1 INTER-DEPARTMENTAL MEMORANDUM OF UNDERSTANDING FOR
USE OF PROPOSITION 47 AND OPIOID SETTLEMENT FUNDS
(COURT COORDINATOR ROLE)
THIS INTER-DEPARTMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF PROPOSITION 47 AND OPIOID SETTLEMENT FUNDS (COURT COORDINATOR ROLE) ("MOU") is made and entered into as of June 17, 2025, by and between the CITY OF ANAHEIM HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, a department of the City of Anaheim ("Grantee Department"), and the CITY OF ANAHEIM CITY ATTORNEY’S OFFICE, a department of the City of Anaheim ("Recipient Department").
Grantee Department and Recipient Department are sometimes individually referred to as "Party" and collectively as "Parties."
RECITALS
A. The City of Anaheim ("City"), through the Grantee Department, has received Proposition 47 grant funds ("Prop 47 Funds") from the Board of State and Community Corrections ("BSCC") and Opioid Settlement funds ("Opioid Funds") from national and state opioid settlements, to be used to provide services in accordance with the respective funding requirements.
B. On November 19, 2024, the Anaheim City Council designated the Director of Housing and Community Development as the Certifying Official for Proposition 47 and Opioid Settlement funds.
C. The Director, as the Certifying Official of the City of Anaheim and Grantee Department, wishes to engage Recipient Department to provide services as set forth in this MOU.
1. Purpose
The purpose of this MOU is to establish the framework for the collaborative use of Prop 47 Funds and Opioid Funds to support the Anaheim Collaborative Court - Evaluating Strategies and Solutions (“ACCESS”) Court Coordinator role. ACCESS is a collaboration between the Orange County Superior Court, Public Defender’s Office, and Recipient Department designed to provide meaningful intervention and accountability for individuals at the intersection of homelessness, addiction, and mental illness. The Court Coordinator position will perform various administrative and coordinating duties related to Proposition 47 grant implementation and evaluation, and collaborate with the ACCESS multi-disciplinary team, as well as the City of Anaheim’s Police and Grantee Department, as it relates to homeless initiatives.
2. Background
Prop 47 Funds: Proposition 47 provides grant funding through the BSCC to support programs that reduce recidivism, including diversion and reentry services. 2 Opioid Funds: National and state opioid settlements provide funds to local governments for opioid remediation activities, including court based interventions and coordination of services for those impacted by opioid use disorders.
3. Scope of Services
a. Recipient Department shall provide the services set forth in Exhibit A (the "Program") in accordance with the budget attached as Exhibit B. Recipient Department shall also complete and submit the performance reports in substantially the form attached as Exhibit C. Exhibit A, Exhibit B, and Exhibit C are attached hereto and incorporated herein by this reference.
b. Recipient Department shall oversee the implementation and administration of the Program, including hiring and supervising the Court Coordinator, supervising and monitoring the Program, advertising the Program to the public, and providing supplies for the Program.
c. Recipient Department shall achieve at least the levels of accomplishment for the Program as set forth in Exhibit A, measured as of the end of the term of the MOU.
4. Performance
a. In performing the Program, Recipient Department shall comply with all applicable Federal, State, and local laws and regulations, including the requirements of the BSCC and the Opioid Settlement agreements.
b. Recipient Department shall carry out each activity of the Program in compliance with all relevant laws and regulations, and shall work with Grantee Department to carry out the City's responsibilities for reporting and compliance.
c. Recipient Department shall comply with all regulations regarding non-discrimination, data privacy, and program eligibility as required by the funding sources. d. Grantee Department shall monitor the Program and notify Recipient Department of any substandard performance. Recipient Department shall endeavor to correct the substandard performance as and within the time required by Grantee Department and work with Grantee Department to address any deficiencies.
e. Recipient Department shall perform the Program within the term of the MOU as set forth in Section 5.
5. Term of MOU
This MOU shall begin on July 1, 2025, and shall expire on June 30, 2028 (“Term”). a. Notwithstanding the expiration of the MOU, Recipient Department shall remain subject thereto as long as Recipient Department remains in control of Prop 47 Funds or Opioid Funds, program income, or assets obtained with such funds or income, and the close-out period has not ended. During the close-out period, Recipient Department shall make final payments, dispose of Program assets, and determine the custodianship of records. 3 b. Upon expiration of the initial term, the term of this MOU shall automatically renew for an additional three-year term unless otherwise notified in writing by the Grantee Department prior to the expiration date.
6. Suspension and Termination
a. Grantee Department may suspend or terminate this MOU if Recipient Department materially fails to comply with any term of this MOU or the grant award. b. Grantee Department may terminate this MOU or grant award for convenience.
7. Compensation
a. Recipient Department shall only seek an allocation or transfer of an amount not to exceed $345,293 from the City of Anaheim Prop 47 Funds and Opioid Funds for Program services provided under this MOU and for reimbursement of costs and expenses that Recipient Department necessarily incurs for the Program and that are eligible for reimbursement under applicable regulations.
b. Recipient Department shall comply with applicable accounting principles and procedures, implement adequate controls, and maintain source documentation for all costs incurred.
8. Uniform Administrative Requirements
Recipient Department shall comply with the requirements and standards of all applicable federal and state administrative requirements for Prop 47 Funds and Opioid Funds.
9. Records
a. Books and Records: Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the Recipient Department’s work on the Program in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of five (5) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
b. Confidentiality: Recipient Department shall maintain the confidentiality of client data and shall not disclose client data, except as required by law or as required by the administration of Grantee Department and Recipient Department's duties under this MOU.
c. Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the Program and for a minimum of five (5) years after acceptance of the final grant project audit. The Recipient 4 Department shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. d. Program Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period, including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of five (5) years following the end of the grant period.
