MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF MERCED
AND
MERCED COUNTY
CONTRACT NO. ____ _
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by and between the City of Merced (hereinafter referred to as "City") and Merced County, on behalf of its Probation Department (herein after referred to as "PD").
1. PURPOSE
The purpose of this MOU is to establish the agreements for partnership and collaboration between the City and PD for the Pathways to Success Program. This program will use a multiagency collaborative approach to work with youth and their families needing different levels of care, services, and support. Pathways to Success Program will offer wrap around reentry support to youth returning out of camp commitments and will focus on supportive services and evidence-based programing to at-risk and probation involved youths and their families.
2. SCOPE OF SERVICES
Responsibilities of City:
1. Will support the program through regular meetings utilizing City Peer Support Specialists and administrative staff.
2. City administrative staff will provide quarterly reports to the board of State and Community Corrections (BSCC) and the Peer Support Specialists will monitor participants' progress and for continued collaboration to adjust objectives and goals set for a successful reintegration.
3. Peer Support Specialists will also promote protective factors by co-locating appropriate services, support, and opportunities in an underserved and high-crime-high-risk neighborhood.
4. The Peer Support Specialists will engage youth and families before and after interacting with law enforcement. At-risk behaviors include:
• School and home issues
• Chronic truancy and absenteeism
• School violence
• Expulsions or suspensions
• Gang involvement
• Behaviors that demonstrate at-risk juvenile delinquency 1 5. Risk, protective factors, and need will be determined by The Positive Change Tool (PACT) or Residential Positive Achievement Change Tool (R PACT) administered by Probation. Youth who are at risk and have not yet interacted with law enforcement will be referred by school resource officers employed by the city. Youth currently on probation will be referred by PD.
Responsibilities of PD:
1. Provide workspace, and office equipment to include computers, phones, scanners, workstations, supplies. Those City employees utilizing PD computers will be required to complete PD's Information Technology Acceptable Use Policy. See Exhibit A.
2. Refer appropriate clients to City.
3. Probation Program Specialist will work collaboratively with City staff to perform essential functions of Pathways to Success youth program.
3. TERM
The term of this MOU shall commence upon the date of the ratifying signature below and continue until the 31 51 day of December 2025 unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE" or "CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING", as set forth elsewhere in this MOU.
4. MODIFICATION OF THE MOU
Notwithstanding any of the provisions of this MOU, the parties may agree to amend this MOU. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
5. INSURANCE
The parties shall maintain, at their own expense, Commercial General Liability (CGL) insurance, Professional Liability Insurance, Cyber Liability Insurance, Automobile Liability Insurance, and Workers Compensation Insurance in such forms and amounts sufficient to cover claims arising from the duties and responsibilities under this MOU.
Each Party shall provide the other certificates of insurance upon request. Each Party and its officers, employees, and agents shall be endorsed to the other's CGL policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as for CG2026, as to liability arising from the performance of this MOU.
2 6. GOVERNMENTAL IMMUNITY
City and PD are governmental entities with immunities from claims for personal and property damages when acting within the scope of their authority and purpose.
Each party specifically retains these immunities in regard to claims by third parties.
7. CULTURAL COMPETENCY
"Cultural Competence" means a set of congruent practice skills, behaviors, attitudes, and policies in a system, agency or among those persons providing services that enables that system, agency or those persons providing services to work effectively in cross-cultural situations. Participating agencies shall use professional skills, behaviors, attitudes and policies in their systems that ensure the system, or those being seen in the system, will work effectively in a cross cultural environment.
8. CONFIDENTIALITY
Each party shall comply with applicable laws and regulations, including but not limited to, California W&I Code section 5328; 42 C.F.R. Part 2, 45 C.F.R. Parts 160 and 164, and the HITECH Act in 42 C.F.R., Chapter 156, regarding the confidentiality of clienUconsumer information.
Neither party shall use personally identifying information (PII) for any purpose other than carrying out obligations under this MOU. The parties shall accept and follow appropriate procedures established in compliance with statutes, ordinances and judicial interpretations which protect the PD and City records of clients/consumers directed to their care, whether adult or juvenile.
Neither party shall disclose, except as otherwise specifically permitted by this MOU or authorized by the client/consumer any PII to anyone other than the State without prior written authorization from the State in accordance with State and Federal laws. For the purposes of this section, Pit will include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual.
Each party shall comply with the provisions of Public Law 104-191, otherwise known as the health insurance Portability and Accountability Act of 1996 (HIPAA).
9. NOTICES
All notices, requests, demands, or other communications concerning this MOU shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
3 B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed by certified mail, a return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery if delivery is confirmed by the delivery service.
Information for notice to the parties to this MOU at the time of endorsement of this MOU is as follows:
County of Merced c/o
Merced County Probation
ATTN: Contracts Division
1880 Wardrobe Avenue
Merced, CA 95341
Phone: (209) 385-7494
[email protected]
City of Merced
City Manager
Attn: Stephanie Dietz
678 W. 18th Street
Merced, CA 95340
Phone: (209) 388-8670
[email protected]
Any party may change its address or electronic addresses by giving the other party notice of the change in any manner permitted by this MOU.
10. RECORDS, INFORMATION AND REPORTS
Each party in relation to their participation shall maintain full and accurate records with respect to all participants in Pathways to Success Program under this MOU.
To the extent permitted by law, the parties shall have controlled access at proper times or until the expiration of five (5) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
11. LOSSES AND DAMAGES
PD will not be responsible for losses or damage to personal property, equipment or material of City and all damages to the premises shall be reported to PD immediately upon discovery.
12. TERMINATION FOR CONVENIENCE
This MOU, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by either party at any time without cause or legal 4 excuse by providing the other party with thirty (30) calendar days written notice of such termination.
13. CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING The services provided to the City, pursuant to this MOU, are based on the City's continued receipt of local, state and/or federal funding for this purpose. In the event that funding is terminated, in whole on in part, for any reason, this MOU and all obligations of PD arising from this MOU shall be immediately discharged. City agrees to inform PD no later than ten (10) calendar days after receiving notification that funding will be terminated and the final date for which funding will be available.
Signature page to follow
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