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Home My WebLink AboutAgreement A-22-228 with CalMHSA (2).pdf DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 22-228 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7, 2022 CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY PARTICIPATION AGREEMENT COVER SHEET 1. Fresno County Behavioral Health ("Participant") desires to participate in the Program identified below. Name of Program: Psychiatric Advance Directives("PAD") Implementation 2. California Mental Health Services Authority ("CalMHSA") and Participant acknowledge that the Program will be governed by CaIMHSA's Joint Powers Agreement and its Bylaws, and by this participation agreement.The following exhibits are intended to clarify how the provisions of those documents will be applied to this particular Program. b Exhibit A Program Description and Funding b Exhibit B General Terms and Conditions 3. The maximum amount payable under this Agreement is $550,000. 4. Funds payable under this agreement are subject to reversion: ❑ Yes: Reversion Date [ I No. 4. The term of the Program is (June 7, 2022)through (June 30, 2024). 5. Authorized Signatures: Fresno County—Participation Agreement DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7,2022 CaIMHSA E51085C7048k.. Signed_C &IG Name(Printed): Dr.Amie Miller, Psy.D.,MFT Title: Executive Director Date: 5/23/2022 Participant: LOLSigned: Name(Printed): Brian Pacheco Chairman of the Board of Supervisors of Title: the County of Fresno Date: �o' Signed: Name(Printed): Susan Holt Title: Director, Mental Health Department Date: ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County/of,Frressno,State of California BY- Lt Dep — Fresno County—Participation Agreement DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7, 2022 Participation Agreement EXHIBIT A—PROGRAM DESCRIPTION I. Name of Program: Fresno County Psychiatric Advance Directive ("PAD") Implementation II. Term of Program: This is a two-year, contract, beginning June 7, 2022, and terminating on June 30, 2024, with the option for early termination or extension as provided below. III. Program Objective and Overview: Objective: The primary objective is to develop an effective, community-centric engagement process for PADS with the target populations. Key information to be gathered includes how individuals served engage with PAD process, buy-in from providers, crisis services, and first responders, PAD's effect on engagement in behavioral health services, and whether PAD helps reduce hospitalization and/or incarceration. Overview: Fresno County is part of an MHSOAC-approved, multi-county Innovation project which is working to develop and begin the implementation of a statewide Psychiatric Advanced Directive. This statewide effort seeks to create a uniform PAD to be used throughout California, to develop an easily accessible database to store and, when appropriate, allow access to a PAD by the individual, their chosen support system, emergency personnel, and crisis service providers. In addition, the project is seeking to educate the community as a whole, including Peers,family members, and loved ones. To support the local implementation of the multi-county project Fresno County is seeking to partner with organizations that can help streamline this implementation and support community understanding of the project and PAD goals.The project will be prioritizing two populations in this pilot process: 1. Persons served under conservatorship by the Department, and. 2. Individuals who may be experiencing homelessness and who may not be receiving any service Fresno County—Exhibit A—Program Description Page 3 of 6 DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7, 2022 Participation Agreement EXHIBIT B—General Terms and Conditions I. Definitions The following words,as used throughout this Participation Agreement,shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used: A. CaIMHSA — California Mental Health Services Authority, a Joint Powers Authority (JPA) created by counties in 2009 at the instigation of the California Mental Health Directors Association to jointly develop and fund mental health services and education programs. B. Mental Health Services Division (MHSD) —The Division of the California Department of Health Care Services responsible for mental health functions. C. Member — A County (or JPA of two or more Counties) that has joined CaIMHSA and executed the CaIMHSA Joint Powers Agreement. D. Mental Health Services Act (MHSA) — A law initially known as Proposition 63 in the November 2004 election that added sections to the Welfare and Institutions Code providing for, among other things, PEI Programs. E. Participant—Any County participating in the Program either as Member of CaIMHSA or under a Memorandum of Understanding with CaIMHSA. F. Program—The program identified in the Cover Sheet. G. Psychiatric Advanced Directive — A psychiatric advanced directive ("PAD") is a legal document which documents an individual's treatment preferences to support their care if a time of non-competency arises. II. Responsibilities A. Responsibilities of CaIMHSA: 1. Act as the Fiscal and Administrative agent for the Program. 