REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 18, 2025
FROM
GEORGINA YOSHIOKA, Director, Department of Behavioral Health
SUBJECT
Title
Participation Agreement with California Mental Health Services Authority Joint Powers Authority for the Provision of Statewide Prevention and Early Intervention
End
RECOMMENDATION(S)
Recommendation
1. Approve the Participation Agreement (California Mental Health Services Authority Agreement No. 12632-SBR-SWPEI-24_25) with California Mental Health Services Authority, including non-standard terms, for the continuation of the Statewide Prevention and Early Intervention program in an amount not to exceed $2,340,308, to be effective upon execution through June 30, 2026.
2. Authorize the Director of the Department of Behavioral Health to sign and submit any subsequent non-substantive amendments, as required by the California Mental Health Services Authority, on behalf of the County, subject to review by County Counsel.
3. Direct the Director of the Department of Behavioral Health to transmit any subsequent non-substantive amendments, to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Georgina Yoshioka, Director, 252-5142)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The Agreement in an amount not to exceed $2,340,308 is funded by Mental Health Services Act (MHSA) funds. Adequate appropriation and revenue have been included in the Department of Behavioral Health’s (DBH) 2024-25 budget and will be included in the 2025-26 recommended budget.
BACKGROUND INFORMATION
California Mental Health Services Authority (CalMHSA) is a Joint Powers Authority (JPA) comprised of California Mental Health Plans that provide administrative and fiscal services in order for member counties to maximize resources related to coordination for implementation of statewide or multi-county projects, such as the statewide Suicide Prevention and Stigma and Discrimination Reduction campaigns.
DBH has been a member of the CalMHSA JPA since July 2009. On November 18, 2008 (Item No. 90), the Board of Supervisors (Board) approved Agreement No. 08-1173 with CalMHSA to create and participate in the California Counties’ Mental Health Services Authority in order to jointly develop and fund mental health services and education programs as determined on a regional, statewide or other basis.
On August 24, 2010 (Item No. 20), the Board approved Amendment No. 1 to Agreement No. 08-1173, updating membership voting and funding language. On May 7, 2013 (Item No. 25), the Board approved Amendment No. 2 to Agreement No. 08-1173 to broaden the breadth of programs to include all mental and/or behavioral health programs, as requested by the CalMHSA member counties and the California Mental Health Directors Association.
In 2014, the CalMHSA Board of Directors adopted a two-phase planning strategy for continuing the investment in statewide Prevention and Early Intervention (PEI) efforts. In April 2014, the CalMHSA Board approved a Phase I Funding Plan to sustain the existing Statewide PEI projects through June 30, 2015. Phase I was recognized as a short-term sustainability solution for the purpose of providing program partners with additional time to successfully complete their activities and deliverables, and to reduce the risk of any adverse consequences of discontinuing activities (e.g., the ability to measure long-term impact).
In August 2014, the CalMHSA Board approved a Phase II Funding Plan for the purpose of continuing work related to PEI projects through June 30, 2017. Funding for Phase I and Phase II is derived from current county members committing a range of 1% to 7% funding from their local PEI funds, in addition to CalMHSA seeking other funding to include state and federal resources.
In December 2016, the CalMHSA Board approved a Phase III Funding Plan for the purpose of continuing work related to PEI projects through June 30, 2020. Funding for Phase III is derived from current county members committing up to 4% of their annual PEI funds/budget to CalMHSA on an annual basis for three years.
On June 13, 2023 (Item No. 25), the San Bernardino County Board of Supervisors approved the MHSA Three-Year Integrated Plan that includes the provision of the funding for the ongoing agreement with CalMHSA. The locally approved plan was sent and received by the Mental Health Services Oversight and Accountability Commission in June 2023. The approved MHSA Three Year Integrated Plan commits up to 4% of the annual PEI funds/budget to CalMHSA on an annual basis for three years.
The Agreement with CalMHSA includes terms that differ from the standard County contract. These non-standard terms include the following:
1. The County may terminate the Agreement for convenience by providing six months written notice of termination to CalMHSA.
• County Policy 11-05 requires that the County have the right to terminate the contract, for any reason, with a 30-day written notice of termination without any obligation other than to pay amounts for services rendered and expenses reasonably incurred prior to the effective day of termination.
• Potential Impact: The County can only terminate the Agreement by providing notice six months prior to termination of the Agreement.
2. The County is required to indemnify CalMHSA against any claim, demand, disallowance, suit or damages arising from the County’s acts or omissions in connection with the provision of mental health services.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify CalMHSA, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time-limited, or expense-limited could be brought against CalMHSA without such limitations and the County could be responsible to defend and reimburse CalMHSA for costs, expenses and damages, which could exceed the total Agreement amount.
3. There is no stated venue in the Agreement.
• County Policy 11-05 requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Having no express venue in the Agreement means that venue in any other County within California could be applied to disputes arising under this Agreement, which may result in additional expenses that exceed the amount of the Agreement.
Approval of this item will allow DBH to continue to participate in the Statewide PEI program. This program promotes emotional health and reduces the likelihood of mental illness, substance use, and suicide by implementing social marketing and education campaigns, increasing outreach and dissemination of programs and resources and implementing youth engagement programs to increase awareness and knowledge about critical health topics like suicide prevention, mental health, and well-being.
DBH will transmit the related Agreement documents and any subsequent non-substantive amendments to the Clerk of the Board within 30 days of execution.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health Contracts (Lisa Rivas-Ordaz, Contracts Supervisor, 383-3940) on May 28, 2025; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on June 2, 2025; Finance (Paul Garcia, Administrative Analyst, 386-8392) on June 4, 2025; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0332) on June 4, 2025.