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H11. 2024 amendment Opioid settlement crisis team agreementCITY OF City of Kalispell ALISPELL Post Office Box 1997 -Kalispell, Montana 59903-1997 Telephone (406) 758-7700 Fax - (406) 758-7758 MEMORANDUM To: Honorable Mayor Johnson and City Council From: Doug Russell, City Manager Re: Crisis Assistance Team Funding Agreement, funding from Opioid Settlements Meeting Date: August 19, 2024 BACKGROUND: In December of 2021, the City Council reviewed and authorized participation in the national Opioid Settlement Agreements. As was discussed at the time, funding received from the settlements needed to be appropriated to areas that had a nexus with addressing concerns emerging from Opioid use. For the direct allocations, the City of Kalispell and Flathead County entered into an agreement to use these funds to continue the Crisis Team program that provides a co -responder housed within law enforcement offices. At the time of the initial agreement, the funding from the settlements were identified in Section Five as specifically relating to the "Distributor and Janssen Settlements". There have been five additional settlements, with more potentially being added. As such, we are recommending amending the funding agreement to include additional settlement funds. We have currently received approximately $131,000 in payments from these seven settlements. Each settlement is different and is dependent upon participation, etc., for its respective terms. The Distributor settlement runs through July of 2038, and the Janssen settlement runs through June of 2031. We are waiting for information related to the other settlements for future payments. The funding agreement and amendment provides that we will distribute the funds we receive to Flathead County for the Crisis Assistance Team. FISCAL IMPACTS: Funding obligation for the Crisis Assistance Team comes from the National Opioid Settlements, equal to the respective amounts of the annual distribution which fluctuates on an annual basis. RECOMMENDATION: It is recommended that the City Council move to authorize the City Manager to sign the amendment to the Crisis Assistance Team Agreement. ATTACHMENTS: Amendment to the Crisis Assistance Team Funding Agreement Crisis Assistance Team Funding Agreement Settlement allocations CRISIS ASSISTANCE TEAM FUNDING AGREEMENT AMENDMENT This Crisis Assistance Team Funding Agreement Amendment ("Amendment") is effective , 2024. BETWEEN: Flathead County, Montana, (the "County") with offices at 800 S. Main Street, Kalispell, MT 59901. AND: City of Kalispell, Montana, a Montana municipal corporation (the "City") with offices at 201 1st Ave. E., Kalispell, MT 59901. WHEREAS, the Parties entered into the Crisis Assistance Team Funding Agreement on November 21st, 2023 (the "Agreement"). WHEREAS, the Parties desire to amend the Agreement on the terms and conditions set forth in this Amendment. WHEREAS, this Amendment is the first amendment to the Agreement. NOW, THEREFORE, the Parties agree to amend their obligations in the existing Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to keep, perform, and fulfill the promises, conditions, and agreements below: Section 1. Amendments. Paragraph 1 of Section 5 of the Agreement shall be amended as follows (amended language underlined): City of Kalispell shall pay Flathead County an amount equal to the amount the City of Kalispell receives from Distributor and Janssen Settlements and any other opioid settlement distributions that may be received by the City of Kalispell as included in the final budget appropriation each year. These payments shall be made by the City to the County annually on September 30th for the duration of the Agreement unless the Agreement is terminated by either Party as provided herein. In the event that the Agreement is terminated, the County shall reimburse the City for a pro rata portion of the payment. The projected amounts are outlined in Exhibit C attached hereto. Flathead County agrees to act as the pass through between the City of Kalispell and FCCHD to deliver in a timely fashion, designated funding that flows to the Flathead County from the City of Kalispell directly to FCCHD, so that FCCHD can deliver the services as described in the Grant Contract. Section 2. No Other Changes. Except as otherwise expressly provided in this Amendment, all of the terms and conditions of the Agreement