2. Manage funds received consistent with the requirements of any applicable laws, regulations,guidelines and/or contractual obligations. 3. Provide regular fiscal reports to Participant and/or other public agencies with a right to such reports, as requested. 4. Comply with CaIMHSA's Joint Powers Agreement and Bylaws. B. Responsibilities of Participant: 1. Transfer of full funding amount for the Program as specified in Exhibit A, Program Description and Funding, including administrative fee, which Participant will pay within 30 days of execution of this agreement. 2. Provide CaIMHSA and any other parties deemed necessary with requested information and assistance in order to fulfill the purpose of the Program. 3. Cooperate by providing CaIMHSA with requested information and assistance in order to fulfill the purpose of the Program. 4. Provide feedback on Program performance. Fresno County-Exhibit 8— General Terms and Conditions Page 4 of 6 DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7, 2022 S. Comply with applicable laws, regulations, guidelines, contractual agreements, JPAs, and bylaws. III. Duration,Term,and Amendment A. The term of the Program is for 24 months. B. This Agreement may be supplemented, amended, or modified only by the mutual agreement of CaIMHSA and the Participant,expressed in writing and signed by authorized representatives of both parties. IV. Withdrawal,Cancellation, and Termination A. Participant may withdraw from the Program and terminate the Participation Agreement upon six (6) months' written notice. Notice shall be deemed served on the date of mailing. B. The withdraw of a Participant from the Program shall not automatically terminate its responsibility for its share of the expense and liabilities of the Program. The contributions of current and past Participants are chargeable for their respective share of unavoidable expenses and liabilities arising during the period of their participation. C. Upon cancellation,termination,or other conclusion of the Program,any funds remaining undisbursed after CaIMHSA satisfies all obligations arising from the administration of the Program shall be returned to Participant. Unused funds paid for a joint effort will be returned pro rata to Participant in proportion to payments made. Adjustments may be made if disproportionate benefit was conveyed on particular Participant. Excess funds at the conclusion of county-specific efforts will be returned to the particular County that paid them. V. Fiscal Provisions A. Funding required from Participant will not exceed the amount stated in Exhibit A, Program Description and Funding. B. Payment Terms—Lump sum payment of$550,000 C. In a Multi-County Program, Participants will share the costs of planning, administration, and evaluation in the same proportions as their overall contributions,which are included in the amount stated in Exhibit A, Program Description and Funding. VI. Limitation of Liability and Indemnification A. CaIMHSA is responsible only for funds as instructed and authorized by participants. CaIMHSA is not liable for damages beyond the amount of any funds which are identified on the cover page of this Agreement, without authorization or contrary to Participant's instructions. B. To the fullest extent permitted by law, each party shall hold harmless, defend and indemnify the other party, its governing board, employees, and agents from and against any and all claims, losses,damages, and liabilities, including but not limited to reasonable attorneys' fees, arising out of the performance of this agreement but only in proportion to and to the extent such claim, loss, damage, liability or attorney fee are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, employees or agents. Fresno County-Exhibit 8— General Terms and Conditions Page 5 of 6 DocuSign Envelope ID:431B696C-F803-4206-A885-E65B6CCOB904 Agreement No. 1387-PAD-2022-FC Psychiatric Advance Directive June 7, 2022 CalMHSA is not undertaking responsibility for assessments, creation of case or treatment plans, providing or arranging services, and/or selecting, contracting with, or supervising providers (collectively, "mental health services"). Participant will defend and indemnify CalMHSA for any claim,demand,disallowance,suit,or damages arising from Participant's acts or omissions in connection with the provision of mental health services. Fresno County-Exhibit 8— General Terms and Conditions Page 6 of 6