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HomeMy WebLinkAboutAgreement A-24-475 with CalMHSA.pdf Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Agreement No. 24-475 Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: Fresno County CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY PARTICIPATION AGREEMENT RAND Evaluation Project COVER SHEET Fresno County("Participant") desires to participate in the Community Services and Supports Evaluation Program ("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 upon execution,through June 30, 2025 ("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: Through a research agency, CaIMHSA will provide the evaluation of Fresno County Department of Behavioral Health's programs. 2. Funding: The Program requires the following funding and payments: The Program requires the Participant to pay a Program Management fee in the amount of$74,979. to be paid upon Agreement execution. The maximum amount payable under this Agreement is 574 837. Amount Program Funding $499,858 Program Management Fee $74,979 Maximum Amount Payable $574,837 Authorized Signatures: CaIMHSA DocuSigned by: CV', bill, N� Signed: 82F9FFRAR7cc448 Name(Printed): Dr.Arnie Miller, Psy.D., MFT Title: Executive Director Date: 8/9/2024 Participant: Signed: Name (Printed): Nathan Magsig Title:Chairman of the Board of Supervisors Date: C1 h D I202 H of the County of Fresno ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By tom' �� Deputy RAND Evaluation Project—Fresno County—Participation Agreement Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: Fresno County Participation Agreement EXHIBIT A—Detailed Program Description Detailed Program Description: The Program will provide an evaluation of Participant's Behavioral Health programs. The evaluation is focused on continuing research and providing data-driven findings that will aid in the development of best practices, fiscal outcomes, and potential benchmarks for Participant's programs. A workplan will be developed to identify which programs are measurable and qualify for evaluation.A comprehensive review of guidance and regulations of Proposition 1, a literature review, and environmental scan will be conducted to inform Participant of best practices. CalMHSA will provide a final public facing report,to be published at the end of the evaluation project. Fresno County Exhibit A—Detailed Program Description Page 2 of 6 Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: 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. 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. Member — A County (or JPA of two or more Counties) that has joined CalMHSA and executed the CaIMHSA 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. 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 CaIMHSA or under a Memorandum of Understanding with CaIMHSA. F. Program — The program identified in the Cover Sheet offered by CalMHSA under the Agreement. 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. Payments are due within 30 days of receipt of an invoice or, as applicable, within 30 days of Agreement execution. 2. Provide CaIMHSA and any other parties deemed necessary with requested information and assistance to fulfill the purpose of the Program. 3. Where applicable, ensure completion of any Participant requirements set out in Exhibit A including all assessments, creation of individual case plans, and providing or arranging for services. 4. Cooperate by providing CalMHSA with requested information and assistance to fulfill the purpose of the Program. Fresno County Exhibit B—General Terms and Conditions Page 3 of 6 Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: Fresno County 5. Provide feedback on Program performance. 6. Comply with applicable laws, regulations, guidelines, contractual agreements, JPA requirements, 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 six (6) months' written notice to CaIMHSA. Notice shall be deemed served on the date of mailing. B. Member Cost Sharing. The withdrawal 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 share of unavoidable expenses and liabilities arising during their participation period. C. CaIMHSA may terminate, cancel, change, or limit the Program due to circumstances, including but not limited to, lack of County participation,government restrictions, issues with vendors or their services/platforms/products, lack of funding, governmental funding changes, inability to provide the Program due to vendor(s), regulatory changes, force majeure, or other issues. 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 any portal or platform,ongoing services etc.are not subject to such reversion (subject to applicable laws). Unused funds that were paid for by 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. Participant will provide funding for the costs of planning, administration, and evaluation, which are included in the amount stated on the Cover Sheet of this Agreement. VI. Indemnification. A. Indemnification. To the fullest extent permitted by law, each party shall hold harmless, defend and indemnify the other party, including its governing board, 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, arising out of or resulting from the indemnifying party's negligence or willful conduct in the performance of its obligations under this Agreement, including the performance of the other's subcontractors, except that each party shall have no obligation to indemnify the other for damages to the extent resulting from the negligence or willful misconduct of any indemnitee. Each party may participate in the defense of any such claim without relieving the other of any obligation hereunder. Fresno County Exhibit B—General Terms and Conditions Page 4 of 6 Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: Fresno County B. No Responsibility for Mental Health Services. 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 B—General Terms and Conditions Page 5 of 6 Docusign Envelope ID:94022AE0-4C95-4C17-A296-1FCB402E103A Fresno County CSS RAND PA Final 6.26.24 Program: CSS County: Fresno County PARTICIPATION AGREEMENT BETWEEN THE COUNTY OF FRESNO AND CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY Agreement Term: Effective Upon Execution through June 30,2025 FOR FRESNO COUNTY ACCOUNTING USE ONLY: Fund/Subclass: 0001/10000 Organization: 56304710 ($574,837) Account/Program: 7295/0 Fresno County Exhibit B—General Terms and Conditions Page 6 of 6