remain unchanged and in full force and effect. All terms within this Amendment shall have the meanings given in the Agreement unless a different meaning clearly appears from the context. Page 1 of 3 CITY OF KALISPELL, MONTANA an STATE OF MONTANA ) ) ss. County of Flathead ) Doug Russell, City Manager On this day of , 2024, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, proved to me to be the person whose name is subscribed to the written instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. SEAL NOTARY PUBLIC for the State of Montana Printed Name: Residing at: My Commission expires: Page 2 of 3 STATE OF MONTANA ) ) ss. County of Flathead ) On this day of BOARD OF COUNTY COMMISSIONERS FLATHEAD COUNTY, MONTANA Randy Brodehl, Chairman 2024, before me, a Notary Public for the State of Montana, personally appeared Randy Brodehl, proved to me to be the person whose name is subscribed to the written instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. SEAL NOTARY PUBLIC for the State of Montana Printed Name: Residing at: My Commission expires: Page 3 of 3 Crisis Assistance Team Funding Agreement This Agreement ("Agreement") is entered into this fl %day of 2023, by and between the Flathead County Board of Commissioners ("County") and the City of Kalispell ("City"). WHEREAS, the purpose of this Agreement is to support collaboration between the City of Kalispell and County to achieve the goals of the Crisis Diversion Grant, - WHEREAS, the Montana State Department of Public Health and Human Services Behavioral Health and Developmental Disabilities Divisions (previously known as "Addictive & Mental Disorder Division") and County entered into the Crisis Diversion Grant Contract ("Grant Contract"); WHEREAS, the Grant Contract is designed to provide effective response to acute mental health crises, to prevent unnecessary restrictive placements such as incarceration or Montana State Hospital placement, and divert individuals experiencing behavioral health crises from involvement with law enforcement or the emergency department to more appropriate crisis services; WHEREAS, the Flathead City -County Health Department ("FCCHD") is entered into agreement with County to set forth guidelines under which the County transfers to FCCHD all duties, rights and responsibilities contained in the Grant Contract. it is the intent of the Parties that the County shall, as Contractor under the Grant Contract, subcontract with FCCHD and that FCCHD shall perform all work and services as subcontractor under the Grant Contract; WHEREAS, the City of Kalispell has received or is in the process of receiving funds through National Opioid Settlement Agreements and as a result will make financial contributions as provided herein, - WHEREAS, the Parties are committed to partnering with each other to support a continuum of crisis services and improve the coordination of behavioral health crisis services in Flathead County. NOW THEREFORE, the Parties agree as follows: The above recitals as well as the Grant Contract are incorporated by reference herein. 1. Cooperative Agreement: Parties agree to cooperate with each other in pursuit of the terms contained in this Agreement. This Agreement and any cooperation among the Parties in furtherance of the Agreement does not create a partnership or joint venture between the Parties. 2. Crisis Assistance Team: Parties acknowledge that the monies to be provided to and expended by FCCHD, as subcontractor under the Grant Contract, are to provide the following: a. Mobile Crisis Co -Responder also known as Crisis Assistance Team ("C.A.T.") that will operate in Flathead County, serve the cities of Kalispell, Whitefish, and Columbia Falls and serve the entirety of Flathead County. C.A.T. will be a collaboration between County, Flathead County Sheriff's office, Flathead Emergency Communication Center, and Kalispell Police Department. b. Criteria for response: C.A.T. will serve all ages that contact 911 for mental health or behavioral health assistance. c. C.A.T. will respond to a variety of crisis calls that include domestic violence, suicide, child abuse or neglect, and any other social disruption. d. C.A.T. will provide services directly in homes, businesses, and health care offices without the presence of law enforcement once the situation has been cleared. e. Personnel for the C.A.T. shall include: 2.0 FTE Crisis Co -Responder Community Based Therapists