AGENDA REPORT
Meeting Date: February 20, 2024
Item Number:
To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: AUTHORIZE THE CITY MANAGER TO APPROVE A FISCAL YEAR 2023-2024 PURCHASE ORDER IN A NOT-TO-EXCEED AMOUNT OF
$352,000 TO LOS ANGELES COUNTY DEPARTMENT OF MENTAL
HEALTH
Attachments: 1. Agreement 778-22
2. Agenda Report dated May 24, 2022
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve a fiscal year 2023-2024 purchase order in a not-to-exceed amount of $352,000 to Los Angeles County Department of Mental Health.
INTRODUCTION
The Beverly Hills Police Department (BHPD) and Los Angeles County Department of Mental Health have partnered to establish a BHPD Mental Health Evaluation Team (MHET) to provide outreach to community members struggling with mental illness.
Budget Enhancement request no. 170-010 for the BHPD MET program presented on May 24, 2022, specifically requested that the City Council authorize and delegate the City Manager to negotiate, approve and execute the agreement with the Los Angeles County Department of Mental Health and related purchase order.
DISCUSSION
BHPD MET provides mental health support, field crisis intervention, and appropriate psychiatric placement in situations involving contact with persons suffering from mental illness. The team consist of two Police Officers and two Licensed Clinical Social Workers.
The goal of this co-response model is to reduce incidents of use of force and avoid unnecessary incarcerations of severely mentally ill persons. MET also provides training for de-escalation, crisis negotiations during major incidents, averting use of force and Meeting Date: February 20, 2024
reducing incarceration of mentally ill consumers. By assigning dedicated police personnel to the MET, other police resources are freed up to respond to other emergency calls. The clinicians are partnered with a sworn Police Officer and together provide mental health response team seven days a week/10-hour day.
FISCAL IMPACT
The City Council approved a budget enhancement of $400,000 for contractual services as part of the adoption of the FY 2022-23 operating budget and as such, no additional funding is necessary.
Mark Stainbrook,
Chief of Police
Approved By
Attachment 1
MEMORANDUM OF AGREEMENT #MHMOU24I
MEMORANDUM OF AGREEMENT AGREEMENT NO.
REGARDING
THE MENTAL HEALTH EVALUATION TEAM
BY AND BETWEEN
THE LOS ANGELES COUNTY DEPARTMENT OF MENTAL HEALTH
AND
THE CITY OF BEVERLY HILLS
This Memorandum of Agreement (MQA) is made and entered injhis 7th day of December 2022, by and between the City of Beverly Hills (hereafter “Beverly Hills”) and the Los Angeles County Department of Mental Health (hereafter “DMH”).
RECITALS
WHEREAS, Beverly Hills has a need and desires to form a partnership with DMH to provide a co-response model to respond to calls involving targeted school violence, individuals or families experiencing a mental health crisis or individuals suspected of having a mental illness, and homeless individuals within or impacted by a critical incident in the City of Beverly Hills; and
WHEREAS, DMH has the necessary personnel, experience, and specialized mental health professionals for the provision of the needed services; and WHEREAS, DMH is responsible for providing specialty mental health services to all eligible persons within Los Angeles County; and
WHEREAS, Beverly Hills and DMH believe it would be beneficial to the City of Beverly Hills to establish a co-response partnership called the Beverly Hills Mental Evaluation Team (BHMET), to respond to calls involving targeted school violence, homeless individuals, individuals or families experiencing a mental health crisis or impacted by a critical incident; and
WHEREAS, Beverly Hills shall reimburse DMH for the actual costs of its personnel including salary, employee benefits, overtime, and administrative overhead less any offsetting revenue incurred in the performance of BHMET services, not to exceed $352,000 per fiscal year for two clinicians.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS
I. TERM
1.1 The term of this MOA shall be effective upon execution and shall remain in effect until either party wishes to terminate, in which case the terminating party shall provide at least 90 days’ notice to the other party.
SERVICES, CARE COORDINATION, MONITORING AND REPORTING
A. DMH RESPONSIBILITIES
1. DMH shall manage DMH personnel assigned to the BHMET.
2. DMH shall assign two licensed mental health clinicians to the BHMET for up to 40 hours per week per clinician. The work schedule shall initially be Sunday to Wednesday (Clinician 1) and Wednesday to Saturday (Clinician 2) from 10:00 a.m. to 8:00 p.m. each day.
Upon mutual agreement and prior written consent, DMH and Beverly Hills may change the work schedule to most effectively respond to trends in call frequency and personnel workload.
The responsibilities of the assigned DMH clinicians are set forth on Exhibit A (Mental Health Evaluation Team Statement of Work), attached hereto and incorporated by reference. These responsibilities may be revised by mutual written agreement of the parties.
3. DMH agrees that all assigned licensed mental health clinicians assigned to BHMET have passed a background investigation obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal-level review, which may include, but will not be limited to, criminal conviction information.
4. Clinicians will be deployed in plain clothes and will assess, process, and report on mentally ill individuals, as well as provide advice and required assistance to Beverly Hills Police Officer(s) in the field.
5. DMH will provide its own laptops, office supplies, and cell phones to DMH clinicians assigned to BHMET.
6. DMH clinicians may, in their discretion, access information contained in the Integrated Behavioral Health Information System (IBHIS) for purposes of providing services in its BHMET deployment. The clinicians will only disclose IBHIS information and any other protected mental health information to Beverly Hills Police Officer(s) to the extent and when authorized by law.
7. DMH personnel who are issued identification and access passes to Beverly Hills facilities shall ensure safe possession and immediately report any loss or theft of such identification and/or access passes to Beverly Hills immediately. If at any point DMH personnel with access are no longer a part of the team, any identification and/or facility access passes shall be returned LACDM H_Beverly Hills MQA MET Page 2
to Beverly Hills within one business day of separation from the team.
8. DMH will reimburse Beverly Hills for any actual costs associated with cancelling, reissuing, and/or re-keying any identification and/or access pass by offsetting such costs in the quarterly invoice.
B. CITY OF BEVERLY HILLS RESPONSIBILITIES
1. Manage and supervise Beverly Hills Law Enforcement Personnel assigned to BHMET.
2. Assign Beverly Hills Police Officers to BHMET to enable co-deployment with DMH personnel to provide mental health services to identified individuals to ensure full shift coverage on all working shifts and keep pace with trends of increasing Beverly Hills Police Officers’ investigative workload, and to engage in research to help the BHMET team.
