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HomeMy WebLinkAboutAgreement A-24-219 with CalMHSA.pdf DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 Agreement No. 24-219 Agreement No. 5145-CVSPH-2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY PARTICIPATION AGREEMENT COVER SHEET Fresno County ("Participant") desires to participate in the Central Valley Suicide Prevention Hotline Program offered by the California Mental Health Services Authority("CaIMHSA") on the terms provided in this Participation Agreement ("Agreement'). Participant acknowledges that the Program also will be governed by CaIMHSA's Joint Powers Agreement and its Bylaws. The Agreement is effective on July 1, 2023, through June 30, 2024 ("Term"). The following exhibits are attached and form part of this Agreement: Exhibit A Detailed Program Description Exhibit B General Terms and Conditions 1. Summary of Program: The Central Valley Suicide Prevention Hotline (CVSPH) will be administered through CaIMHSA on behalf of counties that are participating in and funding the program. It will serve as the primary suicide prevention hotline for these counties. 2. Funding: The Program requires the following funding and payments: The Program Funding is inclusive of a Program Management Fee of 15%, in the amount of $58,289.31, upon execution of Agreement. The maximum amount payable under this Agreement is $446,884.69. 3. County to confirm if funds payable under this agreement are: ❑ From a federal source or program (explain below) Amount$ ❑ Restricted (explain below): Amount$ 446,884.69 ❑ Contingent (explain below): Amount$ Explanation of Restriction(s): Funds must be used for suicide prevention activities related to the hotline. *County confirms that aside from the above,there are no other funding restrictions. 4. The parties agree that this Agreement may be executed by electronic signature as provided in this section.An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature,including but not limited to(1)a digital signature;(2)a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division Fresno County—Participation Agreement for Central Valley Suicide Prevention Program DocuSign Envelope ID:A2B95288-951 D-4F02-B8B1-A9D5FE6D5906 Agreement No. 5145-CVSPH-2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5,subdivision (a), paragraphs(1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 5. Authorized Signatures: CalMHSA Signed:.---""-° . Name (Printed): Dr.Arnie Miller, Psy.D., MFT n� a Title: Executive Director Date: 4/12/2024 Participant: Signed: Name (Printed): Nathan Magsig Title:Chairman of the Board of Supervisors of the County of Fresno Date: 512( /Zt( ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County ��of��Fresno,State ofCalifornia By'� "�'fi�s� �- ILi.-- - Deputy Fresno County—Participation Agreement for Central Valley Suicide Prevention Program DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 Agreement No. 5145- CVSPH -2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County Participation Agreement EXHIBIT A—Detailed Program Description Detailed Program Description: The CVSPH Program will operate a 24/7 suicide prevention hotline, as funding allows, accredited by the American Association of Suicidology and will continue to answer calls through its participation in the National Suicide Prevention Lifeline.CVSPH will also maintain its hotline website and will provide outreach and technical assistance to counties that are participating and funding the program. Based on county interest,additional activities may be added to this program and may include participating in the statewide Common Metrics program and expanding the hotline's ability to answer calls in other languages. Fresno County—Exhibit A—Detailed Program Description Page 3 of 7 DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 Agreement No. 5145- CVSPH -2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County Participation Agreement EXHIBIT B-General Terms and Conditions I. Definitions The following words,as used throughout this Agreement,shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used: A. CalMHSA — 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. Member — A County (or JPA of two or more Counties) that has joined CalMHSA and executed the CalMHSA Joint Powers Agreement. C. 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. D. Mental Health Services Division (MHSD) —The Division of the California Department of Health Care Services responsible for mental health functions. E. Participant—Any County participating in the Program either as Member of CalMHSA or under a Memorandum of Understanding with CaIMHSA. F. Program — The program identified in the Cover Sheet offered by CalMHSA under the Agreement as offered by CaIMHSA. II. Responsibilities A. Responsibilities of CalMHSA: 1. Provide the Program as described in the Agreement. 2. Act as the Fiscal and Administrative agent for the Program. 3. Manage funds received consistent with the requirements of applicable laws, regulations, and this Agreement. 4. Provide regular fiscal reports to Participant and/or other public agencies with a right to such reports. 5. Comply with CaIMHSA's Joint Powers Agreement and Bylaws. B. Responsibilities of Participant: 1. Pay for the Program as set out in this Agreement.All payments are due within 30 days of a due date under this Agreement, an invoice or as applicable, 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. Follow any county requirements and assist as needed as set out in this agreement. 4. Cooperate by providing CalMHSA with requested information and assistance in order to fulfill the purpose of the Program. 5. Provide feedback on Program performance. Fresno County—Exhibit B—General Terms and Conditions Page 4 of 7 DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 Agreement No. 5145- CVSPH -2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County 6. Comply with applicable laws, regulations, guidelines, contractual agreements, JPAs, and bylaws. III. Amendment.This Agreement may be supplemented, amended, or modified only by the mutual agreement of CaIMHSA and the Participant, expressed in writing and signed by an authorized representative of both parties. IV. Withdrawal, Cancellation, and Termination A. Participant may withdraw from the Program and terminate the Agreement upon two (2) 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. CaIMHSA may terminate, cancel or limit the Program due to unforeseen circumstances, lack of County participation, government restrictions, inability to provide the Program due to vendor, lack of funding, force majeure or other restrictions. D. If applicable, upon cancellation, termination, or other conclusion of the Program, any funds remaining undisbursed after CaIMHSA satisfies all obligations arising under the Program shall be returned to Participant. However, funds used to pay for completed deliverables, services rendered, upfront fees to create the Program, or fees for portal/platform ongoing services etc. are not subject to such reversion subject to applicable laws. Unused funds that were 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 to a particular Participant. Excess funds at the conclusion of county-specific efforts will be returned to the particular County that paid them per the Program. V. Fiscal Provisions. 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 the Cover Sheet of this Agreement. VI. Limitation of Liability, No Warranty and Indemnification A. Limitation of Liability. CalMHSA is responsible only for use of funds as instructed and authorized by participants. CalMHSA is not liable for damages (direct or consequential) beyond the amount of any funds payable identified on the Cover Sheet of this Agreement. B. No Warranties. Any platform, portal, apps or other services are provided 'as is' with no warranty except as required by law. C. Indemnification. Participant shall indemnify, hold harmless and defend CalMHSA, its officers, directors, employees, agents, members and consultants from and against any and all claims, costs, losses, fees, penalties, fines, injury, damage(s) and liabilities arising from the services or work provided or to be provided under the Agreement. D. No Responsibility for Mental Health Services. 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"). Participant will defend and indemnify CaIMHSA for any claim, demand, Fresno County—Exhibit B—General Terms and Conditions Page 5 of 7 DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 Agreement No. 5145- CVSPH -2023-FRESNO Central Valley Suicide Prevention Hotline Fresno County disallowance, suit, or damages arising from Participant's acts or omissions in connection with the provision of mental health services. Fresno County—Exhibit B—General Terms and Conditions Page 6 of 7 DocuSign Envelope ID:A2B95288-951D-4F02-B8B1-A9D5FE6D5906 PARTICIPATION AGREEMENT BETWEEN THE COUNTY OF FRESNO AND CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY Agreement No.: 5145-CVSPH-2023-FRESNO Term: July 1, 2023 through June 30, 2024 FOR FRESNO COUNTY ACCOUNTING USE ONLY: Fund/Subclass: 0001/10000 Organization: 56304776 ($446,885) Account/Program: 7295/0 Fresno County Participation Agreement—Fresno County Accounting Form Page 7 of 7