HomeMy WebLinkAboutInterDept RFA MOU Fully Executed.pdf M-25-522
1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement ("Agreement") is dated October 10, 2025 and is
3 between the County of Fresno Probation Department ("Probation") and the County of Fresno
4 Department of Social Services ("DSS").
5 Recitals
6 A. The comprehensive Resource Family Approval assessment is mandated by Welfare and
7 Institution Code (W&IC) section 16519.5 et seq., (Continuum of Care Reform) beginning
8 January 1, 2017.
9 B. Probation has a need to have comprehensive Resource Family Approval assessments
10 administered to all Probation-specific Family Applicants.
11 C. DSS maintains professional staff and support staff skilled in the provision of
12 comprehensive Resource Family Approval assessments.
13 The parties therefore agree as follows:
14 Article 1
15 Responsibilities
16 1.1 DSS Responsibilities. DSS shall provide all services and fulfill all responsibilities as
17 identified in Exhibit A, under the heading "DSS Responsibilities," to this Agreement.
18 1.2 Probation Responsibilities. Probation shall perform all services and fulfill all
19 responsibilities as identified in Exhibit A, under the heading "Probation Responsibilities," to this
20 Agreement.
21 1.3 Probation and DSS shall:
22 (A) Agree to establish mutually satisfactory methods for the exchange of such
23 information as may be necessary in order that each party may perform its duties and functions
24 under this Agreement and appropriate procedures to ensure that all information is safeguarded
25 from improper disclosure in accordance with applicable State and Federal laws and regulations.
26 1.4 Representation. Probation and DSS represent that they are qualified, ready, willing,
27 and able to perform all of the services provided in this Agreement.
28
1
1 1.5 Compliance with Laws. Probation and DSS shall, at their own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of their obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations. Probation and DSS shall provide services in conformance
5 with all applicable State and Federal statutes, regulations and sub regulatory guidance, as from
6 time to time amended, including but not limited to:
7 (A) Welfare and Institution Code (W&IC) section 16519.5 et seq., (Continuum of
8 Care Reform).
9 In the event any law, regulation, or guidance referred to in this Section 1.5 is amended during
10 the term of this Agreement, the parties agree to comply with the amended authority as of the
11 effective date of such amendment without amending this Agreement.
12 Article 2
13 Compensation, Invoices, and Payments
14 2.1 Compensation. Probation agrees to pay, and DSS agrees to receive compensation
15 for actual services provided pursuant to Article 1.1 of this Agreement and as identified in said
16 Exhibit B, "Budget" for each twelve (12) month period of this Agreement. In no event shall actual
17 services performed under this Agreement be in excess of Seventy-Six Thousand, Six Hundred
18 Sixty-Nine and 00/100 Dollars ($76,669.00) for each twelve-month period of this agreement.
19 2.2 Total Maximum Compensation. In no event shall the maximum compensation
20 amount payable to DSS under this Agreement if extended for the two additional years under
21 Section 3.1 exceed Two Hundred Thirty Thousand, and Seven and 00/100 Dollars
22 ($230,007.00).
23 2.3 Invoices. DSS shall submit invoices and supporting documentation quarterly to
24 Probation Contracts@fresnocountyca.gov and Probation Invoices@fresnocountyca.gov, within
25 fifteen (15) days after the quarter in which DSS performs services, and in any case within fifteen
26 (15) days after the end of the term or termination of this Agreement.
27 (A) The invoice cost will include prorated salary and benefits according to worker
28 activities by time sheet coding as appropriated and/or events as needed. The invoice will
2
1 reflect only the actual cost related to the time spend on Probation related RFA activities
2 incurred for the pay periods appropriated within a quarter. Prior to submission to
3 Probation, the invoice shall be reviewed, approved, and signed by a DSS representative
4 who is authorized to certify actual services were performed and reimbursement requests
5 represent actual costs. Requests for payment shall include an invoice, a year-to-date
6 statement and back-up documentation for the periods which costs were incurred.
7 (B) No reimbursement for services rendered under this Agreement shall be made
8 until said claims and supporting documentation, as identified hereinabove, are received
9 and reviewed by Probation. If said invoice is incorrect or is otherwise not in proper form
10 or substance, Probation shall have the right to withhold payment as to only that portion
11 of the invoice that is incorrect or improper.