10. Program Income; Reversion of Assets; Indirect Costs a. Recipient Department shall report to Grantee Department all program income generated by Program activities carried out with Prop 47 Funds or Opioid Funds. b. At the end of the Term of this MOU, Recipient Department shall transfer to the Grantee Department any unexpended funds and assets as required by the funding sources. c. Before requesting reimbursement or an allocation or transfer for indirect costs, Recipient Department shall adopt and obtain Grantee Department's approval of an indirect cost allocation plan for determining the share of such costs to be allocated or transferred.
11. Real and Personal Property
Recipient Department shall procure, use, manage, and dispose of personal property in accordance with applicable federal, state, and City of Anaheim policies.
12. Mandatory Prior Approvals
Recipient Department shall obtain Grantee Department’s prior written approval before incurring any of the following expenses using Prop 47 Funds or Opioid Funds:
a. Travel outside the City of Anaheim, including out-of-state; b. Fixed assets or equipment purchases exceeding $3,500 per item, including items listed in the proposal and requiring inventory tracking;
c. Incentives, including gift cards, which must be supported by an approved incentive matrix and tracking system;
d. Food and beverage purchases, which must align with allowable programmatic purposes; and,
e. Training, which must support the goals of the Program and comply with allowable cost guidelines.
All such requests must be submitted in writing with justification and supporting documentation and shall be subject to Grantee Department and, where applicable, BSCC approval.
13. Reports
Recipient Department shall submit to Grantee Department quarterly reports concerning the program in the form and with the content specified by Grantee Department as designated in §9 (a)-(c) of this MOU.
5 14. Program Recognition
When publishing materials that concern this MOU, Recipient Department shall ensure recognition of the Proposition 47 and Opioid Settlement programs by including a reference to these funding sources.
For any publications, including brochures, posters, videotapes, DVDs/CDs, or other multi-media materials, produced in whole or in part with Prop 47 Funds, Recipient Department shall notify the Grantee Department in writing at least 60 calendar days in advance of the intended publication. This requirement does not apply to transient content published solely on a project’s website.
Upon receipt of notification, the Grantee Department will determine whether formal BSCC review and approval is necessary.
15. Conflict of Interest
Recipient Department shall comply with all applicable conflict of interest requirements and covenants that no Recipient Department employee, agent, consultant, or officer who exercises or has exercised any functions or responsibilities with respect to program activities may obtain a financial interest or benefit from a funded activity.
16. Equal Employment Opportunity, Non-Discrimination Clause, and Civil Rights Compliance:
a. During the performance of this MOU, Recipient Department and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
b. Recipient Department shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. c. Recipient Department and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
d. Recipient Department shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any 6 time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. e. Recipient Department and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) f. Recipient Department shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the MOU.
17. Contracting
Recipient Department shall consult and collaborate with Grantee Department on any contract funded in whole or in part with Prop 47 Funds or Opioid Funds and shall ensure that all City of Anaheim contracts funded in whole or in part with such funds are awarded after fair and open competition.
18. Amendment
The terms and conditions of this MOU may be reviewed or modified at any time. Any modifications to this MOU shall be effective only when agreed to in writing by the duly authorized representatives of both Grantee Department and Recipient Department.
19. Entire Agreement
This MOU constitutes the entire agreement of the Parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written.
(Signatures on following page)
7 IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written above.
GRANTEE DEPARTMENT
City of Anaheim
Housing and Community Development Department
Name: ___________________________
Title: ____________________________
Date: ____________________________
RECIPIENT DEPARTMENT
City of Anaheim
City Attorney’s Office
Name: ___________________________
Title: ____________________________
Date: ____________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ___________________________
City Attorney
8 Exhibit A – Scope of Services
The Court Coordinator, funded jointly by Proposition 47 and Opioid Settlement allocations, will:
• Coordinate court based diversion and reentry service. • Serve as a liaison between the courts, treatment providers, and community partners. • Ensure compliance with reporting and data collection requirements for both funding streams.
• Track outcomes and submit quarterly progress reports as required by both the BSCC and Opioid Settlement agreements to Grantee Department.
9 Exhibit B – Program Specific Budget
Position Title No.
FT
No.
PT
No.
C
Total All
Funds
Proposition 47
Funds
Opioid
Funds
Court
Coordinator 1 0 0 $345,293 $245,700 $99,593
10 Exhibit C – Reporting
Recipient Department shall track, collect, and provide client-level demographic and status data for all individuals served under the ACCESS Program. The data shall include, but is not limited to, the following categories:
1. Client Demographics
a. Participant ID
b. Participation Status
c. Age
d. Gender
e. Race Ethnicity
f. Level of Education
g. Prior Arrests
h. Prior Convictions
i. Probations, Parole, or PRCS
j. Enrollment Date (optional)
k. Completion Date (optional)
l. Days Enrolled
2. Employment Status
a. Employment Status Enrollment
b. Employment Status Completion
c. Employment Goal
d. Housing Status Enrollment
e. Housing Status Completion
f. Housing Goal
3. Health Services
a. Mental Health Treatment
b. Substance Use Disorder (SUD) Detox
c. SUD Inpatient
d. SUD Outpatient
e. Diversion Program Participation
f. Assistance with Food
g. Basic Necessities (e.g., clothing, hygiene products) h. Case Management
i. Education Services
j. Employment Services
k. Family Services
l. Health Services
m. Housing Services
n. Legal Services
o. Re-entry Services
p. Social Services
q. Transportation Services
r. Other Support Services (with description)