HomeMy WebLinkAboutFY 25-26 Interdepartmental MOU for staffing for Drug Court.pdf 1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement ("Agreement") is dated Jul 11 , 2025 and
3 is between the Fresno County Department of Behavioral Health, ("DBH") and (1) the Fresno
4 County District Attorney ("District Attorney"), (2)the Fresno County Public Defender ("Public
5 Defender"), (3) the Fresno County Probation Department ("Probation"), and (4) the Fresno
6 County Sheriff-Coroner's Office ("Sheriff").
7 Recitals
8 A. DBH, through its Court Connected Care and Justice Services Division, has determined a
9 need for Fresno County residents to receive Drug Court services related to substance
10 use disorders and has determined a need for District Attorney, Public Defender,
11 Probation, and bailiff services.
12 B. Drug Court is a cross-system collaboration of the Superior Court, Office of the District
13 Attorney, Office of the Public Defender, Probation, Fresno County Sheriff-Coroner's
14 Office, and DBH.
15 C. It is desired that the District Attorney, Public Defender, Probation and Sheriff remain
16 collaborative partners in Drug Court and provide services to the program.
17 D. District Attorney is in need of funding to maintain a Deputy District Attorney assigned to
18 Drug Court.
19 E. Public Defender is in need of funding to maintain a Public Defender assigned to Drug
20 Court.
21 F. Probation is in need of funding to maintain a Deputy Probation Officer assigned to Drug
22 Court.
23 G. Sheriff, in accordance with California law, is responsible to maintain order and safety of
24 persons within court facilities, enforce lawful orders of the court, and as prescribed by
25 law detain prisoners within the county jail.
26 H. Sheriff is in need of funding to maintain bailiff services in Drug Court.
27 I. DBH is willing to provide the funding for said services through Behavioral Health
28 Realignment.
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I The parties therefore agree as follows:
2 Article 1
3 Drug Court Services
4 1.1 Scope of Services. District Attorney agrees to provide district attorney services
5 related to Drug Court operations. Public Defender agrees to provide public defender services
6 related to Drug Court operations. Probation agrees to provide services related to Drug Court
7 operations as described in Exhibit A to this Agreement, titled "Probation —Scope of Services."
8 Sheriff agrees to provide up to 0.10 Full-Time Equivalent (FTE) for bailiff services related to
9 Drug Court operations.
10 1.2 Representation. District Attorney, Public Defender, Probation, and Sheriff represent
11 that they are qualified, ready, willing, and able to perform all of the services provided in this
12 Agreement.
13 1.3 Compliance with Laws. District Attorney, Public Defender, Probation, and Sheriff
14 shall, at their own cost, comply with all applicable federal, state, and local laws and regulations
15 in the performance of their obligations under this Agreement, including but not limited to workers
16 compensation, labor, and confidentiality laws and regulations.
17 District Attorney, Public Defender, Probation, and Sheriff shall provide services in
18 conformance with all applicable State and Federal statutes, regulations and sub-regulatory
19 guidance, as from time to time amended, including but not limited to:
20 (A) California Code of Regulations, Title 9;
21 (B) California Code of Regulations, Title 22;
22 (C) California Welfare and Institutions Code, Division 5;
23 (D) United States Code of Federal Regulations, Title 42, including but not limited to
24 Parts 438 and 455;
25 (E) United States Code of Federal Regulations, Title 45;
26 (F) United States Code, Title 42 (The Public Health and Welfare), as applicable;
27 (G) Balanced Budget Act of 1997;
28 (H) Health Insurance Portability and Accountability Act (HIPAA);
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1 (1) Code of Federal Regulations, Title 42, including but not limited to Part 2 (42 CFR
2 part 2); and
3 (J) Applicable Medi-Cal laws and regulations, including applicable sub-regulatory
4 guidance, such as Behavioral Health Information Notices (BHINs), Mental Health and
5 Substance Use Disorder Services Information Notices (MHSUDS INs), and provisions of
6 County's, state or federal contracts governing services for persons served.
7 In the event any law, regulation, or guidance referred to in this section 1.3 is
8 amended during the term of this Agreement, the parties agree to comply with the amended
9 authority as of the effective date of such amendment without amending this Agreement.
