ATTACHMENT 3
SCHOOL BASED COUNSELING REIMBURSEMENT
AGREEMENT BETWEEN CITY OF BURBANK
AND FAMILY SERVICE AGENCY OF BURBANK
This Reimbursement Agreement is made as of this. _ day of 2023 ("Effective Date"), between the City of Burbank ("City") and the Family Service gency or Burbank ("FSA") regarding payment for counseling services pursuant to th greement for School Based Counseling and any amendments, extensions, ol renewals thereof ("Counseling Agreement" between FSA and Burbank Unified School District ("BUSD"), as more particularly described in Exhibit "A," attached hereto.
RECITALS
FSA provides school-based counseling to BUSD students pursuant to the Counseling Agreement between FSA and BUSD.
The school-based counseling program provides individual and group counseling sessions to elementary, middle, and high school students.
C. Since September 9, 2014, the City Council has approved reimbursement agreements with FSA to contribute towards funding FSA's school-based counseling program.
D. In 2020, the City Council approved a three-year reimbursement agreement with FSA to contribute towards funding FSA's school-based counseling program. The current agreement will expire June 30, 2023.
E. On May 23, 2023, City Council approved the use of City funds up to $245,000 annually for a period of three years, to continue contributing towards FSA's school-based counseling program.
City now desires to enter into this Reimbursement Agreement with FSA as to the payment of the City funds for the school-based counseling program.
AGREEMENT:
Purpose
The purpose of this Reimbursement Agreement is to assist FSA in funding a school-based counseling program for elementary, middle, and high school students within the City ("Program").
2. Responsibilities and Costs
A. FSA will provide individual and group counseling to students on BUSD campuses, as provided for in the Counseling Agreement. Any amendments, extensions, or renewals of the Counseling Agreement shall be completed in writing and
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signed by both FSA and BUSD, and shall be attached to and incorporated into this Reimbursement Agreement. At a minimum, FSA agrees provide the following services as part of the Program:
(1) FSA shall provide individual and group counseling, as may be required, to students on all BUSD campuses.
(2) Individual sessions shall focus on specific student needs, as determined by FSA, which may include, but are not limited to, depression, self-esteem, isolation and alienation, substance abuse, taing violence, family communication and relationships, , and angel (3) FSA shall provide intervention services for at-risk students who have been determined appropriate for interventions by BUSD and FSA staff, subject to any required parental consent.
(4) All Program services shall be provided on BUSD campuses, with the exception of special clinical circumstances as determined by FSA.
(5) The Program services shall generally be provided in the BUSD school year calendar.
B. The City shall reimburse FSA up to $245,000 annually for the services provided by FSA in conducting the Program, pursuant to the Counseling Agreement. Notwithstanding the foregoing, the City reserves the right to administratively reduce the maximum payment of $245,000. If the maximum payment is reduced, the City shall notify FSA of the reduced amount in writing.
C. FSA shall submit monthly invoices directly to the City's Director of Parks and Recreation ("Parks Director"), or designee. The Parks Director, in conjunction with the City's Director of Financial Services, or designee, shall determine whether such invoices are consistent with the scope of the Program, and upon approval, such invoices shall be payable 30 days after approval.
3. Independent Contractor
While engaged in carrying out and complying with the terms and conditions of this Reimbursement Agreement, FSA is an independent contractor and not an officer, employee, or agent of City.
4. Indemnification
FSA shall, at its own expense and cost, defend, hold harmless and indemnify City and its officers, agents, and employees from all liabilities and claims for damages for death, sickness or injury to persons or property including without limitation all consequential damages, from any cause whatsoever arising from or connected with its services pursuant to the Counseling Agreement and this Reimbursement Agreement.
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5. Insurance
During the entire term of this Reimbursement Agreement and any extension or modification thereof, FSA shall keep in effect a policy or polices of comprehensive general liability insurance, in the amount of $2,000,000 combined single limit. Prior to the Effective Date of this Reimbursement Agreement, FSA shall provide City with satisfactory evidence of insurance, including a provision for thirty (30) calendar day's prior written notice to City before cancellation or material change, evidencing the above specified coverage. The comprehensive general liability policy will name the City of Burbank, its officers, employees, agents, and representatives, as Additional Insureds, in a form satisfactory to the City. FSA shall at its own cost and expense, procure and maintain insurance under Worker's Compensation Law, if applicable.
6. Inspection and Audit
A. FSA shall provide reasonable access to any relevant books, documents, papers, reports, records, or other matter relating to this Reimbursement Agreement upon reasonable request by City. FSA will adhere to all state and federal confidentiality laws regulating the provision of mental health services.
B. FSA agrees to accept responsibility for receiving, replying to, and/or complying with any related audit exceptions by appropriate state or federal audit agencies occurring as a result of FSA's performance pursuant to the Counseling Agreement and/or this Reimbursement Agreement. FSA also agrees to pay City within thirty (30) days of demand by City, the full amount of City's liability to the state, or to the federal government, if any, resulting from any audit exceptions, to the extent such are attributable to the FSA's failure to perform properly any of its obligations under the Counseling Agreement. The audit conducted by any appropriate state or federal audit agency shall conform to generally accepted accounting standards and principles.