12 2.4 Payment. Upon review and approval of the invoice and supporting documentation by
13 Probation through email, Probation shall notify DSS to prepare a Journal Voucher to finalize
14 cost reimbursement. DSS shall process the Journal Voucher, provide a copy to Probation via
15 email, and maintain all records in compliance with applicable County, State and Federal audits
16 requirements.
17 (A) Probation agrees to reimburse DSS quarterly in arrears, within forty-five (45)
18 days after receipt and verification of DSS's invoice.
19 2.5 Incidental Expenses. DSS are solely responsible for all of their costs and expenses
20 that are not specified as payable by Probation under this Agreement.
21 Article 3
22 Term of Agreement
23 3.1 Term. This Agreement is effective on July 1, 2025, and terminates on June 30, 2026,
24 except as provided in Article 4, "Termination and Suspension". This agreement shall
25 automatically be extended for two (2) additional twelve (12) month periods upon the same terms
26 and conditions herein set forth, unless written notice of non-renewal is given by either of the
27 parties not later than thirty (30) days prior to close of the current Agreement Term.
28
3
1 Article 4
2 Termination and Suspension
3 4.1 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 any party upon at least sixty (60) days' advance written notice to all
6 parties, may:
7 (A) Modify the services provided by the party under this Agreement; or
8 (B) Terminate this Agreement.
9 4.2 Termination without Cause. In circumstances other than those set forth above, any
10 party may terminate this Agreement by giving at least sixty (60) days advance written notice to
11 all parties. However, termination of this Agreement shall not affect any pending activities which
12 shall be handled to their conclusion by the parties.
13 4.3 No Penalty or Further Obligation. Any termination of this Agreement by any party
14 under this Article 4 is without penalty to or further obligation of all parties.
15
16 Article 5
17 Inspections, Audits, and Public Records
18 5.1 Inspection of Documents. Any party shall make available to the parties, and the
19 parties may examine at any time during business hours and as often as the parties deem
20 necessary, all of any party's records and data with respect to the matters covered by this
21 Agreement, excluding attorney-client privileged communications. Any party shall, upon request
22 by the parties, permit the parties to audit and inspect all of such records and data to ensure any
23 party's compliance with the terms of this Agreement.
24 5.2 Records. Probation and DSS shall assume responsibility for maintaining detailed
25 records for services provided under this Agreement. Furthermore, Probation and DSS shall
26 retain records for a minimum of five (5) years following the expiration of this Agreement. In the
27 event of any outstanding State of California or Federal audits or exceptions, Probation and DSS
28 agrees to retain its records until such audits and exceptions are finalized.
4
1 Article 6
2 Confidentiality and Data Security
3 6.1 Conformance with Laws. All services performed by DSS and Probation under this
4 Agreement shall be in strict conformance with all applicable Federal, State of California, and/or
5 local laws and regulation relating to confidentiality. For the purposes of preventing potential loss,
6 misappropriation or inadvertent disclosure of Probation's data including sensitive or personal
7 client information; abuse of County resources; and/or disruption to County operations, DSS
8 must employ adequate data security measures to protect the confidential information provided
9 to DSS by Probation, for the purpose of providing services under this Agreement..
10 Article 7
11 General Terms
12 7.1 Modification. Except as provided in Article 4, "Termination and Suspension," this
13 Agreement may not be modified, and no waiver is effective, except by written agreement signed
14 by the parties. The parties acknowledges that its employees have no authority to modify this
15 Agreement except as expressly provided in this Agreement.
16 7.2 Non-Assignment. No parties may assign its rights or delegate its obligations under
17 this Agreement without the prior written consent of all parties.
18 7.3 Relationship of Parties. It is understood that this is an Inter-Departmental
19 Agreement by and between two (2) separate departments of the County of Fresno and is not
20 intended to and shall not be construed to create a relationship of agent, servant, employee,
21 partnership, joint venture or association.
22 7.4 Governing Law. The laws of the State of California govern all matters arising from
23 or related to this Agreement.
24 7.5 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
25 County, California. The parties consent to California jurisdiction for actions arising from or
26 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
27 brought and maintained in Fresno County.