10 1.4 Confidentiality. The substance use disorder records shared in drug court contain
11 sensitive substance use disorder information that is protected by 42 CFR part 2 and may not be
12 further disclosed. The parties recognize that Drug Court participants are participating voluntarily,
13 and their confidential substance use disorder records may only be shared if the participant signs
14 a consent form pursuant to 42 CFR part 2.
15 Once substance use disorder records are released pursuant to a signed consent
16 form, the federal rules prohibit the recipients of the records from making any further disclosure
17 of those records that identifies a patient as having or having had a possible substance use
18 disorder either directly, by reference to publicly available information, or through verification of
19 such identification by another person unless further disclosure is expressly permitted by the
20 written consent of the individual whose information is being disclosed or as otherwise permitted
21 by 42 CFR part 2. A general authorization for the release of medical or other information is NOT
22 sufficient for this purpose (see § 2.31). The federal rules restrict any use of the information to
23 investigate or prosecute with regard to a crime any patient with a possible substance use
24 disorder, except as provided at §§ 2.12(c) (5) and 2.65.
25 Article 2
26 Reporting
27 2.1 Reports. District Attorney, Public Defender, Probation, and Sheriff shall submit the
28 following reports: District Attorney, Public Defender, Probation, and Sheriff shall furnish to DBH
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1 such statements, records, reports, data, and other information as County may request
2 pertaining to matters covered by this Agreement. In the event that District Attorney, Public
3 Defender, Probation, or Sheriff fails to provide such reports or other information required
4 hereunder, it shall be deemed sufficient cause for County to withhold monthly payments from
5 the service provider department until there is compliance. In addition, District Attorney, Public
6 Defender, Probation, and Sheriff shall provide written notification and explanation to County
7 within five (5) days of any funds received from another source to conduct the same services
8 covered by this Agreement.
9 2.2 Monitoring. District Attorney, Public Defender, Probation, and Sheriff agree to
10 extend to County's Risk Management, County's DBH and the California Department of Health
11 Care Services (DHCS), or their designees, the right to review and monitor records, programs, or
12 procedures, at any time, in regard to persons served, as well as the overall operation of District
13 Attorney, Public Defender, Probation, and Sheriff's programs, in order to ensure compliance
14 with the terms and conditions of this Agreement.
15 Article 3
16 Compensation, Invoices, and Payments
17 3.1 The County agrees to pay, and District Attorney, Public Defender, Probation, and
18 Sheriff agree to receive, compensation for the performance of their services as described in this
19 section.
20 3.2 Maximum Compensation. The maximum compensation payable to District Attorney
21 under this Agreement is Thirty-Eight Thousand Seven Hundred Eighty-Two and No/100 Dollars
22 ($38,782.00) for the term of this Inter-Departmental Agreement.
23 3.3 The maximum compensation payable to Public Defender under this Agreement is
24 Thirty-One Thousand Seven Hundred Three and No/100 Dollars ($31,703.00) for the term of
25 this Inter-Departmental Agreement.
26 3.4 The maximum compensation payable to Probation under this Agreement is Two
27 Hundred Ninety-Five Thousand, One Hundred and Fifty-Six and No/100 Dollars ($295,156.00)
28 for the term of this Inter-Departmental Agreement.
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1 3.5 The maximum compensation payable to Sheriff under this Agreement is Fourteen
