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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE / COUNCIL
WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, March 14, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright, Bill Zoslocki * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.
If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 1 -
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Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide - 2 -
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public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.
PUBLIC COMMENTS
Please refer to special public comment instructions above.
Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act - 3 -
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(“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
1. Consider approving an Agreement for the purchase of retired City Police canine, Cash, by Sergeant Kalani Souza, and forwarding to Council for approval. (Funding Source:
General Fund)
POLICE DEPARTMENT; Brian Kleiber, 209-572-9533, [email protected]
UNFINISHED BUSINESS
2. Consider approving two additional Outreach Specialist allocations for the Community Health and Assistant Team (CHAT), and approving a First Amendment to County/City agency Memorandum of Understanding” between the County of Stanislaus and the Modesto Police Department (MPD), for the County to provide two mental health clinicians or behavioral health specialists to ride with crisis intervention trained police officers and respond to mental health calls for service in the City of Modesto; for a total amount not to exceed $800,000 to support both programs. (Funding Source:
American Rescue Plan Act)
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9501,
[email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 14, 2022
Date: February 16, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Retirement of Canine Cash and Purchase of Retired City of Modesto Police Canine Cash by Sergeant Kalani Souza
CONTACT: Brian Kleiber, Lieutenant, [email protected], 572-9533 DESCRIPTION:
Consider approving an Agreement for the purchase of retired City Police canine, Cash, by Sergeant Kalani Souza, and forwarding to Council for approval. (Funding Source: General Fund Revenue)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
Canine Cash has served with the Modesto Police Department for eight years and ten months. Cash was born in the Netherlands and will turn 11-years-old on May 27, 2022.
Canine Cash was handled by former Police Officer Tyler Caldwell. Cash has had a distinguished career as a police service dog and is a valued member of the Modesto Police Department and community.
DISCUSSION:
Cash has reached an age where his health has begun to decline and his ability to do police work at an acceptable level is questionable. As a result, Cash has been removed from active service with the Modesto Police Department, and the Commander of the Canine Unit recommends Cash’s retirement from service. Sergeant Kalani Souza wishes to retain ownership of the above referenced dog, and the City wishes to divest itself of both ownership and vicarious or direct liability for the subject dog. #1..
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Safety & Communities Agenda, March 14, 2022
Purchase of Retired City of Modesto Police Canine
by Sergeant Kalani Souza
FISCAL IMPACT:
If Council approves, Sergeant Kalani Souza will purchase the canine for $1, per Resolution No. 99-370.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Modesto Police Department Canine Transfer Contract – Sergeant Kalani Souza #1..
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1 MODESTO POLICE DEPARTMENT CANINE TRANSFER CONTRACT
This AGREEMENT made and entered into in the City of Modesto, State of California, this 5th day of April 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and Kalani Souza, Police Sergeant for the Modesto Police Department, hereinafter referred to as “PURCHASER”. The CITY and the PURCHASER shall collectively be referred to as the “PARTIES”.
Facts:
Canine “Cash” has been with the Modesto Police Department since 2014. “Cash” has served the city for almost 9 years. “Cash” was born in the Netherlands and will turn 11 years old on May 27, 2022. “Cash” has had a distinguished career as a police service dog. “Cash” has reached an age where his health has begun to decline. His ability to continue to do police work at an acceptable level is questionable. It would be inhumane to continue working “Cash” as a working police dog when his age and health make it difficult for him as a result canine “Cash” has been removed from active service with the Modesto Police Department, Canine Unit.
It is the City’s recommendation that canine “Cash” be retired from service.
This AGREEMENT is made with regard to the following recitals:
A. PURCHASER wishes to assume ownership and take possession of that certain retired City of Modesto police canine named “Cash”.
B. PURCHASER wishes to take ownership of the above-referenced dog, and the CITY wishes to divest itself of both ownership and vicarious or direct liability for the subject dog.
C. CITY does hereby agree to relinquish all of its right, title and ownership interest in said canine named “Cash” whatsoever, effective upon PURCHASER’s execution and return of this document and payment of the sum of one and no/100ths dollars ($1.00) to the City of #1..
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2 Modesto.
NOW, THEREFORE, in consideration of the matters contained in this AGREEMENT, it is mutually agreed as follows:
1. PURCHASER does agree to assume ownership of the Modesto police canine named “Cash”, and to assume any and all risks, including, but not limited to, risk of injury or death to third persons, and to hold CITY, its Police Department, and its agents, officers, employees, and/or volunteers harmless from and save, defend and indemnify them against any and all liabilities, claims, losses, judgments, or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of PURCHASER relating to any acts of the subject police canine named “Cash” after the date ownership of the canine is transferred pursuant to this AGREEMENT. That date of ownership is hereby fixed by agreement by and among the PARTIES hereto as being April 5, 2022.