3. Provide DMH personnel office space, furniture, equipment, radios, vehicles, digital terminals, and logistical support to ensure the functionality of BHMET.
4. Provide DMH with assigned parking spaces for DMH County vehicle(s) and/or DMH employees’ vehicles. Renewing of these parking permits each year shall be routine without any requirement for special request.
5. Issue approved DMH personnel appropriate identification and access passes to enable ingress and egress to the Beverly Hills Police Building and parking structure. DMH personnel issued identification and access passes to Beverly Hills facilities shall ensure its safe possession. The access passes shall not require annual renewal requests and they shall be issued with access already coded in the passes.
6. Provide DMH personnel with the same access as the Beverly Hills Police Department civilian personnel.
7. Serve as the primary authority for prioritizing and dispatching BHMET when the requests are made through the 911 system.
Ill. MUTUAL RESPONSIBILITIES
A. All personnel assigned to the BHMET shall be knowledgeable of and abide by all applicable provisions of the law pertaining to the confidentiality of information, which may include but are not limited to, the Health Information Portability and Accountability Act (HIPAA) and Welfare and Institutions Code Section 5328.
LACDM H_Beverly Hills MOA MET Page 3
B. Limit direction of respective personnel assigned to BHMET to perform only those duties associated with the MET program.
C. Ensure notifications are made to the other party when personnel will not appear for their scheduled shift(s).
1. Should Beverly Hills re-deploy sworn personnel to uniformed special events resulting in disruptions to BHMET operations, DMH shall be notified in advance so it can re-deploy its personnel.
2. DMH shall notify Beverly Hills in advance when its personnel must be re-deployed.
D. Provide appropriate cross training to staff assigned to BHMET.
E. This MOA and each Party’s compliance with its obligations may be subject to review by the other party. Such reviews may occur as each department deems appropriate to assess compliance with the terms of this MOA.
F. Maintain all records relating to BHMET operations and/or client services in compliance with applicable law and DMH procedures.
IV. INDEMNIFICATION
Beverly Hills will indemnify, defend and hold harmless the County, its trustees, officers, agents and employees from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for injury or damages arising out of the performance of this MOA, to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Beverly Hills, its trustees, officers, agents or employees.
The County will indemnify, defend and hold harmless Beverly Hills, its trustees, officers, agents and employees from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for injury or damages arising out of the performance of this MOA, to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result solely from the negligent or intentional acts or omissions of County, its officers, agents, or employees.
V. INSURANCE
Each Party, at all times during this MOA, must maintain insurance at each Party’s own cost and expense.
LACDM H_Beverly Hills MOA MET Page 4
County, at its sole option, may satisfy all or any part of this insurance requirement through use of a program of self-insurance.
VI. AMENDMENTS
Both Parties agree to take such action, as necessary, to amend this MOA from time to time as appropriate or to comply with the requirements of applicable provisions of law or regulations. This MOA may be amended or revised as the Parties deem necessary to further the purpose and intent of this MOA. Any revisions shall be by a written amendment to the MQA and signed by both Parties.
VII. TERMINATION
Either Party may terminate the MOA upon 90 days’ advance written notification to the other Party, or immediately upon failure of Beverly Hills and/or DMH to designate and approve funds for the program through their respective legislative bodies.
In the event Beverly Hills fails to procure funding for the program, Beverly Hills shall make payments for any services rendered to date.
VIII. CONFIDENTIALITY
The parties acknowledge that confidentiality of records must be maintained for all individuals in receipt of BHMET services in accordance with all applicable federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality.
IX. DISPUTE RESOLUTION
Both Parties will make a good-faith effort to resolve any disputes between them related to this MOA through informal means.
X. NOTICES
Notices required or provided for by this MOA shall be sent as follows:
City of Beverly Hills
Captain Elisabeth Albanese
Beverly Hills Police Department
464 N Rexford Drive
Beverly Hills, CA 90210
LACDMH_Beverly Hills MOA MET Page 5
DMH
Miriam A. Brown, LCSW
Department of Mental Health
510 S. Vermont Ave.
Los Angeles, CA 90020
MBrowndmh.lacounty.gov
Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail.
Xl. FISCAL PROVISIONS
DMH shall invoice Beverly Hills on a quarterly basis as specified in the timetable below. Invoices shall be provided to Beverly Hills within 30 days following each quarterly service period. Beverly Hills shall pay DMH for the billed amount within 45 days following the receipt of an invoice from DMH. Total cost of services shall not exceed $352,000 per fiscal year for two clinicians.
Quarter Service Period
First Quarter July -September
Second Quarter October — December
Third Quarter January — March
Fourth Quarter April -June
XII. COMPLETE AGREEMENT
This MOA constitutes the full and complete understanding and agreement of the parties.
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LACDMH_Beverly Hills MOA MET Page 6
CONCLUSION
The signatures of the individuals below affirm that they are duly authorized to commit and bind their respective organizations to the terms and conditions set forth in this MOA.
George Chavez, City Manager ‘
City Manager
City of Beverly Hills
Beverly Hills, CA
Coo.D4rd
Lisa H. Wong, Psy.D.
Interim Director
Department of Mental Health
Los Angeles, CA
Date Date:
APPROVED AS TO FORM:
Laurence S. Wiener
City Attorney
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
By: Emily D. Issa
Senior Deputy County Counsel
-, SironL’H ur
Risk Manager
Chief of Police
LACDM H_Beverly Hills MOA MET Page 7
Exhibit A
Mental Health Evaluation Team Statement of Work
1. Beverly Hills Mental Evaluation Team (BHMET) will respond to Beverly Hills residents’ crisis calls involving targeted school violence, homeless individuals, individuals or families experiencing a mental health crisis or impacted by a critical incident.
2. The responsibilities of the DMH clinician will include the following:
• Provide mobile psychiatric assessment and evaluation for voluntary and involuntary hospitalization. Depending upon the apparent seriousness of the situation, sign application under Welfare and Institutions Code section 5150/5585 for immediate 72-hour detention at a hospital facility, schedule an appointment for evaluation and treatment at a Mental Health Clinic, or make a referral to another community treatment agency.
• Provide mobile crisis intervention to individuals and families. • Respond to suicide attempts in progress at request of Beverly Hills patrol units. • Respond to barricaded suspects upon request.