who are either a LCSW or LCPC and who shalt perform the following services and responsibilities: - Respond to crisis behavioral health and mental health emergencies within the community; - Co -respond on scene with law enforcement to 911 calls involving crisis, mental health, and behavioral health; Consult with law enforcement via face-to-face, phone, video, or radio to identify, triage, and manage individuals in crisis; Provide trauma briefing to law enforcement and detention center officers; Transport clients to appointments or crisis facilities via a partitioned vehicle; and Refer to the Care Coordinator for referral of follow up care and treatment. - Additional responsibilities are outlined in the Co -Responder Licensed Clinical Social Worker job description attached hereto as Exhibit A and incorporated fully herein. ii. 1.0 FTE Care Coordinator who may be stationed at a crisis stabilization facility and shall perform the following services and responsibilities: - Coordination and communication between co -responder team and agency partners; functions as point of contact for informational resources for C.A.T.,- - Completes follow up calls for all served by C.A.T.; - Care coordination including providing and following up on referrals for individuals identified in crisis as well as engaging family and natural supports; and - Assists in data gathering and outcome reporting. - Additional responsibilities are outlined in the Care Coordinatorjob description attached hereto as Exhibit B and incorporated fully herein. 3. Employment: Any personnel positions designated as FTE (full time employee) set forth above as being part of the C.A.T. shall be County employees, subject to County insurance coverage, worker's compensation coverage, etc. County will be responsible for verifying and/or providing FTEs with the appropriate or requisite training for the respective positions. The City shall not provide any insurance coverage or training for C.A.T. or its employees, volunteers, agents, contractors, or consultants. 4. C.A.T. Operations: C.A.T. is organized and operated by Flathead County and FCCHD and as such, any organizational or operational requirements not specifically mentioned in the Agreement remain within the discretion of Flathead County and FCCHD respectively. 5. City of Kalispell Funding: City of Kalispell shall pay Flathead County an amount equal to the amount the City of Kalispell receives from the "Distributor and Janssen Settlements," which were part of the National Opioid Settlement Agreements. These payments shall be made by the City to the County annually on September 301h for the duration of the Agreement unless the Agreement is terminated by either Party as provided herein. In the event that the Agreement is terminated, the County shall reimburse the City for a pro rata portion of the payment. The projected amounts are outlined in Exhibit C attached hereto. Flathead County agrees to act as the pass through between the City of Kalispell and FCCHD to deliver in a timely fashion, designated funding that flows to the Flathead County from the City of Kalispell directly to FCCHD, so that FCCHD can deliver the services as described in the Grant Contract. The Parties acknowledge that funds received from the Grant Contract are temporary funds to be used as start-up funds in the development of the behavioral health crisis services continuum. The Parties acknowledge that funding to further develop and continue to provide the behavioral health crisis services in Flathead County will be dependent on contributions from all mentioned Parties and additional community organizations within Flathead County. This acknowledgement does not constitute a binding agreement by any of the Parties to renew this Agreement or to provide future funding for any program or position described in this Agreement. 