2 Thousand Five Hundred Fifty-Five and No/100 Dollars ($14,555.00) for the term of this Inter-
3 Departmental Agreement.
4 3.6 Total Maximum Compensation. In no event shall the maximum contract amount for
5 all the services provided by the District Attorney, Public Defender, Probation, and Sheriff to DBH
6 under the terms and conditions of this Agreement be in excess of Three Hundred Eighty
7 Thousand, One Hundred Ninety-Six and No/100 Dollars ($380,196) during the entire term of this
8 Agreement. District Attorney, Public Defender, Probation, and Sheriff acknowledge that DBH is
9 a local government entity and does so with notice that DBH's powers are limited by the
10 California Constitution and by State law, and with notice that District Attorney, Public Defender,
11 Probation, and Sheriff may receive compensation under this Agreement only for services
12 performed according to the terms of this Agreement and while this Agreement is in effect, and
13 subject to the maximum amount payable under this section. District Attorney, Public Defender,
14 Probation, and Sheriff further acknowledges that County employees have no authority to pay
15 District Attorney, Public Defender, Probation, and Sheriff except as expressly provided in this
16 Agreement.
17 3.7 Invoices. District Attorney, Public Defender, Probation, and Sheriff shall submit
18 quarterly invoices to DBH-Invoices@fresnocountyca.gov,
19 DBHForensicServices@fresnocountyca.govand assigned DBHStaff Analyst. Quarterly invoices
20 shall itemize hours billed during the prior three (3) months for actual services provided pursuant
21 to the terms and conditions of this Agreement. District Attorney, Public Defender, Probation, and
22 Sheriff shall submit each invoice within 20 days after the quarter in which District Attorney,
23 Public Defender, Probation, and Sheriff performs services and in any case within 20 days after
24 the end of the term or termination of this Agreement.
25 3.8 Payment. DBH shall pay each correctly completed and timely submitted invoice
26 within 45 days after receipt. Once the invoice has been approved for payment by DBH, the DBH
27 Finance Division shall prepare an Inter-Departmental Journal Voucher to reimburse District
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1 Attorney, Public Defender, Probation, and Sheriff for expenditures. The Inter-Departmental
2 Journal Vouchers shall be subject to County, State and Federal audits.
3 3.9 Incidental Expenses. District Attorney, Public Defender, Probation, and Sheriff are
4 solely responsible for all of their costs and expenses that are not specified as payable by DBH
5 under this Agreement.
6 Article 4
7 Term of Agreement
8 4.1 Term. This Agreement is effective on the 1s' day of July 2025 and terminates on the
9 30'h day of June 2026, except as provided in Article 5, "Termination and Suspension," below.
10 Article 5
11 Termination and Suspension
12 5.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
13 contingent on the approval of funds by the appropriating government agency. If sufficient funds
14 are not allocated, then DBH, upon at least 30 days' advance written notice to District Attorney,
15 Public Defender, Probation, or Sheriff, may:
16 (A) Modify the services provided by District Attorney, Public Defender, Probation,
17 and Sheriff under this Agreement; or
18 (B) Terminate this Agreement.
19 5.2 Termination for Breach.
20 (A) Upon determining that a breach (as defined in paragraph (C) below) has
21 occurred, DBH may give written notice of the breach to District Attorney, Public
22 Defender, Probation, or Sheriff. The written notice may suspend performance under this
23 Agreement and must provide at least 30 days for District Attorney, Public Defender,
24 Probation, and Sheriff to cure the breach.
25 (B) If District Attorney, Public Defender, Probation, or Sheriff fail to cure the breach
26 to DBH's satisfaction within the time stated in the written notice, DBH may terminate this
27 Agreement immediately.
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1 (C) For purposes of this section, a breach occurs when, in the determination of DBH,
2 District Attorney, Public Defender, Probation, or Sheriff has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement;
5 (3) Submitted a substantially incorrect or incomplete report to DBH; or
6 (4) Improperly performed any of their obligations under this Agreement.
7 5.3 Termination without Cause. In circumstances other than those set forth above,
8 either party may terminate this Agreement by giving at least 30 days advance written notice to
9 either party.
10 5.4 No Penalty or Further Obligation. Any termination of this Agreement by either
11 party under this Article 5 is without penalty to or further obligation of either party.
