Officer assigned to the
17 adult component of BHC; and
18 E. DBH is willing to provide the funding for said services.
19 The parties therefore agree as follows:
20 Article 1
21 Probation's Services
22 1.1 Scope of Services. Probation shall perform all of the services provided in Exhibit A
23 to this Agreement, titled "Scope of Services."
24 1.2 Representation. Probation represents that it is qualified, ready, willing, and able to
25 perform all of the services provided in this Agreement.
26 1.3 Compliance with Laws. Probation shall, at its own cost, comply with all applicable
27 federal, state, and local laws and regulations in the performance of its obligations under this
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1 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
2 and regulations.
3 Probation shall provide services in conformance with all applicable State and Federal
4 statutes, regulations and subregulatory guidance, as from time to time amended, including but
5 not limited to:
6 (A) California Code of Regulations, Title 9; (Rehabilitative & Developmental
7 Services)
8 (B) California Code of Regulations, Title 22; (Drug Medi-Cal Patient records
9 requirements)
10 (C) California Welfare and Institutions Code, Division 5; (Community Mental Health
11 Services)
12 (D) United States Code of Federal Regulations, Title 42, including but not limited to
13 Parts 438 and 455; (Public Health, Medical Assistance Programs)
14 (E) United States Code of Federal Regulations, Title 45; (Public Welfare)
15 (F) United States Code, Title 42 (The Public Health and Welfare), as applicable;
16 (G) Balanced Budget Act of 1997; (Medicaid/Medicare)
17 (H) Health Insurance Portability and Accountability Act (HIPAA); and
18 (1) Applicable Medi-Cal laws and regulations, including applicable sub-regulatory
19 guidance, such as Behavioral Health Information Notices (BHINs), Mental Health and
20 Substance Use Disorder Services Information Notices (MHSUDS INs), and provisions of
21 County's, state or federal contracts governing services for persons served.
22 In the event any law, regulation, or guidance referred to in this section 1.3 is amended
23 during the term of this Agreement, the parties agree to comply with the amended authority as of
24 the effective date of such amendment without amending this Agreement.
25 Article 2
26 Reporting
27 2.1 Reports. Probation shall submit the following reports:
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1 (A) Documentation — Probation shall submit quarterly statistical and fiscal information
2 required by the BHC program and as described in Exhibit A, including but not limited to
3 number of individuals participating in BHC, demographics of each individual, nature of
4 charges for each individual, phases, office visits, home visits, positive drug tests, and
5 violations of probation. These service records shall contain all the data necessary for
6 reporting to the State of California, and as requested, to DBH. All documents submitted
7 by Probation to DBH shall be sent to DBHContractedServices@fresnocountyca.gov and
8 assigned Contract Staff Analyst.
9 (B) Additional Reports. Probation shall also furnish to DBH such statements, records,
10 reports, data, and other information DBH may request pertaining to matters covered by
11 this Agreement. In the event that Probation fails to provide such reports or other
12 information required hereunder, it shall be deemed sufficient cause for DBH to withhold
13 quarterly payments until there is compliance. In addition, Probation shall provide written
14 notification and explanation to DBH within five (5) days of any funds received from
15 another source to conduct the same services covered by this Agreement.
16 2.2 Monitoring. Probation agrees to extend to County's staff, County's DBH and the
17 California Department of Health Care Services(DHCS), or their designees, the right to review
18 and monitor records, programs, or procedures, at any time, in regard to persons served, as well
19 as the overall operation of Probation's programs, in order to ensure compliance with the terms
20 and conditions of this Agreement.
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22 Article 3
23 Compensation, Invoices, and Payments
24 3.1 DBH agrees to pay, and Probation agrees to receive, compensation for the
25 performance of its services under this Agreement as described in this section.
26 3.2 Maximum Compensation. The maximum compensation payable to Probation under
27 this Agreement is One Hundred Eighty Thousand, Three Hundred Twenty-Eight and No/100
28 Dollars ($180,328.00) for the term of this Inter-Departmental Agreement. Probation
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1 acknowledges that DBH is a local government entity and does so with notice that DBH's powers
2 are limited by the California Constitution and by State law, and with notice that Probation may
3 receive compensation under this Agreement only for services performed according to the terms
4 of this Agreement and while this Agreement is in effect, and subject to the maximum amount
5 payable under this section. Probation further acknowledges that DBH employees have no
6 authority to pay Probation except as expressly provided in this Agreement.
