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Home My WebLink AboutAgreement A-23-207 Master Agreement with CalMHSA.pdf Agreement No. 23-207 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20,2023 CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY MASTER PARTICIPATION AGREEMENT COVER SHEET 1. Fresno County("Participant") desires to participate in the Program identified below. Name of Program: Behavioral Health Workforce Program 2. California Mental Health Services Authority ("CaIMHSA") 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. O Exhibit A Program Description and Funding O Exhibit B General Terms and Conditions O Exhibit C Training and Certification Courses • Attachment A—Order Form Template O Exhibit D Medi-Cal Peer Support Specialist Offerings • Attachment B—Order Form Template 3. The maximum amount payable under this Agreement is not to exceed $134,250. 4. Funds payable under this agreement are subject to reversion: • Yes: Reversion dates for the following fiscal years are: • FY 22/23:June 30, 2023 • FY 23/24:June 30,2024 • FY 24/25:June 30, 2025 • FY 25/26:June 30,2026 • FY 26/27:June 30, 2027 • FY 27/28: December 31, 2027 5. The term of the Program is April 1, 2023,through December 31, 2027 6. Authorized Signatures: CaIMHSA 0 cuftned by: Signed:Fr, a itl Natr Name(Printed): Dr.Amie Miller, Psy.D., MFT 62E9EFBAB7CC446.. Title: Executive Director Date: 4/20/2023 Participant: FRESNO COUNTY Fresno County—Participation Agreement DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Signed: Name(Printed): Sal Quintero Title:Chairman of the Board of Supervisors Date: S -! '02 3 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California BY_ Deputy FOR ACCOUNTING USE ONLY: Fund: 0001 Subclass: 10000 ORG: 56304756 Fresno County—Participation Agreement DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20,2023 Account: 7295 Fresno County—Participation Agreement DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20,2023 Participation Agreement EXHIBIT A—PROGRAM DESCRIPTION A. Name of Program: Behavioral Health Workforce Program B. Term of Program:April 1,2023,through December 31,2027 C. Program Objective and Overview: Obiective: In an effort to combat the labor workforce shortages and lack of adequate training across California County Behavioral Health Agencies, CaIMHSA has created a new Behavioral Health Workforce Program that will act as the umbrella program for a variety of workforce,staffing, and training programs. Overview: The Behavioral Health Workforce Program Master Participation Agreement includes separate programs Participants may choose to join. Each program has a designated Exhibit describing the program goals,and an accompanying,distinct Order Form that reflects the costs and administrative fees associated with that specific program. This Agreement's not-to-exceed total listed on the Agreement Cover Page is an estimated amount determined based on your County size. Fresno County—Exhibit B—General Terms and Conditions Page 4 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20,2023 Participation Agreement EXHIBIT B—General Terms and Conditions 1. 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: I. 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. II. Member — A County (or JPA of two or more Counties) that has joined CaIMHSA and executed the CaIMHSA Joint Powers Agreement. III. 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. IV. Mental Health Services Division (MHSD) —The Division of the California Department of Health Care Services responsible for mental health functions. V. Participant—Any County participating in the Program either as Member of CaIMHSA or under a Memorandum of Understanding with CaIMHSA. VI. Program—The program identified in the Cover Sheet. 11. Responsibilities A. Responsibilities of CaIMHSA: a. Act as the Fiscal and Administrative agent for the Program. b. Manage funds received consistent with the requirements of any applicable laws, regulations,guidelines and/or contractual obligations. c. Provide regular fiscal reports to Participant and/or other public agencies with a right to such reports. d. Comply with CaIMHSA's Joint Powers Agreement and Bylaws. B. Responsibilities of Participant: a. Participant will pay for individual program services as defined in the fiscal terms in each individual Exhibits C and D. b. Provide CaIMHSA and any other parties deemed necessary with requested information and assistance in order to fulfill the purpose of the Program. c. Responsible for any and all assessments, creation of individual case plans, and providing or arranging for services. d. Cooperate by providing CaIMHSA with requested information and assistance in order to fulfill the purpose of the Program. e. Provide feedback on Program performance. Fresno County—Exhibit B—General Terms and Conditions Page 5 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 f. Comply with applicable laws, regulations, guidelines, contractual agreements, JPAs, and bylaws. Ill. Duration,Term,and Amendment A. The term of the Program is 57 months. B. This Agreement may be supplemented, amended, or modified only by the mutual agreement of CalMHSA 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,anyfunds 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$134,250 during the project period. VI. Limitation of Liability and Indemnification A. To the fullest extent permitted by law, each party shall hold harmless, defend and indemnify the other party, including its governing board, officers, employees and agents from and against any and all claims, losses, damages, liabilities, disallowances, recoupments, and expenses, including but not limited to reasonable attorney's fees and costs, arising out of or resulting from each party's negligence or willful misconduct in the performance of its obligations under this Agreement, including the performance of each party's subcontractors, except that each party shall have no obligation to indemnify the other party and its indemnitees for damages to the extent resulting from their own negligence or willful misconduct. Each party may participate in the defense of any such claim without relieving the other of any obligation hereunder. VI.