• Respond to the Beverly Hills Police Department for psychiatric evaluation and hospitalization for civilians experiencing a psychiatric crisis. • Avert violent confrontations between consumers and law enforcement through the use of verbal de-escalation techniques.
• Participate in providing roll-call training to Beverly Hills law enforcement divisions and stations.
LACDM H_Beverly Hills MOA MET Page 1
Attachment 2
AGENDA REPORT
Meeting Date: May 24, 2022
Item Number:
To: Honorable Mayor & City Council
From: Mark G. Stainbrook, Chief of Police
Subject: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE
A MEMORANDUM OF AGREEMENT REGARDING THE MENTAL
HEALTH EVALUATION TEAM BY AND BETWEEN THE LOS
ANGELES COUNTY DEPARTMENT OF MENTAL HEALTH AND CITY
OF BEVERLY HILLS; AND
AUTHORIZE THE CITY MANAGER TO APPROVE A FISCAL YEAR
2022-2023 PURCHASE ORDER IN A NOT-TO-EXCEED AMOUNT OF
$400,000; AND
AUTHORIZE THE CITY MANAGER TO APPROVE ANY FISCAL
YEAR 2022-2023 CHANGE PURCHASE ORDERS IN AN AMOUNT
NOT-TO-EXCEED THE TOTAL VALUE OF THE AGREEMENT
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that Council approve the Beverly Hills Police Department (BHPD) Mental Health Evaluation Team (MET) and authorize and delegate the City Manager to negotiate, approve and execute the agreement with the Los Angeles County Department of Mental Health. The agreement will be for two Licensed Clinical Social Workers to staff the MET seven days per week for ten hours per day and will be for a maximum amount of $400,000.
INTRODUCTION
The BHPD and Los Angeles County Department of Mental Health can partner to establish a BHPD Mental Health Evaluation Team (MET) to provide outreach to community members struggling with mental illness.
The BHPD MET program will be detailed during the May 24, 2022, Budget Enhancement Form presentation to City Council. This item specifically requests that City Council E-11
Meeting Date: May 24, 2022
authorize and delegate the City Manager to negotiate, approve and execute the agreement with the Los Angeles County Department of Mental Health.
DISCUSSION
BHPD MET will provide mental health support, field crisis intervention, and appropriate psychiatric placement in situations involving contact with persons suffering from mental illness. The team will consist of two Police Officers and two Licensed Clinical Social Workers.
The goal of this co-response model is to reduce incidents of use of force, and avoid unnecessary incarcerations of severely mentally ill persons. MET also performs training for de-escalation, crisis negotiations during major incidents, averting use of force and reducing incarceration of mentally ill consumers. By assigning dedicated police personnel to the MET, other police resources are freed up to respond to other emergency calls. The clinicians will each be partnered with a sworn Police Officer and combined will provide a mental health response team seven days a week/10 hours a day.
FISCAL IMPACT
This item is part of the Budget Enhancement Form requests being presented to Council on May, 24, 2022, for a maximum amount of $400,000.
Mark G. Stainbrook,
Chief of Police
Approved By
Attachment 1
B0785-0001\2664368v4.doc
MEMORANDUM OF AGREEMENT
REGARDING
THE MENTAL HEALTH EVALUATION TEAM
BY AND BETWEEN
THE LOS ANGELES COUNTY DEPARTMENT OF MENTAL HEALTH
AND
CITY OF BEVERLY HILLS
This Memorandum of Agreement (MOA) is made and entered into this ___ day of 2022, by and between the City of Beverly Hills (hereafter “Beverly Hills”) and the Los Angeles County Department of Mental Health (hereafter “DMH”).
RECITALS
WHEREAS, Beverly Hills has a need for, and desires to form a partnership with a qualified governmental agency to provide a co-response model to respond to calls involving targeted school violence, individuals or families experiencing a mental health crisis or suspected of having a mental illness, and homeless individuals within Beverly Hills; and WHEREAS, DMH has the necessary facility, personnel, experience, and specialized mental health professionals for the provision of the needed services; and WHEREAS, DMH is responsible for providing mental health services to all eligible persons within the Beverly Hills; and
WHEREAS, Beverly Hills and DMH believe it would be beneficial to the residents of the Beverly Hills to establish a co-response partnership called the Beverly Hills Mental Evaluation Team (BHMET), to respond to calls involving targeted school violence, homeless individuals, individuals or families experiencing a mental health crisis or impacted by a critical incident; and WHEREAS, Beverly Hills shall reimburse DMH for its personnel and services and supplies incurred in the performance of BHMET services, not to exceed the amount of $352,000 per fiscal year for two clinicians.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS
I. TERM
The term of this MOA shall be for 24 months from the effective date. The effective date shall be the date of approval of the MOA by both parties. This MOA shall automatically renew for successive terms equal to the original term unless either party has given notice of termination of the MOA pursuant to Section VII.
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II. SERVICES, CARE COORDINATION, MONITORING AND REPORTING A. DMH RESPONSIBILITIES
1. Managing DMH personnel assigned to the BHMET.
2. DMH shall assign two licensed mental health clinicians, to the BHMET for up to 40 hours per week per clinician. The work schedule shall initially be Sunday to Wednesday (Clinician 1) and Wednesday to Saturday (Clinician 2) from 10:00 a.m. to 8:00 p.m. for a one year period as more particularly detailed in Exhibit A to the Agreement Assignment to work schedules as decided upon the mutual written agreement of Beverly Hills and DMH, and to deploy for the trends of increasing call and workload.
The responsibilities of the assigned DMH clinicians are set forth on Exhibit A (Memorandum of Agreement between DMH and the Beverly Hills, Mental Health Evaluation Team), attached hereto and incorporated herein. These responsibilities may be revised by mutual written agreement of the parties.
3. All assigned licensed mental health clinicians assigned to BHMET shall undergo a CJIS compliant background check.
4. Deploying clinicians in plain clothes; clinicians shall deploy to assess, process, and report on cases involving mental illness, as well as provide advice and required assistance to field Beverly Hills police officers.
5. Exploring and taking action to potentially increase or decrease personnel staffing levels as a result of increases or decreases and/or extend staff vacancies by Beverly Hills for BHMET.
