DATE: July 9, 2024
TO: Board of Supervisors
SUBMITTED BY: Susan L. Holt, Director, Department of Behavioral Health
SUBJECT: Amendment I to Agreement No. 22-205 with Exodus Recovery, Inc.
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute Amendment 1 to Agreement 22-205 with Exodus Recovery, Inc. to revise specific clauses within the agreement, with no change to the term of July 1, 2022 through June 30, 2027 or maximum compensation of $6,531,704; and
2. Approve and authorize the Department of Behavioral Health Director, or designee, to make non-material changes to services, staffing, and responsibilities of Exodus Recovery, Inc. through an amendment to the agreement, subject to approval by County Counsel as to legal form and by the Auditor-Controller/Treasurer-Tax Collector as to accounting form, and to be the signatory on behalf of the Board of Supervisors on associated 24/7 toll-free access line Program related reports and forms, without modifying the maximum compensation.
REPORT
Approval of the first recommended action will allow the Department to revise agreement language and continue contracting with Exodus Recovery inc., (Exodus) to provide a 24/7 toll-free access line for substance use disorder and mental health services. The access line is a requirement of the Drug Medi-Cal Organized Delivery System (DMC-ODS) as well as the California Department of Health Care Services (DHCS). Approval of the second recommended action will allow the Department of Behavioral Health Director, or designee, to sign related reports and forms, without modifying the maximum compensation, and act as a representative of the County. There is no impact to Net County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the first recommended action, Exodus would not be able to make any changes to their budgets throughout the year for minor budget fluctuations in order to fully utilize the budget as necessary for provision of the mandatory access line services. If the second recommended action is not approved, the Department will return to the Board for all necessary actions regarding amendments, reports, and forms. This may cause a delay in accessing services.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. There is no increase in maximum compensation of $6,531,704, which is funded with Behavioral Health Realignment Funds. Sufficient appropriations and estimated revenues are included in the Department’s Org 5630 FY 2024-25 Recommended Budget. Actual costs will be determined by actual services provided.
DISCUSSION:
DHCS requires a 24/7 toll-free access line for substance use disorders and mental health services for persons seeking treatment and prevention services, pursuant to the Intergovernmental Agreement with DHCS for substance use disorders and Code of Federal Regulation 42 Part 438 for mental health. The 24/7 access line serves as an access point for people seeking treatment services or information form the Department. On May 17, 2022, your Board approved Exodus to be the subcontractor to provide said access line services.
Approval of the recommended action will amend the Exodus Access Line agreement to revise the modification and insurance clauses, and make minor revisions to Exhibits A, B, G, and I. Revising the modification clause will allow the Director to approve minor budget modifications up to ten percent (10%) of the maximum compensation without altering the total maximum compensation outlined in the agreement, which will allow Exodus to continue providing the mandatory services while being able to utilize the entire budget allotted to provision of the access line services. Additionally, to ensure the Department and Exodus can accommodate rapidly changes in the laws relating to service requirements and specialty mental health treatments, approval authorizes the Director to make non-material changes to services, staffing, and responsibilities of the Contractor, as needed, through an amendment approved by County Counsel and the Auditor-Controller/Treasurer-Tax Collector’s Office.
OTHER REVIEWING AGENCIES:
The Behavioral Health Board was made aware of the recommended amendment at its May 15, 2024 meeting.
REFERENCE MATERIAL:
BAI #38, May 17, 2022
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment 1 to Agreement with Exodus
CAO ANALYST:
Ronald Alexander