28
5
1 7.6 Construction. The final form of this Agreement is the result of the parties' combined
2 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
3 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
4 against either party.
5 7.7 Days. Unless otherwise specified, "days" means calendar days.
6 7.8 Headings. The headings and section titles in this Agreement are for convenience
7 only and are not part of this Agreement.
8 7.9 Severability. If anything in this Agreement is found by a court of competent
9 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
10 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
11 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
12 intent.
13 7.10 Nondiscrimination. During the performance of this Agreement, the parties shall not
14 unlawfully discriminate against any employee or applicant for employment, or recipient of
15 services, because of race, religious creed, color, national origin, ancestry, physical disability,
16 mental disability, medical condition, genetic information, marital status, sex, gender, gender
17 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
18 all applicable State of California and federal statutes and regulation.
19 7.11 No Waiver. Payment, waiver, or discharge by the parties of any liability or obligation
20 of the parties under this Agreement on any one or more occasions is not a waiver of
21 performance of any continuing or other obligation of the parties and does not prohibit
22 enforcement by the parties of any obligation on any other occasion.
23 7.12 Differences Arising from Interpretation of Agreement. Every effort shall be made
24 by all parties concerned to amicably resolve differences in the interpretation of this Agreement.
25 If differences cannot be resolved informally at a Division/Program Manager level, they be
26 referred to the Chief Probation Officer and DSS Director, or respective designees, for resolution.
27 7.13 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
28 between Probation and DSS with respect to the subject matter of this Agreement, and it
6
1 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
2 publications, and understandings of any nature unless those things are expressly included in
3 this Agreement. If there is any inconsistency between the terms of this Agreement without its
4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
5 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
6 exhibits.
7 7.14 No Third-Party Beneficiaries. This Agreement does not and is not intended to
8 create any rights or obligations for any person or entity except for the parties.
9 7.15 Authorized Signature. Probation and DSS represent and warrant that:
10 (A) Probation and DSS are duly authorized and empowered to sign and perform their
11 obligations under this Agreement.
12 (B) The individual signing this Agreement on behalf of Probation and DSS is duly
13 authorized to do so and his or her signature on this Agreement legally binds Probation
14 and DSS to the terms of this Agreement.
15 7.16 Electronic Signatures. The parties agree that this Agreement may be executed by
16 electronic signature as provided in this section.
17 (A) An "electronic signature" means any symbol or process intended by an individual
18 signing this Agreement to represent their signature, including but not limited to (1) a
19 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
20 electronically scanned and transmitted (for example by PDF document) version of an
21 original handwritten signature.
22 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
23 equivalent to a valid original handwritten signature of the person signing this Agreement
24 for all purposes, including but not limited to evidentiary proof in any administrative or
25 judicial proceeding, and (2) has the same force and effect as the valid original
26 handwritten signature of that person.
27
28
7
1 (C)The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 7.17 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
13 [SIGNATURE PAGE FOLL0INS]
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
{
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Department of Social Services Probation Department
3
441 —� "�'
.�i�✓
5 Sanja . B g,y, Director Kirk Haynes, hief Probati n icer
6 Date: � S
7 4�2�
Date:
8
9
For accounting use only:
10
Probation
11 Org No.: 34300200
Account No.: 7295
12 Fund No.: 0001
13 Subclass No.: 10000
14 DSS
Org No.: 56107001
15 Account No.: 5990
Fund No.: 0001
16 Subclass No.: 10000
17
18
19
20 �(
I
21
22
23
24
25
26
�E
27 �I
28
I
9
Exhibit A
Summary of Services
Organizations: Department of Social Services and Probation Department
Service: Resource Family Approval Assessments
PROJECT DESCRIPTION:
The County of Fresno Department of Social Services (DSS) shall provide to the County of
Fresno Probation Department (Probation) comprehensive Resource Family Approval (RFA)
assessments to prospective RFA applicants involved with juvenile Probation youth. Through this
Inter-Departmental Agreement, Probation shall reimburse DSS for the salary and benefits costs
of 0.2 Full-Time Equivalent (FTE) Social Worker II-III and 0.2 FTE Social Work Supervisor, for
actual costs associated with Probation's assessments and/or TA provided to Probation.