6. DMH will provide its own computers, office supplies, and communications equipment (cell phones).
7. DMH clinicians may, in their discretion, access information contained in the County Integrated System (IS) or the Integrated Behavioral Health Information System (IBHIS) for purposes of providing services in its BHMET deployment. The clinicians will disclose IS/IBHIS information and any other protected mental health information to the extent and when authorized by law.
B. BEVERLY HILLS RESPONSIBILITIES
1. Manage and supervise Beverly Hills Law Enforcement Personnel assigned to BHMET.
2. Shall assign Beverly Hills Police Officers to BHMET to enable co-deployment with DMH personnel to provide mental health services to identified clients to ensure full shift coverage on all working shifts and keep pace with trends of increasing investigative workload, and to engage in research to help the BHMET team.
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3. Shall provide its personnel the necessary office space, furniture, equipment, computers, radios, supplies, vehicles, digital terminals, and logistical support; also, shall provide DMH personnel office space, furniture, and logistical support to ensure the functionality of BHMET.
4. Shall provide DMH with assigned parking spaces for DMH vehicles. Renewing of these parking permits each year shall be routine without any requirement for special request.
5. Shall issue approved DMH personnel appropriate identification and access passes to enable ingress and egress to the Beverly Hills Police Building and parking structure. DMH personnel issued identification and access passes to Beverly Hills facilities shall ensure its safe possession. The access passes shall not require annual renewal requests and they shall be issued with access already coded in the passes.
6. Shall provide the DMH personnel with the same access as the Beverly Hills Police Department civilian personnel. If at any point a DMH staff with access is no longer a part of the BHMET team, any issued facility access passes shall immediately be returned to Beverly Hills for processing.
7. In the event of loss and/or failure to return any identification and/or access pass to Beverly Hills, DMH will reimburse Beverly Hills for any actual costs associated with cancelling, reissuing and/or re-keying any identification and/or access pass.
8. Will serve as the primary authority for prioritizing and dispatching BHMET when the requests are made.
Beverly Hills shall use the LACDMH-Access to Community Care Effective and Supportive Services (ACCESS) system when BHMET is unable to respond. The ACCESS Center, as part of LACDMH’s Help Line, operates 24 hours/day, 7 days/week as the entry point for mental health services in Los Angeles County. Services include deployment of crisis evaluation teams, information and referrals, gatekeeping of acute inpatient psychiatric beds, interpreter services and client transport.
The Hotline enables disaster victims to receive, over the telephone, the following mental health services:
Screening
Assessment
Referral
Crisis Counseling
During County emergencies, ACCESS Center also functions as a disaster response line that provides crisis-related supports and services to impacted residents and communities.
DMH_Beverly Hills MOA 02182022 Page 4
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III. MUTUAL RESPONSIBILITIES
A. All personnel assigned to the BHMET shall be knowledgeable of and abide by all applicable provisions of the law pertaining to the confidentiality of information, which may include but are not limited to, the Health Information Portability and Accountability Act (HIPAA) and Welfare and Institutions Code, Section 5328.
B. Not to direct or re-direct DMH personnel assigned to BHMET to perform duties not identified by the Beverly Hills management.
C. Should Beverly Hills re-deploy sworn personnel to uniformed special events resulting in disruptions to BHMET operations, DMH shall be notified in advance so it can redeploy its personnel to support the Beverly Hills mission in other ways, or to other county duties. Similarly, DMH shall notify Beverly Hills in advance when its personnel must be re-deployed due to training obligations, mandatory meetings, or county-wide crisis events. However, DMH will give priority to Beverly Hills to make use of DMH personnel during county-wide crisis events; and/or will remain cognizant of the need to support Beverly Hills’s mission and will first consult with Beverly Hills when redeployment of DMH personnel is being considered. Beverly Hills and DMH shall ensure written notifications are made to the other party when its personnel experience excused and unexcused absences.
D. Both parties to this MOA agree to provide appropriate cross training to staff assigned to BHMET.
E. This MOA and each party's compliance with its obligations may be subject to review by Beverly Hills, BHMET and DMH and/or the other party. Such reviews may occur as each department deems appropriate to assess compliance with the terms of this MOA.
F. Beverly Hills agrees to maintain all records relating to BHMET operations consistent with procedures governing records retention. DMH agrees to maintain all records relating to client services in compliance with applicable law and applicable DMH procedures.
IV. INDEMNIFICATION
Beverly Hills shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (“County Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees.
The County shall indemnify, defend and hold harmless Beverly Hills, its employees, agents and volunteers (“Beverly Hills Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of Beverly Hills Indemnitees.
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V. BUSINESS ASSOCIATE AGREEMENT
The parties shall be required to enter into a Business Associate Agreement on the form, attached hereto and incorporated by this reference as Exhibit B, to guarantee the protection of patient health information that is subject to the Health Insurance Portability and Accountability Act (“HIPAA”) Rules.
VI. GENERAL PROVISIONS
AMENDMENTS: Both parties agree to take such action, as necessary, to amend this MOA from time to time as appropriate or to comply with the requirements of applicable provisions of law or regulations. This MOA may be amended or revised as the parties deem necessary to further the purpose and intent of this MOA; any amendments or revisions shall be by a written amendment to the MOA signed by both parties.
VII. REVISIONS AND TERMINATION
The terms of this MOA may be amended only upon written approval by both parties. Either party to the MOA may terminate the MOA upon 90 days written notification or upon failure of Beverly Hills and/or DMH to designate and approve funds for the program through their respective legislative bodies.
In the event Beverly Hills fails to procure funding for the program, Beverly Hills shall make payments for any services rendered to date.
VIII. DISPUTE RESOLUTION
Both parties are committed to mutually establish satisfactory methods for problem resolution. The parties agree any dispute that arises between DMH and Beverly Hills should be resolved amicably, through informal means.
IX. NOTICES
Notices required or provided for by this MOA shall be sent as follows:
Beverly Hills:
Captain Elisabeth Albanese…
BEVERLY HILLS POLICE DEPARTMENT
464 N Rexford Drive
Beverly Hills, CA 90210
DMH:
Miriam A. Brown, LCSW
Department of Mental Health
510 S. Vermont Ave.
Los Angeles, CA 90020
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X. FISCAL PROVISIONS
DMH shall bill Beverly Hills on a quarterly basis as set forth in the payment schedule below. Total cost of services shall not exceed $352,000 per fiscal year for two clinicians.
