Title
a. Approve and authorize the Director of Health Services or designee to execute a Memorandum of Understanding (“MOU”) with Monterey County Special Education Local Plan Area for reimbursement to the County of Monterey for the provision of mental services pursuant to a student’s Individualized Education Plan, for a term of July 1, 2025 through June 30, 2026 for a total amount not to exceed $4,443,887; and
b. Approve and authorize the Director of Health Services or designee to execute an Interagency Agreement, Exhibit A to the MOU, with Monterey County Special Education Local Plan Area for a term of July 1, 2025 through June 30, 2026; and
c. Approve non-standard indemnification, limitation of liability, and insurance provisions to the MOU as recommended by the Director of Health Services; and
d. Approve and authorize the Director of Health Services or designee to execute up to three (3) future amendments where the combined amendments do not exceed 10% ($444,389) of the original MOU amount and do not significantly change the scope of services, for a total not to exceed maximum of $4,888,276.
Report
RECOMMENDATION:
It is recommended that the County of Monterey Board of Supervisors:
a. Approve and authorize the Director of Health Services or designee to execute a Memorandum of Understanding (“MOU”) with Monterey County Special Education Local Plan Area for reimbursement to the County of Monterey for the provision of mental services pursuant to a student’s Individualized Education Plan, for a term of July 1, 2025 through June 30, 2026 for a total amount not to exceed $4,443,887; and
b. Approve and authorize the Director of Health Services or designee to execute an Interagency Agreement, Exhibit A to the MOU, with Monterey County Special Education Local Plan Area for a term of July 1, 2025 through June 30, 2026; and
c. Approve non-standard indemnification, limitation of liability, and insurance provisions to the MOU as recommended by the Director of Health Services; and
d. Approve and authorize the Director of Health Services or designee to execute up to three (3) future amendments where the combined amendments do not exceed 10% ($444,389) of the original MOU amount and do not significantly change the scope of services, for a total not to exceed maximum of $4,888,276.
SUMMARY/DISCUSSION:
The Special Education Local Plan Area (SELPA) acknowledges that its member Local Education Agencies are mandated to provide students a free and appropriate public education (FAPE) including mental health services. For several years, SELPA entered into an MOU with the County to deploy Psychiatric Social Workers (“Therapist”) to School Districts to provide an array of services, including individual and group counseling provided to a student; individual or group counseling provided to parents of special education students; consultation services offered to parents, students, teachers and other school personnel; and planning and implementing a program of psychological counseling for special education students and parents. In addition, the County provides services to SELPA that include Home Alternatives to Residential Treatment, Residential Monitoring, and Residential Searching and Securing. SELPA agrees to pay the non-Federal Financial Participation (FFP) portion of the mental health service since County is reimbursed FFP directly by Department of Health Care Services; and reimburse the full cost of the provision of HART, Residential Monitoring, and Residential Searching and Securing. The current MOU A-16948 between SELPA and the County will expire on June 30, 2025, and we are seeking to renew the MOU.
The MOU template provides for mutual indemnification and limitation of liability. The MOU template provides that both County and Districts must meet coverage limits for professional liability and commercial general liability (“CGL”), and additional insured endorsements for commercial general liability, which coverage limits are at or above the requirements for the County’s own service providers. The template further provides for the inclusion of professional liability and CGL coverage related to sexual misconduct.
This work supports one of the County of Monterey County Health Department 2025-2028 Strategic Plan Goal(s): 2. Provide Exceptional Person-Centered Care through Accessible, Community-Focused Health Services. It also supports one of the ten essential public health services, specifically: 7. Link people to needed personal health services and assure the provision of health care when otherwise unavailable.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel and Auditor-Controller have reviewed and approved this Agreement as to legal form and fiscal provisions, respectively. Risk Management has not approved this Agreement due to non-standard insurance provisions.
FINANCING:
The costs of this agreement are funded by Special Education Local Plan Area reimbursement (SELPA 100%). The associated revenue and expenditures are included in the Health Department’s Behavioral Health (HEA 012, Unit 8410) FY 2025-26 Requested Budget.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Check the related Board of Supervisors Strategic Initiatives:
☒ Economic Development:
• Through collaboration, strengthen economic development to ensure a diversified and healthy economy.
☐ Administration:
• Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.
☒ Health & Human Services:
• Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.
☐ Infrastructure:
• Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.
☐ Public Safety:
• Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.
Prepared by: Jenny Pelagio, Management Analyst II, 837-7520
Approved by: Elsa Mendoza Jimenez, Director of Health Services, 755-4526
Attachments:
Board Report
Memorandum of Understanding