7 3.3 Invoices. Probation shall submit quarterly invoices to DBH-
8 Invoices@fresnocountyca.gov, DBHContractedServices@fresnocountyca.gov and assigned
9 Contract Staff Analyst. Quarterly invoices shall itemize hours billed during the prior three (3)
10 months for actual services provided pursuant to the terms and conditions of this Agreement.
11 Probation shall submit each invoice within 20 days after the end of the quarter in which
12 Probation performs services and in any case within 20 days after the end of the term or
13 termination of this Agreement.
14 3.4 Payment. DBH shall pay each correctly completed and timely submitted invoice
15 within 45 days after receipt. Once the invoice has been approved for payment by DBH, the DBH
16 Finance Division shall prepare an Inter-Departmental Journal Voucher to reimburse Probation
17 for expenditures. The Inter-Departmental Journal Vouchers shall be subject to County, State
18 and Federal audits.
19 3.5 Incidental Expenses. Probation is solely responsible for all of its costs and
20 expenses that are not specified as payable by DBH under this Agreement.
21 Article 4
22 Term of Agreement
23 4.1 Term. This Agreement is effective on the 1st day of July 2024 and terminates on the
24 30th day of June 2025, or Article 5, "Termination and Suspension," below.
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1 Article 5
2 Termination and Suspension
3 5.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
4 contingent on the approval of funds by the appropriating government agency. If sufficient funds
5 are not allocated, then DBH, upon at least 30 days' advance written notice to Probation, may:
6 (A) Modify the services provided by Probation under this Agreement; or
7 (B) Terminate this Agreement.
8 5.2 Termination for Breach.
9 (A) Upon determining that a breach (as defined in paragraph (C) below) has
10 occurred, DBH may give written notice of the breach to Probation. The written notice
11 may suspend performance under this Agreement and must provide at least 30 days for
12 Probation to cure the breach.
13 (B) If Probation fails to cure the breach to DBH's satisfaction within the time stated in
14 the written notice, DBH may terminate this Agreement immediately.
15 (C) For purposes of this section, a breach occurs when, in the determination of DBH,
16 Probation has:
17 (1) Obtained or used funds illegally or improperly;
18 (2) Failed to comply with any part of this Agreement;
19 (3) Submitted a substantially incorrect or incomplete report to DBH; or
20 (4) Improperly performed any of its obligations under this Agreement.
21 5.3 Termination without Cause. In circumstances other than those set forth above,
22 either party may terminate this Agreement by giving at least 30 days advance written notice to
23 the other party..
24 5.4 No Penalty or Further Obligation. Any termination of this Agreement by either
25 party under this Article 5 is without penalty to or further obligation of either party.
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2 Article 6
3 Inspections, Audits, and Public Records
4 6.1 Inspection of Documents. Probation shall make available to DBH, and DBH may
5 examine at any time during business hours and as often as DBH deems necessary, all of
6 Probation's records and data with respect to the matters covered by this Agreement, excluding
7 attorney-client privileged communications. Probation shall, upon request by DBH, permit DBH to
8 audit and inspect all of such records and data to ensure Probation's compliance with the terms
9 of this Agreement.
10 Article 7
11 General Terms
12 7.1 Modification. Except as provided in Article 5, "Termination and Suspension," this
13 Agreement may not be modified, and no waiver is effective, except by written agreement signed
14 by both parties. Probation acknowledges that DBH employees have no authority to modify this
15 Agreement except as expressly provided in this Agreement.
16 7.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
17 under this Agreement without the prior written consent of the other party.
18 7.3 Governing Law. The laws of the State of California govern all matters arising from
19 or related to this Agreement.
20 7.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
21 County, California. Probation consents to California jurisdiction for actions arising from or
22 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
23 brought and maintained in Fresno County.
24 7.5 Construction. The final form of this Agreement is the result of the parties' combined
25 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
26 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
27 against either party.
28 7.6 Days. Unless otherwise specified, "days" means calendar days.
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1 7.7 Headings. The headings and section titles in this Agreement are for convenience
2 only and are not part of this Agreement.
3 7.8 Severability. If anything in this Agreement is found by a court of competent
4 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
5 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
6 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
7 intent.
8 7.9 Nondiscrimination. During the performance of this Agreement, Probation shall not
9 unlawfully discriminate against any employee or applicant for employment, or recipient of
10 services, because of race, religious creed, color, national origin, ancestry, physical disability,
11 mental disability, medical condition, genetic information, marital status, sex, gender, gender
12 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
13 all applicable State of California and federal statutes and regulation.
