Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 3.01 Subject: Memorandum of Understanding - CalMHSA Sustainability Funding Commitment Department: Behavioral Health Meeting Requested: 5/5/15 Contact: Dorian Kittrell Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). On October 27, 2009, the Board of supervisors approved Butte County Department of Behavioral Health s (BCDBH) membership in the California Counties Mental Health Services Authority (CalMHSA) Joint Powers Authority (JPA). The purpose of CalMHSA is to administer the statewide Mental Health Services Act Prevention Early Intervention (PEI) projects. CalMHSA acts on behalf of the JPA member counties to develop mental and/or behavioral health services and education programs, obtain funding, contract for services, collect data, make reports, and act as a repository of information and expertise for such programs. The PEI Phase II Sustainability Funding plan includes an expansion of the services and support to the JPA member counties. The expansion includes additional focus on the following topics: diverse communities (which includes analysis of the public sector), schools, health care and workplace, prevention and reduction of early childhood trauma and postpartum depression, and increasing public awareness of the link between substance use disorders and related mental illness. BCDBH would like to participate in these PEI projects and would benefit from the additional resources provided through CalMHSA. Approval is requested to enter into an MOU with CalMHSA to provide administration of the Phase II PEI projects. The term of the MOU will begin upon date of execution and will terminate June 30, The maximum amount payable under this MOU will be determined based on the department's budget and funding limitations, and will not exceed the following: FY $15,000; FY $25,000; FY amount is to be determined once the State allocation is known. Fiscal Impact: Funding for this agreement is provided by MHSA revenue. There is no impact to County General Fund. Personnel Impact: Does not apply. Action Requested: 1. Approve MOU and authorize the Chair to sign subject to review by County Counsel and Auditor-Controller. 2. Adopt Resolution and authorize the Chair to sign. Administrative Office Review: Sang Kim, Deputy Chief Administrative Officer

2 Memorandum of Understanding Between CalMHSA and Butte County For Statewide Prevention and Early Intervention (PEI) Phase II Sustainability Funding WHEREAS, California Mental Health Services Authority (CalMHSA) is a Joint Powers Authority formed to be a single agency acting for its member counties to develop mental and/or behavioral health services and education programs, obtain funding, contract for services, collect data, make reports, and act as a repository of information and expertise for such programs; and WHEREAS, various provisions of the California Welfare and Institutions Code allows California counties to jointly conduct or administer mental and/or behavioral health programs, and WHEREAS, Division 5 of the Welfare and Institutions Code authorizes counties to jointly implement various mental health services governed by that division (including but not limited to 5600 et seq., 5800 et seq., 5840 et seq., and 5850 et seq.); and WHEREAS, Chapter 6.3 of Division 3 of Title 3 of the Government Code authorizes joint county contracts with the state for administration of programs, services, or activities including the Drug Medi-Cal Treatment Program (GC ); and WHEREAS, CalMHSA welcomes participation by non-member Counties in Programs administered by CalMHSA; and WHEREAS, Butte County ( County ) through it's Behavioral Health Department, desires to participate in the Statewide Prevention and Early Intervention (PEI) Phase II Sustainability Funding; NOW THEREFORE, the parties agree as follows: I. Program Description The following funding enhancement (Statewide Prevention and Early Intervention (PEI) Phase II Sustainability funding plan), was adopted on December 11, 2014, by the CalMHSA Board, of which Butte County is a voting member. This enhancement is in addition to the most recent CalMHSA Joint Powers Agreement Amendment, executed by Butte County on May 17, The Statewide Prevention and Early Intervention (PEI) Phase II Sustainability Funding plan builds upon the initial statewide PEI Investment by bringing the three current initiatives (Suicide Prevention, Stigma and Discrimination Reduction and Student Mental Health) together under one common umbrella Each Mind Matters. Each Mind Matters provides a branded comprehensive campaign and recognized messaging across the state to support a movement in California to promote mental health and wellness and reduce the likelihood of mental illness, substance use and suicide among all Californians. Butte County Phase II Sustainability Funding MOU Page 1 of 4