12 Article 6
13 Inspections, Audits, and Public Records
14 6.1 Inspection of Documents. District Attorney, Public Defender, Probation, and Sheriff
15 shall make available to DBH, and DBH may examine at any time during business hours and as
16 often as DBH deems necessary, all of District Attorney, Public Defender, Probation, and
17 Sheriff's records and data with respect to the matters covered by this Agreement, excluding
18 attorney-client privileged communications. District Attorney, Public Defender, Probation, and
19 Sheriff shall, upon request by DBH, permit DBH to audit and inspect all of such records and
20 data to ensure District Attorney, Public Defender, Probation, and Sheriffs compliance with the
21 terms of this Agreement.
22 Article 7
23 General Terms
24 7.1 Modification. Except as provided in Article 5, "Termination and Suspension,"this
25 Agreement may not be modified, and no waiver is effective, except by written agreement signed
26 by the parties. District Attorney, Public Defender, Probation, and Sheriff acknowledge that DBH
27 employees have no authority to modify this Agreement except as expressly provided in this
28 Agreement.
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1 7.2 Non-Assignment. No parties may assign their rights or delegate their obligations
2 under this Agreement without the prior written consent of all parties.
3 7.3 Governing Law. The laws of the State of California govern all matters arising from
4 or related to this Agreement.
5 7.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
6 County, California. District Attorney, Public Defender, Probation, and Sheriff consent to
7 California jurisdiction for actions arising from or related to this Agreement, and, subject to the
8 Government Claims Act, all such actions must be brought and maintained in Fresno County.
9 7.5 Construction. The final form of this Agreement is the result of the parties' combined
10 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
11 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
12 against either party.
13 7.6 Days. Unless otherwise specified, "days" means calendar days.
14 7.7 Headings. The headings and section titles in this Agreement are for convenience
15 only and are not part of this Agreement.
16 7.8 Severability. If anything in this Agreement is found by a court of competent
17 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
18 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
19 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
20 intent.
21 7.9 Nondiscrimination. During the performance of this Agreement, District Attorney,
22 Public Defender, Probation, and Sheriff shall not unlawfully discriminate against any employee
23 or applicant for employment, or recipient of services, because of race, religious creed, color,
24 national origin, ancestry, physical disability, mental disability, medical condition, genetic
25 information, marital status, sex, gender, gender identity, gender expression, age, sexual
26 orientation, military status or veteran status pursuant to all applicable State of California and
27 federal statutes and regulation.
28 7.10 No Waiver. Payment, waiver, or discharge by DBH of any liability or obligation of
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1 District Attorney, Public Defender, Probation, and Sheriff under this Agreement on any one or
2 more occasions is not a waiver of performance of any continuing or other obligation of District
3 Attorney, Public Defender, Probation, and Sheriff and does not prohibit enforcement by DBH of
4 any obligation on any other occasion.
5 7.11 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
6 entire agreement between District Attorney, Public Defender, Probation, Sheriff and DBH with
7 respect to the subject matter of this Agreement, and it supersedes all previous negotiations,
8 proposals, commitments, writings, advertisements, publications, and understandings of any
9 nature unless those things are expressly included in this Agreement. If there is any
10 inconsistency between the terms of this Agreement without its exhibits and the terms of the
11 exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this
12 Agreement without its exhibits, and then to the terms of the exhibits.
13 7.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
14 create any rights or obligations for any person or entity except for the parties.
15 7.13 Authorized Signature. District Attorney, Public Defender, Probation, and Sheriff
16 represents and warrants to DBH that:
17 (A) District Attorney, Public Defender, Probation, and Sheriff are duly authorized and
18 empowered to sign and perform their obligations under this Agreement.
19 (B) The individual signing this Agreement on behalf of District Attorney, Public
20 Defender, Probation, and Sheriff is duly authorized to do so and his or her signature on
21 this Agreement legally binds District Attorney, Public Defender, Probation, and Sheriff to
22 the terms of this Agreement.
23 7.14 Electronic Signatures. The parties agree that this Agreement may be executed by
24 electronic signature as provided in this section.
25 (A) An "electronic signature" means any symbol or process intended by an individual
26 signing this Agreement to represent their signature, including but not limited to (1) a
27 digital signature; (2) a faxed version of an original handwritten signature; or(3) an
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1 electronically scanned and transmitted (for example by PDF document) version of an
2 original handwritten signature.