(A) survives the termination of this Agreement. B. CalMHSA is responsible only for funds as instructed and authorized by participants. CalMHSA 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. Fresno County—Exhibit B—Genera!Terms and Conditions Page 6 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 C. CaIMHSA 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"). D. Required Policies Without limiting the County's right to obtain indemnification from CaIMHSA or any third parties,CaIMHSA,at its sole expense,shall maintain in full force and effect,the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement: Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. CaIMHSA shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the CaIMHSA's policy. Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. Workers Compensation.Workers compensation insurance as required by the laws of the State of California with statutory limits. Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy,then (1)the retroactive date must be prior to the date on which services began under this Agreement; (2) CaIMHSA shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement;and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then CaIMHSA shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. Additional Requirements (A) Verification of Coverage.Within 30 days after CaIMHSA signs this Agreement,and at any time during the term of this Agreement as requested by the County's Risk Manager or the County Administrative Office, CaIMHSA shall deliver, or cause its broker or producer to deliver,to the County Risk Manager,at 2220 Tulare Street, 16th Fresno County—Exhibit B—General Terms and Conditions Page 7 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Floor, Fresno,California 93721,or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) CalMHSA has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned.The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self- insurance,maintained by the County shall be excess only and not contributing with insurance provided under CaIMHSA's policy. (iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement. (iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy,which must be prior to the date on which services began under this Agreement. (B) Acceptability of Insurers.All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A:VII. (C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the CaIMHSA shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the CaIMHSA shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason,and for any other change to the policy, CalMHSA shall,or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of CaIMHSA or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (D) County's Entitlement to Greater Coverage. If CalMHSA has or obtains insurance with broader coverage,higher limits,or both,than what is required underthis Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, CaIMHSA shall deliver, or cause its broker or producer to deliver, Fresno County—Exhibit B—General Terms and Conditions Page 8 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. (E) Waiver of Subrogation. CaIMHSA waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker's compensation insurance required by this Agreement. CaIMHSA is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but CaIMHSA's waiver of subrogation under this paragraph is effective whether or not CaIMHSA obtains such an endorsement. (F) County's Remedy for Ca1MHSXs Failure to Maintain. If CaIMHSA fails to keep in effect at all times any insurance coverage required underthis Agreement,the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure,or purchase such insurance coverage, and charge the cost of that coverage to CaIMHSA.The County may offset such charges against any amounts owed by the County to the CaIMHSA under this Agreement. Fresno County—Exhibit B—General Terms and Conditions Page 9 of 95 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Participation Agreement Exhibit C—Training and Certification Courses I. Program Overview: A.This program was created to provide Training and Certification courses to Participant's staff as needed. Depending on the type of course-training and certifications will be made available via a virtual meeting platform or recorded online at CalMHSA's Learning Management System. Examples of potential trainings and certifications include substance use, mental health, law and ethics, 5150, and care coordination. II. Budget and Fiscal Provisions: A.Services— Training Type Maximum Budget for Training and Certification Courses Training and Certification Not to Exceed $100,000 over the project period B. Payment Method— Participant will submit an Order Form to CaIMHSA on a monthly basis at accountsreceivable@calmhsa.org using the template listed in Exhibit C—Attachment A—Order Form Template. CalMHSA will then invoice for services requested. Participant will pay invoice within 45 days of receipt. Participant will pay in arrears for services utilized. C.Administrative Fee— Participant will be charged a 15%administrative fee inclusive in the total cost of each service. III. Registration and Alerts A. Participant will be alerted of potential courses either via an email to a designated County liaison, publicly posted on our website, and/or be made available through the CalMHSA Virtual Learning Management System. Participant will register for the courses via a registration link provided by CalMHSA either directly via email, publicly posted on our website, and/or be made available through the CalMHSA Virtual Learning Management System for a set price specific to each course. Fresno County- Workforce Master Participation Agreement Page 10 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Participation Agreement Attachment A—Training