XI. FEE SCHEDULE
DMH shall bill Beverly Hills on a quarterly basis for the actual costs incurred. These invoices shall be provided to Beverly Hills within 30 days following each quarterly service period. Beverly Hills shall pay DMH for the undisputed billed amount within 30 days following the receipt of an invoice from DMH’s Reimbursement and Audit Support Division – Revenue and Recovery Section. The total cost of services shall not exceed $352,000 per fiscal year for two clinicians.
Invoice
# Service Period Service Provider
Estimated
Cost
1 The first quarter (3
full months upon
Board approval date
Two (2) FTE DMH
Licensed Clinicians
including benefits,
overtime and operating
costs $ 73,920
2 The second quarter
Two (2) FTE DMH
Licensed Clinicians
including benefits,
overtime and operating
costs $ 73,920
3 The third quarter
Two (2) FTE DMH
Licensed Clinicians
including benefits,
overtime and operating
costs $ 73,920
4 The fourth quarter
Two (2) FTE DMH
Licensed Clinicians
including benefits,
overtime and operating
costs $ 73,920
Administrative Overhead $ 56,320
Total: $ 352,000
XII. COMPLETE AGREEMENT
This MOA constitutes the full and complete understanding and agreement of the parties.
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XIII. CONCLUSION
The signatures of the below parties affixed to this MOA affirm that they are duly authorized to commit and bind their respective organizations to the terms and conditions set forth in this MOA.
_____________________________ ___________________________ Jonathan E. Sherin, MD, Ph.D.
Chief Executive Officer Director
Los Angeles County
Los Angeles, California Department of Mental Health
Date:________________________ Los Angeles, California
Date:______________________
__________________________
George Chavez, City Manager
City of Beverly Hills, California
Date:_________________________
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
Laurence S. Wiener Mark Stainbrook
City Attorney Chief of Police
____________________________
Sharon L’Heureux Dressel
Risk Manager
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Exhibit A
Memorandum of Agreement
Between
Los Angeles County Department of Mental Health and the City of Beverly Hills Mental Health Evaluation Team
1. Beverly Hills Mental Evaluation Team (BHMET) will respond to Beverly Hills residents’ crisis calls involving targeted school violence, homeless individuals, individuals or families experiencing a mental health crisis or impacted by a critical incident.
2. The responsibilities of the DMH clinician will include the following:
Provide mobile psychiatric assessment and evaluation for voluntary and involuntary hospitalization. Depending upon the apparent seriousness of the situation, sign application for immediate 72 hour detention at a hospital facility, schedule an appointment for evaluation and treatment at a Mental Health Clinic, or make a referral to another community treatment agency. Provide mobile crisis intervention to respond to individuals, families and consumers.
Provide Homeless Outreach to those at risk for mental illness. Respond to suicide attempts in progress at request of patrol units. Respond to consumers de-compensating and in need of immediate assistance with law enforcement to assist persons facing eviction and suspected of having mental disorders.
Respond to requests from Adult Protective Services, Department of Children Services, and schools when police assistance is required at the scene. Respond to requests for psychiatric evaluations on discharged inmates from Los Angeles County jail, Beverly Hills jail, and other jails. Respond to barricaded suspects upon request.
Respond to the Beverly Hills Police Department for evaluation and hospitalization for civilians experiencing a psychiatric crisis.
Avert violent confrontations between consumers and law enforcement through the use of verbal de-escalation techniques.
Participate in providing roll-call training to various law enforcement divisions and stations.
The initial hours for the clinicians shall be as follows:
Sun-Wed and Wed-Sat 1000-2000
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Beverly Hills may modify the hours upon the mutual agreement of the parties.
DMH_Beverly Hills MOA 02182022 Page 1
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EXHIBIT B
BUSINESS ASSOCIATE AGREEMENT FORM
This Business Associate Agreement (the “Agreement”), is made as of the _____ day of September 202_ (the “Effective Date”), between ___________________________ (“Business Associate”) and the City of Beverly Hills (“City”) (collectively the “Parties”) to comply with privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164 (“the Privacy Rule”) and security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C (“the Security Rule”), and the Health Information Technology for Economic and Clinical Health (HITECH) Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 and regulations promulgated there under and any applicable state confidentiality laws.
RECITALS
WHEREAS, Business Associate provides _____________________ related services to or on behalf of City;
WHEREAS, in connection with these services, City’s Police Department discloses to Business Associate certain protected health information (“PHI”) that is subject to protection under the HIPAA Rules; and
WHEREAS, the HIPAA Rules require that the City receives adequate assurances that Business Associate will comply with certain obligations with respect to the PHI received in the course of providing services to or on behalf of the City’s Police Department.
NOW THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
A. Definitions. Terms used herein, but not otherwise defined, shall have meaning ascribed by the Privacy Rule and the Security Rule.
1. Breach. “Breach” shall mean the unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.
2. Designated Record Set. “Designated Record Set” shall mean a group of records maintained by or for the City’s Police Department that is: (i) the medical records and billing records about Individuals maintained by or for a covered health care provider; (ii) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or (iii) used, in whole or in part, by or for the City’s Police Department to make decisions about Individuals. For purposes of this definition, the term “record” means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for City’s Police Department.
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3. HIPAA Rules. The Privacy Rule and the Security Rule and amendments codified and promulgated by the HITECH Act are referred to collectively herein as “HIPAA Rules.”
4. Individual. “Individual” shall mean the person who is the subject of the PHI.
5. Protected Health Information. “Protected Health Information” or PHI shall mean individually identifiable health information that is transmitted or maintained in any form or medium.
6. Required by Law. “Required by Law” shall mean a mandate contained in law that compels a use or disclosure of PHI.
7. Secretary. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his or her Designee.
8. Sensitive Personal Information. “Sensitive Personal Information” shall mean an individual’s first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted: a) social security number; driver’s license number or government-issued identification number; or account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account; or b) information that identifies an individual and relates to: the physical or mental health or condition of the individual; the provision of health care to the individual; or payment for the provision of health care to the individual.
9. Unsecured PHI. “Unsecured PHI” shall mean PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of Public Law 111-5 on the HHS Web site.
B. Purposes for which PHI May Be Disclosed to Business Associate. In connection with the services provided by Business Associate to or on behalf of City’s Police Department described in this Agreement, City’s Police Department may disclose PHI to Business Associate for the purposes of patient care treatment, payment, or operations.
