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HomeMy WebLinkAboutAgreement A-18-700 with CalMHSA.pdfMEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF FRESNO AND Agreement No. 18-700 CALIFORNIA MENTAL HEALTH SERVICES AUTHORITYFOR TRANSLATION SERVICES This Memorandum of Understanding ("MOU") is made as of October 22, 2018 ("Effective Date") between the County of Fresno ("COUNTY"), a political subdivision of the State of California, and the California Mental Health Services Authority ("CalMHSA"), a joint powers authority formed by counties pursuant to Government Code section 6500 et seq. (individually, a "Party"; collectively, the "Parties"). A. PURPOSE AND SCOPE OF AGREEMENT The Triennial Protocol (Section BSf) requires counties have "a mechanism for ensuring accuracy of translated materials in terms of both language and culture (e .g., back translation and/or culturally appropriate field testing)." CalMHSA agrees to carry out the Mental Health Plan (MHP) and Drug Med- Cal Organized Delivery Systems (DMC-ODS) Handbook Translation Project on behalf of all counties to save costs and create uniformity across the counties. Therefore, CalMHSA will execute contracts for the translation of the DMC-ODS and M HP Beneficiary Handbooks, which will be translated into all sixteen (16) prevalent languages identified by the California Department of Health Care Services (DHCS), seventeen ( 17) including English, as well as Braille . COUNTY has approved CalMHSA to advance costs as needed to start the project, however, not to exceed the Maximum Compensation stated below in Section B. CalMHSA is precluded from claiming Medi -Cal and the One -Time County Translation Cost state funds that are available . COUNTY has agreed to serve as the primary fiscal agent to be responsible for paying the costs of translation and obtain reimbursement from Medi-Cal and the One-Time County Translation funds to offset the cost of the translation . The first translation should be available in three (3) to eight (8) days after execution of this MOU with the back translation and/or culturally appropriate field testing taking three (3) to four (4) months. The costs would include compensation for individuals participating in the community review. B. BUDGET The Maximum Compensation of this MOU shall not exceed $125,000 .00 . The full amount is to be paid upon execution of this MOU. C. TERM/TERMINATION 1. The term of this MOU will be for one (1) calendar year, beginning on the Effective Date . 2. Either Party may terminate this MOU by giving at least ninety (90) calendar days notice to the other Party; provided, however, such termination will not be effective, and this MOU will remain i n full force and effect, unle ss and until the Parties execute a new MOU . CalMH SA-F resno Co unty M OU - Tra n slati o n Pro ject provisions shall not be affected or impaired thereby. Any such provision will be enforced to the maximum extent possible so as to effect the reasonable i ntent of the Parties and will be reformed without further action by the Parties to the extent necessary to make such provision valid and enforceable. 6 . Risk Allocation . It is the intention of both parties that neitlier will be responsible for the negligent and/or intentional acts and/or omissions of the other, or its officers, directors, officers, agents and employees. The Parties therefore disclaim in its entirety the pro rata risk allocation that could otherwise apply to this MOU pursuant to Government Code 895 .6. Instead , pursuant to Government Code section 895.4, the Parties agree to use principles of comparative fault when apportioning any and all losses that may arise out of the performance of this MOU. 7. Counterparts. This MOU may be executed in counterparts, each of which is considered an origina l but all of which together shall constitute one instrument. IN WITNESS WHEREOF, the Parties have executed this MOU effective as of the date first written above . CALMHSA ~ , Signed: (}{ ~~ Name (Printed): ..... J,ao"'-h""n....;;E;;.;.•....;;C;.;..h;.;;;a""g""u..;..;ic;.;;;a'--------- Title : Ubief ooerating Officer Date : __ l_l-'1'..,_l_'-f...:...:...f...;..1..::8 __________ _ Address : CalMHSA, 3043 Gold Canal Drive, Suite 200. Rancho Cordova. CA 95670 Phone : (916) 859-4800 Email : John .Chaquica@calmhsa .org COUNTY Signed : Name (Printed): Sal Quintero Title : ____;C~=~;..:::..:..:~i::.:::.:.~:..:....:::=e:::..:r..:.v:.::is~o:...::rs:..,..__Date: I ~ -\ l -l2f'. ATTEST: BERNICE E . SEIDEL Clerk of the Board of Supe rvisors County of Fresno, State of California By S-i.A'SO,;n B,~ Deputy CalM HSA-Fre sno Co u nt y M O U -Tran slat ion Pro je ct AGREEMENT BETWEEN THE COUNTY OF FRESNO AND CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY Term: October 22, 2018 through October 21, 2019 FOR FRESNO COUNTY ACCOUNTING USE ONLY: Fund/Subclass: 0001/10000 Organization: 56302005 ($125,000) Account/Program: 7295/0