Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000215

 

MEETING DATE:

04/23/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3

SUBMITTING Agency/Department:

Health Care Agency   (Approved)

Department contact person(s):

Veronica Kelley (714) 834-7024 

 

 

Annette Mugrditchian (714) 834-5026

 

 

Subject:  Approve Retroactive Contract for Be Well Behavioral Health Hub with Mind OC

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $21,000,000

Annual Cost: FY 2024-25 $37,165,670
FY 2025-26 $4,709,059

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   Yes

    Current Fiscal Year Revenue: N/A

   Funding Source:     FED: 8% (See Financial Impact Section), State: 92% (See Financial Impact Section)

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         2/7/2023 #20, 9/13/2022 #29, 8/9/2022 #32, 2/1/2022 #7

 

RECOMMENDED ACTION(S):

 

 

1.

Approve retroactive Contract with Mind OC for Funding of Construction of the Be Well Behavioral Health Hub for the term of January 1, 2024, through Certificate of Occupancy, in an amount not to exceed $62,874,729.

 

2.

Authorize the County Procurement Officer or Deputized designee to execute the Contract with Mind OC as referenced in the Recommended Action above.

 

 

 

 

SUMMARY:

 

Approval of the Contract with Mind OC for Funding of Construction of the Be Well Behavioral Health Hub will support the construction of the Be Well Irvine Campus to help expand and enhance Orange County’s shared system of behavioral health care and support by providing access to Countywide behavioral health and substance use disorder services, among other related services.

 

 

 

BACKGROUND INFORMATION:

 

The Department of Health Care Services (DHCS) was authorized through 2021 legislation to establish Behavioral Health Continuum Infrastructure Program (BHCIP) and award $2.2 billion to construct, acquire, and expand properties and invest in mobile crisis infrastructure related to behavioral health.

 

On September 15, 2020, your Honorable Board of Supervisors (Board) approved an option and ground lease agreements with Mind OC to facilitate the entitlement, construction, operation, management and maintenance of the Be Well Irvine Campus at the former Marine Corps Air Station El Toro to help expand and enhance Orange County’s shared system of behavioral health care and support by providing a second location for residents of Orange County to access Countywide behavioral health and substance use disorder services, among other related services.

 

On February 1, 2022, the Board approved the grant award of $150,000 from DHCS for BHCIP Planning funds for the planning efforts to expand the behavioral health infrastructure needs in Orange County. Of the $150,000 award, $50,000 will go to Mind OC for the planning of the Be Well Irvine Campus and the planning of the below projects.

 

On August 9, 2022, the Board approved the grant award from DHCS for the BHCIP Round 3: Launch Ready Projects. The County of Orange was awarded $10,165,670 to help fund the planning and construction of a new 14,800 square feet (SF) Crisis Stabilization Building. The building will include a Sobering/Recovery Center for adults and Crisis Stabilization Units for both adults and adolescents. The Sobering/Recovery Center will have twelve (12) bays, and the Crisis Stabilization Unit will have eight (8) recliners/spaces for adolescents, and sixteen (16) recliners/spaces for adults. The BHCIP Round 3 funds must be encumbered by June 30, 2024, and expended by December 31, 2026, with project close-out no later than June 30, 2027. The Program Funding Agreement between DHCS and the Health Care Agency was executed in December 2023.

 

On September 13, 2022, the Board approved the grant award from the Department of Health and Human Services (HHS) for the Health Resources & Services Administration (HRSA) funds. The County of Orange was awarded $5,000,000 that will be used for the procurement of furniture and equipment for the Be Well Irvine Campus.

 

On January 23, 2023, pursuant to the Board authority delegated on September 15, 2020, Mind OC entered into a ground lease with the County for the purpose of designing, constructing and operating a wellness hub at the Be Well Irvine Campus to support a coordinated, Countywide behavioral health service system (Ground Lease).  The facility is currently under construction by Mind OC pursuant to the terms of the Ground Lease.

 

On February 7, 2023, the Board approved the Grant Award of $27,659,059 from DHCS for BHCIP Round 4: Children and Youth to help fund construction of a new single-story, 34,050 SF residential treatment building for adolescent substance use disorder (SUD) and perinatal SUD. The adolescent SUD program will offer thirty (30) beds, and support both male and female clients. The perinatal SUD program will offer twenty-four (24) rooms for either pregnant mothers or mothers with children. The Program Funding Agreement between DHCS and the Health Care Agency (HCA) is currently pending. HCA is working with Advocates for Human Potential to submit all required documents. Once all required documents are submitted HCA will execute the Program Funding Agreement for Round 4.