DSS RESPONSIBILITIES:
• Process Probation-specific RFA applications as referred by Probation.
• Communicate with applicants on status of application and missing forms.
• Provide Probation with a copy of RFA Certificate following approval.
• Conduct Home Environment Assessments.
• Conduct face-to-face interviews with applicants and others in the home.
• Perform criminal exemption activities.
• Communicate with on-going Probation-specific RFA families as to status of training
hours.
• Provide training to on-going Probation-specific RFA families.
• Communicate with Probation as to status of RFA applicants referred by Probation or
where Emergency Response approval was completed by Probation.
• Conduct Family Evaluation Assessments of applicants.
• Conduct complaint and/or incident investigations.
• Conduct Biennial Updates.
• RFA Social Worker will provide case management to designated Probation Resource
Families and conduct at minimum quarterly contacts in person, if they have placement of
youth.
• Attend Probation Child Family Team (CFT) meetings for RFA homes assigned to the
DSS Social Worker, as needed.
• Serve as the primary County contact for California Department of Social Services
(CDSS)'s RFA biennial review.
• Attend meetings with Probation staff regarding agreement updates, as needed.
• Receive updates on new and/or changing legislation pertinent to RFA
procedures/mandates and share with Probation.
• Submit invoices and supporting documentation quarterly.
PROBATION RESPONSIBILITIES:
• Refer prospective Probation-specific RFA families to DSS Child Welfare Services.
A-1
Exhibit A
• Maintain open, on-going communication with RFA social workers regarding approval
process for Probation-specific families.
• Provide input to the RFA process from the Probation perspective.
• Will notify RFA staff of concerns regarding designated Probation RFA families in order to
have concerns addressed in an RFA complaints investigation.
• Attend meetings with DSS staff regarding agreement updates, as needed.
• Collaborate with DSS on CDSS' RFA biennial review, as needed.
• Provide reimbursement to DSS for Probation RFA services through Journal Voucher.
Journal Voucher transfers will need to identify at minimum:
(1) The current two-digit budget year, as required by the Auditor;
(2) The Fiscal Year (FY) and the specific months the payment covers; and
(3) The payment type (e.g., DSS SW reimbursement Jan FY25-26)
A-2
Exhibit B
Classification FTE 6100 6350 6400 6500 6550 6570 6600 6650 Benefits Sub-Total Total
Salary Unemployment Retirement OASDI Workers 401(a) Health Life& Admin Benefits Salaries&
Compensation Matching Disability Benefits
Cont.
Social Worker 0.2 $16,035.89 $13.64 $7,124.75 $1,226.75 $102.17 $261.00 $2,451.60 $3.20 $75.28 $11,258.39 $27,294.28
II-III
Social Work 0.2 $19,526.88 $13.64 $8,675.79 $1,493.81 $102.17 $261.00 $2,451.60 $3.20 $75.28 $13,076.49 $32,603.37
Supervisor
Subtotal Salary and Benefits $59,897.65
CDSS Indirect Cost Rate" 28%
Indirect Cost $16,771.34
Total Salary and Benefits $76,668.99
*Position may be filled by Social Worker II or III. DSS shall notify Probation when there are any changes to DSS staffing assigned to this program.
**California Department of Social Services (CDSS) Indirect Cost Rate varies annually and is announced via County Fiscal Letter(CFL). DSS shall provide
Probation with the new CFL each year.
Invoice Processing Instructions:
1. DSS Finance sends assigned DSS Staff Analyst the Journal Voucher with Backup and Invoice for review and approval.
2. DSS Staff Analyst will review for accuracy. Following review, DSS Staff Analyst will send Journal Voucher with Backup and Invoice to the assigned
Probation Staff Analyst and CC Probation Contracts at ProbationContracts@fresnocountyca.gov.
3. Probation Staff Analyst with complete review and will send invoice to Probation's Assistant Deputy Chief and Probation's Business Office staff for
approval. Once review and approval is received, Probation Staff Analyst will advise DSS Staff Analyst of approval.
4. DSS Staff Analyst will share Probation's approval to DSS Finance via email and CC assigned accountants and Finance Manager.
5. Once approved,Journal Voucher will be posted by an accountant in DSS Finance.
B- 1