3 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
4 equivalent to a valid original handwritten signature of the person signing this Agreement
5 for all purposes, including but not limited to evidentiary proof in any administrative or
6 judicial proceeding, and (2) has the same force and effect as the valid original
7 handwritten signature of that person.
8 (C)The provisions of this section satisfy the requirements of Civil Code section
9 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
10 Part 2, Title 2.5, beginning with section 1633.1).
11 (D) Each party using a digital signature represents that it has undertaken and
12 satisfied the requirements of Government Code section 16.5, subdivision (a),
13 paragraphs (1) through (5), and agrees that each other party may rely upon that
14 representation.
15 (E) This Agreement is not conditioned upon the parties conducting the transactions
16 under it by electronic means and either party may sign this Agreement with an original
17 handwritten signature.
18 7.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
19 original, and all of which together constitute this Agreement.
20 [SIGNATURE PAGE FOLLOWS]
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Department of Behavioral Health District Attorney's Office
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5 Susan Holt(Jul 11,2025 15:35 PDT) ,
6 Susan L. Holt, Director Lisa S�nittc mp, District ttorney
Department of Behavioral Health District Attorney's Office
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9 Date: Jul 11 , 2025 Date: /.
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1 DBH
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Fund/Subclass: 0001/10000
13 Organization No.: 56302091 ($38,782.00)
Expenditure Account/Program: 7295/0
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District Attorney
16 Fund/Subclass: 0001/10000
Organization No.: 2860 ($38,782.00)
17 Revenue Account/Program: 5990/0
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Department of Behavioral Health Public Defender's Office
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5 Snsan Holt(Jul 11,2025 1535 PD?1
6 Susan L. Holt, Director Antoinette al lac, Public Defender
Department of Behavioral Health Public Defender Department
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Jul 11 , 2025 g Date: Date:
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12 DBH
13 Fund/Subclass: 0001/10000
Organization No.: 56302091 ($31,703.00)
14 Expenditure Account/Program: 7295/0
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16 Public Defender
Fund/Subclass: 0001/10000
17 Organization No,: 28809999 ($31,703.00)
18 Revenue Account/Program: 5990/0
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Department of Behavioral Health Probation Department
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4 By: Susan Holt(Jul 11,2025 15:35 PDT) By:
5 Susan L. Holt, Director Kirk Haynes, ief Probation Officer
Department of Behavioral Health Probation Department
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7 Jul 11 , 2025
Date: Date:
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DBH
10 Fund/Subclass: 0001/10000
11 Organization No.: 56302091 ($295,156.00)
Account/Program: 7295/0
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13 Probation
Fund/Subclass: 0001/10000
14 Organization No.: 34321600 ($295,156.00)
Account/Program: 5990
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2 Department of Behavioral Health Sheriffs Department
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5 Susan Holt(Jul 11,2025 15:35 PDT)
Susan L. Holt, Director John Zanoni, Sheriff-Coroner-Public
6 Department of Behavioral Health Administrator
Sheriffs Office
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8 Date: Jul 11 , 2025 Date: 0701-4,-
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11 DBH
12 Fund/Subclass: 0001/10000
Organization No.: 56302091 ($14,555.00)
13 Expenditure Account/Program: 7295/0
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15 Sheriff
16 Fund/Subclass: 0001/10000
Organization No.: 31115702 ($14,555.00)
17 Revenue Account/Program: 5990/0
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Exhibit A
Scope of Services
A. Probation agrees to provide a Deputy Probation Officer for Drug Court Services. Said
services shall include but not be limited to:
1. Probation agrees to provide appropriate personnel for probation services related to
Drug Court operations.
2. Reporting participant information to the court (time served, probation status,
compliance, etc.).
3. Participation in matters related to Proposition 36 and PC-1000.
B. Assessment and Screening Services
1. Probation agrees to provide DBH with sufficient space to conduct assessments and
screenings related to Drug Court at their Drug Suppression Unit located at 2212 N
Winery Ave Suite#122, Fresno CA 93703 or another location as determined by
Probation with proper written notice.
A-1