C. FSA shall provide to City the following reports on an annual basis:
(1) Total approved budget for FSA;
(2) Prior year audited financial statements for FSA;
(3) Most recent IRS 990 form.
D. FSA shall provide to City the following reports on a quarterly basis:
1) Itemized financial statements for the Program, including breakdown of all Program costs, including but not limited to administrative costs, labor costs, and Program costs per child; (2) Statistics on the actual number of students served at elementary, middle, and high school levels;
(4) The average number of hour(s) spent counseling per student in individual and group counseling sessions;
(5) The total number of students referred and the manner in which the student was referred to the Program (ex. court,
police/probation, teacher/school counselor, etc.); and
(6) General issues/topics of counseling.
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E. To continue to evaluate the effectiveness of the Program, FSA will provide the City with an Annual Report at the culmination of each school year that will include a variety of assessment results. Assessments will be completed by the students receiving counseling services (when age appropriate), parents, and referring agents such as teachers, counselors and administrators. FSA shall collect and document the following items:
(1) Assessments of Problem Severity and Youth Functioning:
(a) Problem Severity - students, parents and referring agents will be asked to report their observations on the severity of the referring issue before counseling begins and again at the conclusion of school year/counseling services. This will assist with program evaluation; (b) Youth Functioning - students, parents and referring agents will be asked to provide their observations before counseling begins and again at the conclusion of counseling services (or the school year) regarding how the referring issue may be affecting their health or safety. This will assist with program evaluation;
(2) Assessments of Client Satisfaction - students, parents and referring agents will be asked to provide reports of overall satisfaction level with the Program.
Notices
All notices provided for by this Reimbursement Agreement shall be in writing and may be delivered by certified or registered mail, postage prepaid or by electronic mail to the addresses listed in this Section. Notices to City shall be addressed to the Director of Parks and Recreation at 150 North Third Street Burbank, CA 91510, [email protected] cc: [email protected]. Notices to FSA shall be addressed to: Laurie Bleick, Executive Director, 2721 N Burbank Blvd, Burbank, CA 91505, [email protected]. The effective date of notice shall be the date of the postmark.
The term of this Reimbursement Agreement is August 1, 2023 to June 30, 2026.
The City shall not be responsible for the cost of any services provided by FSA pursuant to the Counseling Agreement after the expiration of the term of this Reimbursement Agreement.
9. Termination Provisions
A. This Reimbursement Agreement may be terminated by either party upon thirty (30) days' written notice.
B. If FSA ceases to provide Program services, this Reimbursement Agreement shall automatically terminate and FSA shall not be entitled to any further reimbursement by City.
C. Upon termination of this Reimbursement Agreement, all outstanding debts for Program services performed prior to the termination date are to be paid in accordance with Section 2.
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D. Non-Appropriation of Funds. This Reimbursement Agreement is contingent upon the sufficient appropriation of funds by the City Council.
Notwithstanding any other provision in this Reimbursement Agreement, the City Manager or designee may administratively terminate or amend this Reimbursement Agreement immediately at no additional cost or penalty by providing FSA notice at any time upon the termination, suspension, discontinuation, substantial reduction in, or non- appropriation of City funding for youth services. In such event, FSA shall be compensated for all services rendered and all necessary incurred costs performed in accordance with the terms of this Reimbursement Agreement which have not been previously reimbursed up to the date of said termination.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by the proper officers thereunto duly authorized. "CITY"
CITY OF BURBANK, a municipal corporation
By:
Justin Hess, City Manager
Attest:
Kimberely Clark, MMC, City Clerk
Approved as to Form
Office of the City Attorney
By: _
Jill Vander Borght, Senior Assistant City Attorney
"SA"
FAMILY SERVICE AGENCY OF BURBANK
By:_
Name:
Title:
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EXHIBIT "A"
Agreement for School Based Counseling
FAMILY SERVICE AGENCY OF BURBANK
ELEMENTARY, MIDDLE & HIGH SCHOOL AGREEMENT 2022-23
The Youth (School-based) Mental Health CARE Program
This agreement made and entered into this first day of July 2022 between Burbank Unified School District, hereinafter referred to as District, and Family Service Agency of Burbank, herein after referred to as FSA for the purpose of providing mental health services to all District Schools as allowed by program and resources.
Program Description
The Youth Mental Health CARE Program's mission on District campuses, and; by extension, in the Burbank community, is to protect our youth from adversity, promote socio-emotional learning and psychological well-being, and ensure access for all our youth to quality community-focus, community-based mental health care proven critical for their overall healthy development and well-being.
In 2001, a partnership was formed between the District, The City of Burbank, and FSA. It has grown to provide individual and/or group counseling to students on:
• 11 Elementary
• 3 Middle
• 2 High
• 2 Alternative +1
school campuses, and to students enrolled in the District's Independent Learning Academy.