Program Order Form [ORDER FORM#] [DATE] PARTICIPANT: PAYMENT MADE TO: California Mental Health Services Authority 1610 Arden Way,STE 175 Sacramento,CA 95815 ProgramTraining Order Form Registrant Name Date of Course Training Rate Total Course Jane Doe 711123 3-Hour 5150 $130 $130 Training Total Cost of Courses $130.00 Total $130 Authorized Signatory: Name: Date: Fresno County- Workforce Master Participation Agreement Page 11 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Participation Agreement Exhibit D—Medi-Cal Peer Support Specialist Program Offerings I. Program Overview: A. CalMHSA established a Medi-Cal Peer Support Specialist Certification program as required in BHIN 21-041 for interested counties. This program allows the Participant to purchase Medi-Cal Peer Support Specialist Certification related items as needed. II. Budget and Fiscal Provisions: A. Services— Medi-Cal Peer ...rt Specialist Program Maximum Budget for Medi-Cal Peer Support Offerings Specialist Program Offerings See Table 1 for Rates for Services Not to Exceed$34,250 over the project period B. Rates for Services— Table 1 Item Cost Peer Support Specialist Certification Bundle* (covers costs of application, core competency $1,850 training, and one-time exam) Application for Medi-Cal Peer Support Certification $100 80-hour Core Competency Training for Medi-Cal Peer Support Specialist Not to Exceed $1600* Parent Family Caregiver Specialization Training Course Not to Exceed $1600* Crisis Specialization Training Course Not to Exceed $1600* Unhoused Specialization Training Course Not to Exceed $1600* Fresno County- Workforce Master Participation Agreement Page 12 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Justice-Involved Specialization Training Course Not to Exceed $1600* Medi-Cal Peer Support Specialist Certification Exam $150/per attempt Exam Retake $150/per attempt Biennial Renewal for—re-certification for Medi-Cal Peer Support Specialist $80 Reinstatement of Certification for Medi-Cal Peer Support Specialist $80 Training Provider Application- Medi-Cal Peer Support Specialist Training(valid for 2 years $300 from date of approval) Training Provider Application—Specialization Training Course(s) (valid for 2 years from $300/per date of approval) specialization Training Provider Application -Continuing Education Training(valid for 2 years from date $300 of approval) Training Provider Application—40-Hour Refresher Training Course for Medi-Cal Peer $300 Support Specialist(valid for 2 years from date of approval) Training Provider Application—Renewal of Approval (valid for 2 years from date of re- $300 approval) Supervisor Training $0 *Training Course Fees will be dependent on the Training Vendor Selected. B. Payment Method— Participant will submit an Order Form to CaIMHSA on a monthly basis at accountsreceivable@calmhsa.org using the template listed in Exhibit D—Attachment B—Order Form Template. CalMHSA will then invoice Participant for services requested. Participant will pay invoice within 45 days of receipt. Participant will pay in arrears for services utilized. C.Administrative Fee— Participant is subject to a 15%administrative fee to be charged only to the following items: • Peer Support Specialist Certification Bundle* (covers costs of application, core competency training, and one-time exam) • 80-hour Core Competency Training for Medi-Cal Peer Support Specialist • Parent Family Caregiver Specialization Training Course • Crisis Specialization Training Course • Unhoused Specialization Training Course Fresno County- Workforce Master Participation Agreement Page 13 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 • Justice-Involved Specialization Training Course Participation Agreement Attachment B—Medi-Cal Peer Support Specialist Program Offerings [ORDER FORM#] [DATE] PARTICIPANT: PAYMENT MADE TO: California Mental Health Services Authority 1610 Arden Way,STE 175 Sacramento,CA 95815 SupportMedi-Cal Peer Item Cost** Number of Items Total Peer Support Specialist Certification $1,850* Bundle* (covers costs of application,core competency training, and one-time exam) Application for Medi-Cal Peer Support $100 Certification 80-hour Core Competency Training for Not to Exceed$1600* Medi-Cal Peer Support Specialist Parent Family Caregiver Specialization Not to Exceed $1600* Training Course Crisis Specialization Training Course Not to Exceed$1600* Unhoused Specialization Training Course Not to Exceed $1600* Justice-Involved Specialization Training Not to Exceed$1600* Course Medi-Cal Peer Support Specialist $150/per attempt Certification Exam Exam Retake $150/per attempt Biennial Renewal for—re-certification for $80 Medi-Cal Peer Support Specialist Reinstatement of Certification for Medi- $80 Cal Peer Support Specialist Training Provider Application- Medi-Cal $300 Peer Support Specialist Training(valid for 2 years from date of approval) Fresno County- Workforce Master Participation Agreement Page 14 of 15 DocuSign Envelope ID:62EC9859-3A13-408C-AE55-A9775CF89EF6 3593-WORK-2023-FC Behavioral Health Workforce Program April 20, 2023 Training Provider Application— $300/per specialization Specialization Training Course(s) (valid for 2 years from date of approval) Training Provider Application-Continuing $300 Education Training(valid for 2 years from date of approval) Training Provider Application—40-Hour $300 Refresher Training Course for Medi-Cal Peer Support Specialist (valid for 2 years from date of approval) Training Provider Application—Renewal of $300 Approval(valid for 2 years from date of re- approval) Supervisor Training $0 Total Cost for Items Administrative Fee 15%for Cost of Items* Total Cost *Administrative Fee only applies to specific items as identified in Exhibit D of Agreement. **Training Course Fees will be dependent on the Training Vendor Selected. Participant will confirm with CalMHSA which fees to input based on their staff training selection. Authorized Signatory: Name: Date: Fresno County- Workforce Master Participation Agreement Page 15 of 15