C. Obligations of City’s Police Department. If deemed applicable by City’s Police Department, City’s Police Department shall:
1. provide Business Associate a copy of its Notice of Privacy Practices (“Notice”) produced by City’s Police Department in accordance with 45 C.F.R. 164.520 as well as any changes to such Notice;
2. provide Business Associate with any changes in, or revocation of, authorizations by Individuals relating to the use and/or disclosure of PHI, if such changes affect Business Associate’s permitted or required uses and/or disclosures; DMH_Beverly Hills MOA 02182022 Page 3
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3. notify Business Associate of any restriction to the use and/or disclosure of PHI to which City’s Police Department has agreed in accordance with 45 C.F.R. 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI;
4. not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if used or disclosed by City’s Police Department;
5. notify Business Associate of any amendment to PHI to which City’s Police Department has agreed that affects a Designated Record Set maintained by Business Associate;
6. if Business Associate maintains a Designated Record Set, provide Business Associate with a copy of its policies and procedures related to an Individual’s right to: access PHI; request an amendment to PHI; request confidential communications of PHI; or request an accounting of disclosures of PHI; and,
7. notify individuals of Breach.
D. Obligations of Business Associate. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, specifically the provisions of the HIPAA Rules applicable to business associates, including:
1. Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use or disclose PHI except as necessary to provide Services described above to or on behalf of City’s Police Department, and shall not use or disclose PHI that would violate the HIPAA Rules if used or disclosed by City’s Police Department. Also, knowing that there are certain restrictions on disclosure of PHI. Provided, however, Business Associate may use and disclose PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities.
Business Associate shall in such cases:
(a) provide information and training to members of its workforce using or disclosing PHI regarding the confidentiality requirements of the HIPAA Rules and this Agreement;
(b) obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (a) the PHI will be held confidential and further used and disclosed only as Required by Law or for the purpose for which it was disclosed to the person or entity; and (b) the person or entity will notify Business Associate of any instances of which it is aware of a Breach in the confidentiality of the PHI; and
(c) agree to notify the designated Privacy Officer of City’s Police Department of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules.
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2. Data Aggregation. In the event that Business Associate works for more than one city or other fire department, Business Associate is permitted to use and disclose PHI for data aggregation purposes, however, only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules.
3. De-identified Information. Business Associate may use and disclose de-identified health information if written approval from the City’s Police Department is obtained, and the PHI is de-identified in compliance with the HIPAA Rules.
Moreover, Business Associate shall review and comply with the requirements defined under Section E. of this Agreement.
4. Safeguards.
(a) Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any paper or electronic PHI it creates, receives, maintains, or transmits on behalf of the City’s Police Department.
(b) Business Associate shall ensure that all PHI be secured when accessed by Business Associate’s employees, agents or subcontractor. Any access to PHI by Business Associate’s employees, agents or subcontractors shall be limited to legitimate business needs while working with PHI. Any personnel changes by Business Associate, eliminating the legitimate business needs for employees, agents or contractors access to PHI – either by revision of duties or termination – shall be immediately reported to City’s Police Department. Such reporting shall be made no later than the third business day after the personnel change becomes effective.
5. Minimum Necessary. Business Associate shall ensure that all uses and disclosures of PHI are subject to the principle of “minimum necessary use and disclosure,” i.e., that only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request is used or disclosed; and, the use of limited data sets when possible.
6. Disclosure to Agents and Subcontractors. If Business Associate discloses PHI received from City’s Police Department, or created or received by Business Associate on behalf of City’s Police Department, to agents, including a subcontractor, Business Associate shall require the agent or subcontractor to agree to the same restrictions and conditions as apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the paper or electronic PHI that it creates, receives, maintains, or transmits on behalf of the City’s Police Department. Business Associate shall be liable to City’s Police Department for any acts, failures or omissions of the agent or subcontractor in providing the DMH_Beverly Hills MOA 02182022 Page 5
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services as if they were Business Associate’s own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its agents or subcontractors will be specifically advised of, and will comply in all respects with, the terms of this Agreement.
7. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of City’s Police Department Business Associate agrees as follows:
(a) Individual Right to Copy or Inspection. Business Associate agrees that if it maintains a Designated Record Set for City’s Police Department that is not maintained by City’s Police Department, it will permit an Individual to inspect or copy
PHI about the Individual in that set as directed by City’s Police Department to meet the requirements of 45 C.F.R. § 164.524. If the PHI is in electronic format, the Individual shall have a right to obtain a copy of such information in electronic format and, if the Individual chooses, to direct that an electronic copy be transmitted directly to an entity or person designated by the individual in accordance with HITECH section 13405 (c). Under the Privacy Rule, City’s Police Department is required to take action on such requests as soon as possible, but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist City’s Police Department in meeting this deadline. The information shall be provided in the form or format requested if it is readily producible in such form or format; or in summary, if the Individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. If City’s Police Department maintains the requested records, City’s Police Department, rather than Business Associate shall permit access according to its policies and procedures implementing the Privacy Rule.
(b) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a Designated Record Set, to make amendments to PHI at the request and direction of City’s Police Department pursuant to 45 C.F.R. 164.526. If Business Associate maintains a record in a Designated Record Set that is not also maintained by City’s Police Department, Business Associate agrees that it will accommodate an
Individual’s request to amend PHI only in conjunction with a determination by City’s Police Department that the amendment is appropriate according to 45 C.F.R. § 164.526.
(c) Accounting of Disclosures. Business Associate agrees to maintain documentation of the information required to provide an accounting of disclosures of PHI, whether PHI is paper or electronic format, in accordance with 45 C.F.R. § 164.528 and HITECH Sub Title D Title VI Section 13405 (c), and to make this information available to City’s Police Department upon City’s Police Department’s request, in order to allow City’s Police Department to respond to an Individual’s request for DMH_Beverly Hills MOA 02182022 Page 6
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accounting of disclosures. Under the Privacy Rule, City’s Police Department is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist City’s Police Department in meeting this deadline but not later than 45 days following receipt of the request. Such accounting must be provided without cost to the individual or City’s Police Department if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including disclosures prior to the compliance date of the Privacy Rule) and shall be provided for as long as Business Associate maintains the PHI.