 

 

MHSA Funding:

The $20 million of Mental Health Services Act Funds (“MHSA”), funded by HCA, will help support Mind OC in the design and construction of two (2) new buildings on the Campus, within Area 1, including associated site work and landscaping. The first building is new construction of a 24,011 square feet (SF) Welcome, Outpatient, & Support Services building. The building will include a welcome lobby for the entire Campus, inclusive of guest services & security, a kitchen & café to support campus residents, support services space, and outpatient clinics. The second building is new construction of a 34,997 SF residential treatment building for adult crisis residential treatment (CRP) and adult substance use disorder treatment (SUD). The adult CRP program will offer 16 beds, the adult SUD program will offer 32 beds for residential treatment and 16 beds for withdrawal management. The building will include rooms for individual and group therapy, kitchens for meal preparation and learning nutritional skills, and have access to outdoor activity spaces. Once constructed the facility will be owned and operated by Mind OC pursuant to the terms of the Ground Lease.

 

U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) Funding (federally earmarked funds)

 

The $5 million HRSA funds will support Mind OC in the procurement of furniture and equipment for the Campus. The funds will contribute to the procurement, delivery and installation of moveable (non-architecturally significant) furniture & equipment, located throughout the Be Well Irvine Campus. The funds will contribute to both interior and exterior furniture and equipment. HCA worked closely with Mind OC on the development of this Contract for the planning and construction of the Be Well Irvine Campus, located at 7780, 7790, 7800, 7820, 7850, 7880, 7900 and 7950 Marine Way, Irvine, California 92618. The above-mentioned grant awards, along with dedicated MHSA funding that was budgeted for the Be Well Irvine Campus construction, will be used to expand the County of Orange behavioral health services infrastructure. HCA has worked closely with Mind OC on the implementation and planning of the Be Well Irvine Campus to help ensure it meets the needs of the community and to help ensure the implementation of funds is allowed as part of the grant funding. HCA is working with the HRSA team to submit all required documents for these projects.

 

This a retroactive request to allow for the reimbursement for the BHCIP Round 3 and Round 4 projects described above. HCA is requesting retroactive approval due to the fact that DHCS and the Board already approved projects for BHCIP round 3 and 4 grants, and the facility is under construction currently. Additionally, DHCS is allowing for any reasonable, actual, and documented project specific fees and expenses incurred on or after June 16, 2022, the date of the Round 3 conditional award letter, and on or after December 7, 2022, the date of the Notice of Conditional Award for Round 4, to be reimbursed. The Contract will have deliverables that started in January 2024. The County has previously entered into the Ground Lease for the Premises to Mind OC for the purposes of designing and constructing a wellness campus. Pursuant to the previously approved Ground Lease, Mind OC is the sole vendor to plan and construct on the leased property and will subsequently own and operate the facility. The proposed Contract is a sole source contract.

 

The Orange County Preference Policy is not applicable to this contract award. This contract, due to the nature of the services, could require the addition of subcontractors.  In order to add subcontractor(s) to the contract, the contractor must express consent from HCA. Should the addition of a subcontractor affect the scope of work and/or contract amount, HCA will bring the item back to the Board for approval. See Attachment B for Contract Summary Form.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Contract are included in Budget Control 042 FY 2023-24 Budget and will be included in the budgeting process for future years.      

 

Funding

Description

FY 2023-24

FY 2024-25

FY 2025-26

Total Funding Amount

State: BHCIP Planning Funds

Planning of Construction projects

$50,000

N/A

N/A

$50,000

State: BHCIP Rd 3

Crisis Stabilization & Sobering/Recovery Center Building

$5,000,000

$5,165,670

N/A

$10,165,670

State: BHCIP Rd 4

Adolescent/Perinatal Substance Use Disorder Building

$1,950,000

$21,000,000

$4,709,059

$27,659,059

State: MHSA

Welcome, Outpatient, &Support Building/Adult Crisis Building

$13,000,000

$7,000,000

N/A

$20,000,000

Fed: HRSA

Furniture & Equipment for Campus

$1,000,000

$4,000,000

N/A

$5,000,000

Total

 

$21,000,000

$37,165,670

$4,709,059

$62,874,729

 

The proposed Contract includes provisions allowing HCA to terminate the Contract, reduce the level of services, and/or renegotiate the levels of services provided, as necessary. This includes a notice that allows HCA adequate time to transition or terminate services to clients, if necessary.

 

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A – Contract for Funding of Be Well Irvine Campus with Mind OC
Attachment B – Contract Summary Form