Individual/group sessions focus on depression, anxiety, self-harm, isolation and alienation, substance abuse, all forms of violence, family communication and relationships, and emotional regulation.
Accessing Program Services
Students referrals are to be made by a school principal, vice principal, school psychologist, or school counselor. When the District has submitted a completed student's referral packet an FSA Director will be assigned to complete the student/parent intake and assessment. Upon completion, an FSA therapist will be matched to the student/scheduled for weekly care/treatment.
Costs and AdditionalResources
Available resources ultimately determine the Youth Mental Health CARE Program's capacity for care/enrollment, FSA will continue to fundraise throughout the year in order to sustain current program service levels despite recent -1-
years unprecedented number of requests for care and the increased severity of requests.
FSA has also been awarded significant monies for the 2020-23 school years by the City of Burbank for program services.
Program Impact
high school youth - those indirectly impacted; classmates, teachers, school community, family, neighborhoods, and The program will deliver a minimum of 5000 clinical hours of CARE to a minimum of 500 elementary, middle, and/or the greater Burbank community are immeasurable, yet significant. involved as needed to reinforce and support treatment. Students will rotate in and out of the program. While the focus of treatment will be on the youth, the parents) will be Program Location
Services will be provided on District campuses. Under special clinical circumstances an alternative site, which will be mutually agreed to by the District and FSA, may be deemed more appropriate.
The "District" will coordinate with FSA appropriate space for the program's individual and/or group CARE.
Dates of Implementation and Completion
The program, which will coincide with the school calendar, will be implemented July 1, 2022, and will be completed by June 30, 2023.
Staffing
The program will utilize the appropriate level of dinical, educational, and administrative staff necessary to complete the scope of work.
Equipment and Supplies
All program equipment and supplies will be supplied by FSA.
GENERAL PROVISIONS
Modifications and Amendments
This agreement may be modified or amended by a written document executed by FSA and District. Changes in the administration agreements of the contract which do not alter the counseling services may be made at any time during the term of the contract, as mutually agreed by the FA and the District.
Independent FSA Status
While engaged in carrying out and complying with the terms and conditions of Agreement, FSA is an independent contractor and not an officer, employee, or agent of the District. -2-
Termination
To terminate the contract either party shall give one-hundred and twenty, (120) calendar day's written notice, Inspection and Audit
FSA shall provide reasonable access to or forward of any relevant books, documents, papers, reports, records, or other matter relating to the contract upon reasonable request by the District. FSA adheres to all current state confidentiality laws regulating the provision of mental health service.
Confidentiality
FSA shall regard all information received during the performance of services pursuant to the agreement as confidential and shall not disclose such information to any person without prior written consent. FSA adheres to all current state confidentiality laws regulating the provision of mental health services.
Indemnification
FSA shall, at its own expense, cost, defend, hold harmless and indemnify District and its officers, agents, and employees from all liabilities and claims for damages for death, sickness or injury to persons or property including without limitation all consequential damages, from any cause whatsoever arising from or connected with its services hereunder, resulting from negligence of FSA, its agents, or employees.
The District shall, at its own expense, cost, defend, hold harmless and indemnify FSA and its officers, agents, and employees from all liability and claims for death, sickness or injury to persons or property including without limitation all consequential damages, from any cause whatsoever arising from or connected with its services hereunder, resulting from negligence of District, its agents, or employees.
Insurance
During the term of this contract and any extension or modification thereof, "FSA" shall keep in effect the required policy or polices of comprehensive liability insurance for each person. "FSA" shall, at its own cost and expense, procure and maintain insurance under Worker's Compensation Law. All policies will name the "District as Additional Insured.
Notices
All notices provided for by this contract shall be in witting and may be delivered by certified or registered mail, postage prepaid. Notices to District shall be addressed to the Superintendent, for contracts. Notices to FSA shall be addressed to FSA's address designated herein. The effective date of notice shall be the date of the postmark.
Payment Provisions
Payment invoices will be submitted to District monthly. Such invoices shall be payable upon thirty days of receipt.
Payment will not exceed the amount committee 30,000.00 for the contract year 2022-23. - 3-
Audit Exceptions
FSA agrees to accept responsibiity for receiving, replying to, and/or complying with any related audit exceptions by appropriate state or federal audit agencies occurring as a result of SA's performance of this contract. FSA also agrees to pay the District within thirty (30) days of demand by District the full amount of District's liability to the state, if any, resuiting from any audit exceptions to the extent such are attributable to the SA's failure to perform property any of its obligations under this contract. The audit conducted by any appropriate state or federal audit agency shall conform to generally accepted accounting standards and principles.
IN WITNESS WHEREOF, the parties hereto have executed this agreement to be as of the day and year first above written.
This contract is effective July 1, 2022, and terminates at 12:00 p.m. on June 30, 2023, unless sooner terminated as provided herein.
BURBANK UNIFIED SCHOOL DISTRICT
SEWINE MEA
DR. Matt Hill, Superintendent
FAMILY SERVICE AGENCY OF BURBANK
SIGNATURE: Lauris Blick
DATE July.01.2022
Laurie Bleick, Executive Director
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