8. Internal Practices, Policies and Procedures. Except as otherwise specified herein, Business Associate shall make available its internal practices, policies and procedures relating to the use and disclosure of PHI, received from or on behalf of City’s Police Department to the Secretary or his or her agents for the purpose of determining City’s Police Department’s compliance with the HIPAA Rules, or any other health oversight agency, or to City’s Police Department. Records requested that are not protected by an applicable legal privilege will be made available in the time and manner specified by City’s Police Department or the Secretary.
9. Notice of Privacy Practices. Business Associate shall abide by the limitations of City’s Police Department’s Notice of which it has knowledge. Any use or disclosure permitted by this Agreement may be amended by changes to City’s Police Department’s Notice; provided, however, that the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to receiving notice of such amended Notice.
10. Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an Individual’s specific authorization for the use or disclosure of his or her PHI, and the Individual revokes such authorization, the effective date of such authorization has expired, or such authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration, or invalidity, cease the use and disclosure of the Individual’s PHI except to the extent it has relied on such use or disclosure, or if an exception under the Privacy Rule expressly applies.
11. Knowledge of HIPAA Rules. Business Associate agrees to review and understand the HIPAA Rules as it applies to Business Associate, and to comply with the applicable requirements of the HIPAA Rule, as well as any applicable amendments.
12. Information Breach Notification for PHI. Business Associate expressly recognizes that City’s Police Department has certain reporting and disclosure obligations to the Secretary and the Individual in case of a security Breach of unsecured PHI.
Where Business Associate accesses, maintains, retains, modifies, records, stores, DMH_Beverly Hills MOA 02182022 Page 7
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destroys, or otherwise holds, uses or discloses unsecured paper or electronic PHI, Business Associate immediately following the discovery of a Breach of such information, shall notify City’s Police Department of such Breach. Initial notification of the Breach does not need to be in compliance with Sub Title D Title IV Section 13402 of the HITECH Act; however, Business Associate must provide City’s Police Department with all information necessary for City’s Police Department to comply with Sub Title D Title IV Section 13402 of the HITECH Act without reasonable delay, and in no case later than 30 days following the discovery of the Breach.
Business Associate shall be liable for the costs associated with such Breach if caused by the Business Associate’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Business Associate’s agents, officers, employees or subcontractors.
13. Breach Notification to Individuals. Business Associate’s duty to notify City’s Police Department of any Breach does not permit Business Associate to notify those individuals whose PHI has been subject to Breach by Business Associate without the express written permission of City’s Police Department to do so. Any and all notification to those Individuals whose PHI has been breached shall be made under the direction, review and control of City’s Police Department. The Business Associate will notify the Privacy Officer via telephone with follow-up in writing to include; name of individuals whose PHI was subject to a Breach, information which was subject to the Breach, date of Breach, form of Breach, etc. The cost of the notification will be paid by the Business Associate.
14. Information Breach Notification for Other Sensitive Personal Information. In addition to the reporting under Section D.11, Business Associate shall notify City’s Police Department of any Breach of computerized sensitive personal information to ensure City Police Department’s compliance with the notification requirements of Title 11, Subtitle B, Chapter 521, Subchapter A, Section 521.053, Texas Business & Commerce Code. Accordingly, Business Associate shall be liable for all costs associated with any Breach caused by Business Associate’s negligent or willful acts or omissions, or those negligent or willful acts or omissions of Business Associate’s agents, officers, employees or subcontractors.
E. Permitted Uses and Disclosures by Business Associates. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, City as specified in this Business Associates Agreement or in a Master Services Agreement, provided that such use or disclosure would not violate the HIPAA Rules if done by City or the minimum necessary policies and procedures of City. Also, Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with the HIPAA Rules.
1. Use. Business Associate will not, and will ensure that its directors, officers, employees, contractors and other agents do not, use PHI other than as permitted or required by Business Associate to perform the Services or as Required by Law, but in no event in any manner that would constitute a violation of the Privacy Rule standards or Security Rule standards if used by City.
2. Disclosure. Business Associate will not, and will ensure that its directors, officers, employees, contractors, and other agents do not, disclose PHI other than as permitted DMH_Beverly Hills MOA 02182022 Page 8
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pursuant to this arrangement or as Required by Law, but in no event disclose PHI in any manner that would constitute a violation of the Privacy Rule standards or Security Rule standards if disclosed by City.
3. Business Associate acknowledges and agrees that City owns all right, title, and interest in and to all PHI, and that such right, title, and interest will be vested in City. Neither Business Associate nor any of its employees, agents, consultants or assigns will have any rights in any of the PHI, except as expressly set forth above. Business Associate represents, warrants, and covenants that it will not compile and/or distribute analyses to third parties using any PHI without City’s express written consent.
F. Application of Security and Privacy Provisions to Business Associate.
1. Security Measures. Sections 164.308, 164.310, 164.312 and 164.316 of Title 45 of the Code of Federal Regulations dealing with the administrative, physical and technical safeguards as well as policies, procedures and documentation requirements that apply to City’s Police Department shall in the same manner apply to Business Associate.
Any additional security requirements contained in Sub Title D of Title IV of the HITECH Act that apply to City’s Police Department shall also apply to Business Associate.
Pursuant to the foregoing requirements in this section, the Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the paper or electronic PHI that it creates, has access to, or transmits. Business Associate will also ensure that any agent, including a subcontractor, to whom it provides such information, agrees to implement reasonable and appropriate safeguards to protect such information. Business Associate will ensure that PHI contained in portable devices or removable media is encrypted.
2. Annual Guidance. For the first year beginning after the date of the enactment of the HITECH Act and annually thereafter, the Secretary shall annually issue guidance on the most effective and appropriate technical safeguards for use in carrying out the sections referred to in subsection (a) and the security standards in subpart C of part 164 of title 45, Code of Federal Regulations. Business Associate shall, at their own cost and effort, monitor the issuance of such guidance and comply accordingly.
3. Privacy Provisions. The enhanced HIPAA privacy requirements including but not necessarily limited to accounting for certain PHI disclosures for treatment, restrictions on the sale of PHI, restrictions on marketing and fundraising communications, payment and health care operations contained Subtitle D of the HITECH Act that apply to the City’s Police Department shall equally apply to the Business Associate.
4. Application of Civil and Criminal Penalties. If Business Associate violates any security or privacy provision specified in subparagraphs (1) and (2) above, sections 1176 and 1177 of the Social Security Act (42 U.S.C. 1320d-5, 1320d-5) shall apply to Business Associate with respect to such violation in the same manner that such sections apply to City’s Police Department if it violates such provisions.