6. Funding Contingency: Parties acknowledge and agree this Agreement is contingent upon County receiving the proper funding through resources including but not limited to grants, Medicaid, and/or City of Kalispell National Opioid Settlements. The Parties may freely seek additional, supplemental, or other sources of funding. Should funding from any three sources mentioned herein, or otherwise, fail to provide adequate resources to continue the C.A.T. as described herein, the Agreement may be terminated upon written notice by any Party to the other Party. The Parties may mutually agree to tailor or "pair down" the program to meet any shortcomings in funding in order to prevent termination of the Agreement. Term of Agreement: This Agreement shall be effective for a five (5) year period, beginning on the date it is fully executed. On the fifth (S ") anniversary, this Agreement shall automatically renew for an additional five (5) year period. Should either Party desire to prevent automatic renewal and terminate the Agreement at the five (5) year mark, that Party shall provide written notice to the other Party six (6) months prior to the automatic renewal of the intent to disqualify the automatic renewal and terminate the Agreement. 8. Breach/Termination: Each term in this Agreement is material to the underlying agreement and failure of performance of any item contained herein shall be deemed a material breach of this Agreement. 9. Indemnification: Each Party shall indemnify or defend and hold harmless the other Party, including its officials, employees, and agents, from all claims whatsoever, whether absolute or contingent, arising from the other Party's breach of this Agreement or from any negligent or intentional act. This indemnification includes providing a defense and payment of all expenses including attorney's fees but shall not include claims arising solely from first Party's negligent or intentional conduct. 10. Entire Agreement/Writing: This Agreement constitutes the entire understanding between the Parties for the contemplated transaction, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Each Party understands that if a term or condition is important to them, and it is not contained in this Agreement, then the term or condition is not enforceable against the other Party. This Agreement may not be waived, amended or terminated except in a document signed by all Parties. 11. Enforceability: Both Parties believe this Agreement to be wholly legal and enforceable in every aspect; however, in the event any term is found to be illegal or otherwise unenforceable, such term shall be stricken and the remaining portions of the Agreement shall remain enforceable. 12. Venue: This Agreement shall be construed pursuant to Montana law. The proper forum for legal disputes shall be Flathead County, Montana, 13. Costs/Attorney Fees: In the event of a dispute arising from this Agreement, the substantially prevailing Party shall be entitled to its costs and reasonable attorney's fees, including fees to enforce this provision. Board of County Commissioners City Manager Flathead County, Montana City of Kalispell By: Brad Abell, Chairman I By: S' ature Signature Date Signed Date Signed 1. 2. 3. 4. 5. 6. 7. 8. Amounts Allocated and Paid to Kalispell City, MT Settlement Total Allocation Amount Distributor $47,510.49 Janssen $27,599.05 Teva $6,300.63 Allergan $6,676.53 CVS $6,670.74 Walgreens $7,228.93 Walmart $29,390.98 Totals $131,377.35 Total Payment Amount $47,510.49 $27,599.05 $6,300.63 $6,676.53 $6,670.74 $7,228.93 $29,390.98 $131,377.35 04 A 1 of 2 ? P DO 1� Find I Next NOS 1017 Projected Allocations Row Payment Type Projected Allocation Amount 1. Distributor Projected Payment 5 (July, 2025) $12,508.47 2. Distributor Projected Payment 6 (July, 2026) $12,508.47 3. Distributor Projected Payment 7 (July, 2027) $10,271.30 4. Distributor Projected Payment 8 (July, 2028) $14,711.47 5. Distributor Projected Payment 9 (July, 2029) $14,711.47 6. Distributor Projected Payment 10 (July, 2030) $14,711.47 7. Distributor Projected Payment 11 (July, 2031) $12,366.47 8. Distributor Projected Payment 12 (July, 2032) $12,366.47 9. Distributor Projected Payment 13 (July, 2033) $12,366.47 10. Distributor Projected Payment 14 (July, 2034) $12,366.47 11. Distributor Projected Payment 15 (July, 2035) $12,366.47 12. Distributor Projected Payment 16 (July, 2036) $12,366.47 13. Distributor Projected Payment 17 (July, 2037) $12,366.47 14. Distributor Projected Payment 18 (July, 2038) $12,366.47 11 d 2 of 2 D M $ Find I Next 4- 1, Nos 101® Projected Allocations Row Payment Type Projected Allocation Amount 1. Janssen Projected Payment 5 (June, 2025) $10,871.83 2. Janssen Projected Payment 6 (June, 2026) $1,940.35 3. Janssen Projected Payment 7 (June, 2027) $1,940.35 4. Janssen Projected Payment 8 (June, 2028) $1,940.35 5. Janssen Projected Payment 9 (June, 2029) $2,470.41 6. Janssen Projected Payment 10 (June, 2030) $2,470.41 7. Janssen Projected Payment 11 (June, 2031) $2,470.41