14 7.10 No Waiver. Payment, waiver, or discharge by DBH of any liability or obligation of
15 Probation under this Agreement on any one or more occasions is not a waiver of performance
16 of any continuing or other obligation of Probation and does not prohibit enforcement by DBH of
17 any obligation on any other occasion.
18 7.11 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
19 entire agreement between Probation and DBH with respect to the subject matter of this
20 Agreement, and it supersedes all previous negotiations, proposals, commitments, writings,
21 advertisements, publications, and understandings of any nature unless those things are
22 expressly included in this Agreement. If there is any inconsistency between the terms of this
23 Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be
24 resolved by giving precedence first to the terms of this Agreement without its exhibits, and then
25 to the terms of the exhibits.
26 7.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
27 create any rights or obligations for any person or entity except for the parties.
28 7.13 Authorized Signature. Probation represents and warrants to DBH that:
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I (A) Probation is duly authorized and empowered to sign and perform its obligations
2 under this Agreement.
3 (B) The individual signing this Agreement on behalf of Probation is duly authorized to
4 do so and his or her signature on this Agreement legally binds Probation to the terms of
5 this Agreement.
6 7.14 Electronic Signatures. The parties agree that this Agreement may be executed by
7 electronic signature as provided in this section.
8 (A) An "electronic signature" means any symbol or process intended by an individual
9 signing this Agreement to represent their signature, including but not limited to (1) a
10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this Agreement
15 for all purposes, including but not limited to evidentiary proof in any administrative or
16 judicial proceeding, and (2) has the same force and effect as the valid original
17 handwritten signature of that person.
18 (C) The provisions of this section satisfy the requirements of Civil Code section
19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
20 Part 2, Title 2.5, beginning with section 1633.1).
21 (D) Each party using a digital signature represents that it has undertaken and
22 satisfied the requirements of Government Code section 16.5, subdivision (a),
23 paragraphs (1) through (5), and agrees that each other party may rely upon that
24 representation.
25 (E) This Agreement is not conditioned upon the parties conducting the transactions
26 under it by electronic means and either party may sign this Agreement with an original
27 handwritten signature.
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1 7.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
2 original, and all of which together constitute this Agreement.
3 [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
6
7 ..dm
8 Susan Holt(Nov 13,202414:56 PST) Q►
Susan L. Holt, Director Kirk Haynes, hief Probation Officer
9 Department of Behavioral Health Probation Department
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12 DBH
13 Fund/Subclass: 0001/10000
Organization No.: 56302091
14 Expenditure Account/Program: 7295
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16 PROBATION
Fund/Subclass: 0001/10000
17 Organization No.: 34300330
Revenue Account/Program: 5990
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Exhibit A
Scope of Services
Probation agrees to provide a Deputy Probation Officer(DPO) for probation services related to
BHC. Said services shall include but not be limited to:
1. Participation in bi-weekly staffing with the BHC Treatment Team. Participation
includes but is not limited to:
a) Staffing new cases and making recommendation for acceptance or denial;
b) Reviewing BHC probationer's progress and recommending sanctions,
reward, and/or possible phase promotion; and
c) Serving as Court Officer.
2. Provide intensive case management services including but not limited to:
a) Meetings with BHC probationer to discuss sobriety; medication
compliance/side effects/effectiveness; living environment; treatment
attendance/compliance; law enforcement contacts; compliance with terms
and conditions of probation; physical health; contact with family and family
relationships;
b) Periodic home visits; and
c) Preparation and submission of documentation and review reports to BHC as
outlined in Section 9, RECORDS, in this Inter-Departmental Agreement.
3. Make referrals for necessary treatment including but not limited to mental health,
drug and alcohol, anger management, and medical.
4. Collaborate with DBH as well as the other members of the BHC Treatment Team
(Superior Court, Office of the Public Defender, Office of the District Attorney,
Fresno County Sheriff-Coroner's Office, Department of Public Health (on behalf
of JAIL behavioral health services), private attorneys, and community treatment
providers) on the probationer's progress and compliance in the program.
5. Advise jail behavioral health services when a BHC probationer is booked into the
jail in order to ensure he or she is seen immediately to assess mental health
condition/stability and medication needs.
A-1
Exhibit A
6. Collect and report BHC participant data as follow:
a. number of individuals served,
b. demographics of each individual served to include:
i. age
ii. race
iii. ethnicity
iv. primary language
v. gender identification at present
vi. gender assigned at birth
vii. sexual orientation
viii. veteran status
ix. any disabilities
c. nature of charges for each individual served,
d. phases of individuals served,
e. number of office visits by individuals served,
f. number of Probation home visits,
g. number of positive drug tests, and
h. number and type of violations of probation.
A-2