G. Term and Termination.
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1. Term. This Agreement shall be effective as of the Effective Date and shall be terminated when all PHI provided to Business Associate by City’s Police Department, or created or received by Business Associate on behalf of City’s Police Department, is destroyed or returned to City’s Police Department.
2. Termination for Cause. Upon City’s Police Department’s knowledge of a material breach of the Agreement by Business Associate, City’s Police Department shall either:
a. Provide an opportunity for Business Associate to cure the breach of the Agreement or end the violation and terminate this Agreement, whether it is in the form of a standalone agreement or an addendum to a Master Services Agreement, if Business Associate does not cure the breach of the Agreement or end the violation within the time specified by City’s Police Department; or
b. Immediately terminate this Agreement whether it is in the form of a standalone agreement of an addendum to a Master Services Agreement if Business Associate has breached a material term of this Agreement and cure is not possible.
3. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate agrees to return or destroy all PHI received from City’s Police Department, or created or received by Business Associate on behalf of City’s Police Department, maintained by Business Associate in any form. If Business Associate determines that the return or destruction of PHI is not feasible, Business Associate shall inform City’s Police Department in writing of the reason thereof, and shall agree to extend the protections of this Agreement to such PHI and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI not feasible for so long as Business Associate retains the PHI.
H. Miscellaneous.
1. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify, defend and hold harmless City, its City Council and each member thereof from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney’s fees, defense costs, and equitable relief), for any damage or loss incurred by City arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate’s or its agents’ duties under this Agreement. This indemnity shall apply even if City is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds City not to be solely or jointly negligent or otherwise solely or jointly at fault.
This indemnity shall not be construed to limit City’s rights, if any, to common law indemnity.
(a) City shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. City shall provide Business Associate with timely notice of the existence of such proceedings and such information, DMH_Beverly Hills MOA 02182022 Page 10
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documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action.
(b) These indemnities shall survive termination of this Agreement, and City reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing.
2. Mitigation. If Business Associate violates this Agreement or either of the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach.
3. Rights of Proprietary Information. City retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate.
4. Survival. The respective rights and obligations of Business Associate under Section E.3 of this Agreement shall survive the termination of this Agreement.
5. Notices. Any notices pertaining to this Agreement shall be given in writing and shall be deemed duly given when personally delivered to a Party or a Party's authorized representative as listed below or sent by means of a reputable overnight carrier, or sent by means of certified mail, return receipt requested, postage prepaid. A notice sent by certified mail shall be deemed given on the date of receipt or refusal of receipt.
All notices shall be addressed to the appropriate Party as follows:
If to City:
City’s Police Department
455 North Rexford Drive
Beverly Hills CA 90210
Attn: _______________________
If to Business Associate:
______________________________
______________________________
______________________________
Attn: _________________________
Phone Number: ________________
6. Amendments. This Agreement may not be changed or modified in any manner except by an instrument in writing signed by a duly authorized officer of each of the Parties hereto. The Parties, however, agree to amend this Agreement from time to time as necessary, in order to allow City to comply with the requirements of the HIPAA Rules.
7. Choice of Law. This Agreement and the rights and the obligations of the Parties hereunder shall be governed by and construed under the laws of the State of California, without regard to applicable conflict of laws principles.
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8. Assignment of Rights and Delegation of Duties. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and permitted assigns. However, neither Party may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding any provisions to the contrary, however, City retains the right to assign or delegate any of its rights or obligations hereunder to any of its wholly owned subsidiaries, affiliates or successor companies. Assignments made in violation of this provision are null and void.
9. Nature of Agreement. Nothing in this Agreement shall be construed to create (i) a partnership, joint venture or other joint business relationship between the Parties or any of their affiliates, (ii) any fiduciary duty owed by one Party to another Party or any of its affiliates, or (iii) a relationship of employer and employee between the Parties.
10. No Waiver. Failure or delay on the part of either Party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. No provision of this Agreement may be waived by either Party except by a writing signed by an authorized representative of the Party making the waiver.
11. Equitable Relief. Any disclosure of misappropriation of PHI by Business Associate in violation of this Agreement will cause City irreparable harm, the amount of which may be difficult to ascertain. Business Associate therefore agrees that City shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining Business Associate from any such further disclosure or Breach, and for such other relief as City shall deem appropriate. Such rights are in addition to any other remedies available to City at law or in equity. Business Associate expressly waives the defense that a remedy in damages will be adequate, and further waives any requirement in an action for specific performance or injunction for the posting of a bond by City.
12. Severability. The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect as though such illegal, invalid or unenforceable provision had not been contained herein.
13. No Third Party Beneficiaries. Nothing in this Agreement shall be considered or construed as conferring any right or benefit on a person not party to this Agreement nor imposing any obligations on either Party hereto to persons not a party to this Agreement.
14. Headings. The descriptive headings of the articles, sections, subsections, exhibits and schedules of this Agreement are inserted for convenience only, do not constitute a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
15. Entire Agreement. This Agreement, together with all Exhibits, Riders and amendments, if applicable, which are fully completed and signed by authorized persons on behalf of both Parties from time to time while this Agreement is in effect, DMH_Beverly Hills MOA 02182022 Page 12
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constitutes the entire Agreement between the Parties hereto with respect to the subject matter hereof and supersedes all previous written or oral understandings, agreements, negotiations, commitments, and any other writing and communication by or between the Parties with respect to the subject matter hereof. In the event of any inconsistencies between any provisions of this Agreement in any provisions of the Exhibits, Riders, or amendments, the provisions of this Agreement shall control.
16. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits City to comply with the HIPAA Rules and any applicable state confidentiality laws. The provisions of this Agreement shall prevail over the provisions of any other agreement that exists between the Parties that may conflict with, or appear inconsistent with, any provision of this Agreement or the HIPAA Rules.
17. Regulatory References. A citation in this Agreement to the Code of Federal Regulations shall mean the cited section as that section may be amended from time to time.
Agreed to:
BUSINESS ASSOCIATE CITY OF BEVERLY HILLS
By:____________________________ By: _______________________
Name: ______________________ Name: MARK STAINBROOK
Title: ____________________ Title: Chief of Police_________________ Date:___________________________ Date:___________________________