3 The Statewide Prevention and Early Intervention (PEI) Phase II Sustainability Funding plan, is much broader in scope than the current three initiatives. Phase II plan covers several new sectors through the delineation of four Wellness Areas Diverse Communities, Schools, Health Care and Workplace with the Public Safety sector included under Diverse Communities. The plan also expands the scope of statewide PEI efforts to include primary prevention activities with attention to reducing the impact of early childhood (i.e. children ages 0-5) trauma and targeting mothers with post-partum depression. Finally, the plan integrates prevention activities for increasing public awareness of substance use and mental health issues, and fostering emotional health and resilience against not just mental illness but substance use disorders as well. II. III. Duration and Term A. The term of the MOU is from date of execution to June 30, 2017, including delivery of any resulting report or recommendations. B. Any Party may terminate this MOU immediately with cause or after thirty days written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall be defined as any breach of this MOU, any misrepresentation, or fraud on the part of any Party. Withdrawal, Cancellation and Termination A. The withdrawal of a County from the Program shall not automatically terminate its responsibility for its share of the expenses and liabilities arising during the period of their participation; however, County may immediately terminate this agreement and any further involvement in the Sustainability Plan if Federal, State and/or County funding is limited and restricts further funding of the Plan. 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 B. Upon cancellation, termination or other conclusion of a Program, any funds remaining undisbursed after CalMHSA satisfies all obligations arising from the operation of the Program shall be distributed and apportioned among the participants in the Program in proportion to their contributions. IV. Fiscal Provisions A. Funding required from Butte County shall not exceed the amount of $40,000 (FORTY THOUSAND DOLLARS). The allocation per fiscal year is as follows: FY 14/15 not to exceed $15,000; FY 15/16 not to exceed $25,000; FY 16/17 to be determined. Once the allocation for FY 16/17 is determined, an amendment to this agreement shall be prepared. B. Funds contributed by all participants shall be allocated to planning, development, administration and evaluation in the same proportions. V. General Provisions A. This MOU contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. Butte County Phase II Sustainability Funding MOU Page 2 of 4

4 B. County will provide CalMHSA with a copy of a resolution of its governing body authorizing execution of this MOU. C. In the event of a dispute between the parties, County and CalMHSA will first attempt informal resolution by having CalMHSA s Executive Director (or designee) meet and confer with the representative appointed by County. During the meet and confer process, if the parties cannot resolve the dispute they will attempt to agree on a further informal dispute resolution process. If they cannot agree upon an informal dispute resolution process, then the parties can pursue the remedies otherwise available at law. VI. VII. Indemnification CalMHSA agrees to indemnify and hold harmless County and County s commissioners, directors, officers, employees, agents and volunteers for any and all claims, actions, losses, damages and/or liability caused by negligent or intentional acts committed by or on behalf of CalMHSA in the course of the fiscal and administrative management of the Phase II Sustainability Funding. County agrees to indemnify and hold harmless CalMHSA, other participants, and their commissioners, directors, officers, employees, agents and volunteers for any and all claims, actions, losses, damages and/or liability caused by negligent or intentional acts committed by or on behalf of County in the course of the Program. Conclusion A. This MOU is the full and complete agreement between the parties. B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective entities to the terms and conditions set forth in this document. CalMHSA Name: Wayne Clark Title: Executive Director Address: 3043 Gold Canal Drive, Suite 200 Rancho Cordova, CA Butte County Authorized Signor Title: Behavioral/Mental Health Director Address: 109 Parmac Road, Suite 2A Chico, CA Butte County Phase II Sustainability Funding MOU Page 3 of 4

5 Doug Teeter, Chair Butte County Board of Supervisors Paul Hahn, Chief Administrative Officer Butte County Board of Supervisors REVIEWED FOR FISCAL CONTROL, SUBJECT TO BUDGETARY APPROPRIATION Contracts Division, GSD Authorized Signor REVIEWED AS TO FORM: Bruce S. Alpert, Butte County Counsel Butte County Phase II Sustainability Funding MOU Page 4 of 4

6 Resolution No. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANING BETWEEN CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY AND BUTTE COUNTY WHEREAS, Butte County, through its Department of Behavioral Health (BCDBH) is a member of the Joint Powers Authority through California Mental Health Services Authority (CalMHSA); and WHEREAS, BCDBH desires to participate in the Statewide Prevention and Early Intervention (PEI) Phase II Sustainability Funding; and WHEREAS, CalMHSA requires a resolution approving the CalMHSA Memorandum of Understanding (MOU); NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors approves the CalMHSA PEI Phase II Sustainability Funding MOU. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 5 th day of May 2015, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Doug Teeter, Chair Board of Supervisors ATTEST: Paul Hahn, Chief Administrative Officer And Clerk of the Board of Supervisors By Deputy