2. PURCHASER further agrees to assume all liability for risks and dangers relating to his/her ownership of the subject police canine named “Cash” on and after the aforementioned date, and to indemnify and hold CITY harmless in the event that any legal or administrative action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the subject police canine on or after the date ownership is transferred. These hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses, liabilities, charges (including reasonable attorney fees and court costs), and any other expenses whatsoever which may arise in any manner after the PURCHASER’S assumption of ownership on the date of ownership identified herein.
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3 3. PUCHASER acknowledges that he/she has read the foregoing AGREEMENT and understands that it is contractual in nature and understands each of its provisions.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has caused this Agreement to be executed in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-________ adopted by the City Council of the City of Modesto on the 5th day of April, 2022.
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1 https://calbudgetcenter.org/resources/californians-and-mental-health-what-we-know-about-poverty-and-race/ 2 https://www.latimes.com/california/story/2019-10-07/homeless-population-mental-illness-disability
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 14, 2022
Date: March 3, 2021
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Alternative Response Programs
CONTACT: Brandon Gillespie, Chief of Police, [email protected], 209.572.9501 DESCRIPTION:
Consider approving two additional Outreach Specialist allocations for the Community Health and Assistant Team (CHAT), and approving a First Amendment to County/City agency Memorandum of Understanding” between the County of Stanislaus and the Modesto Police Department (MPD), for the County to provide two mental health clinicians or behavioral health specialists to ride with crisis intervention trained police officers and respond to mental health calls for service in the City of Modesto; for a total amount not to exceed $800,000 to support both programs. (Funding Source: American Rescue Plan Act) STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
Modesto police officers respond to a variety of calls for service 24 hours a day, seven days a week, including calls relating to homelessness, substance abuse, and/or mental health emergencies. According to data from the California Budget and Policy Center, nearly 1 in 6 adults in California experience a mental illness of some kind, 1 in 24 have a serious mental illness that effects major life activities, and 1 in 13 children have an emotional disturbance that affects their daily activities1. Additionally, analysis by the Los Angeles Times in 2019 found 67% of homeless individuals (in Los Angeles) had a mental illness or substance abuse disorder2.
With limited outreach services for those experiencing homelessness, and the deinstitutionalization of individuals with severe mental illness, police officers are often #2..
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Alternative Response Programs
the first ones to be called to contact these individuals when they are in crisis. Even though behavioral health calls for service have been occurring for decades, they have recently began receiving national media coverage due to the proliferation of cell phones, body worn cameras, and social media platforms. Some of these encounters have resulted in tragic outcomes and have sparked robust conversations across the nation regarding the entire behavioral healthcare system, alternative response options, police training, and de-escalation.
DISCUSSION:
In 2020, the Modesto Police Department identified approximately 19,000 calls for service involving quality of life related crimes (often homelessness related) and calls for service containing behavioral health related keywords. This represents 11.1% of the total calls for service received by the Modesto Police Department. Of the 19,000 calls for service, nearly 7,000 (4%) contained keywords indicating a potential officer safety/public safety concern associated with the call. The additional 12,000 calls for service (7.1%) did not contain any safety related keywords, indicating there were no known safety concerns associated with the call.
In 2021, in an effort to use an alternative means to police officers responding to homeless and behavioral health/substance abuse related calls for service that had no safety concerns, the Modesto Police Department created the Community Health and Engagement Team (CHAT). This team consists of four civilian outreach specialists who have extensive experience in working with individuals experiencing homelessness, as well as those suffering from behavioral health and/or substance abuse issues.
A primary goal of CHAT is to handle calls for service that do not require a sworn officer to respond, and be the first contact at as many behavioral health, homeless, and quality of life related calls for service as possible. This response model thereby frees up police officers to handle calls for service that require a sworn officer and utilizes specialists who have more training and time to handle these types of calls for service. Early results from CHAT show positive progress with over 4,500 homeless contacts made where service and support options were provided, and 127 calls for service diverted away from a police response and handled solely by CHAT. The analysis of this data shows additional CHAT specialists would further the effectiveness of this unit and the Modesto Police Department is seeking authorization to allocate two additional Outreach Specialist positions to CHAT.
CHAT is currently funded through a Housing and Urban Development (HUD) emergency solutions grant and must focus on the homeless population. These two additional allocations would be funded through American Rescue Plan Act of 2021 (ARPA) funds, allowing CHAT to expand its response to behavioral health related calls beyond the homeless population.
The Modesto Police Department is also seeking approval for a First Amendment to County/City agency Memorandum of Understanding between the County of Stanislaus through its department of Behavioral Health and Recovery Services (County) and the Modesto Police Department (MPD), for the County to provide two Mental Health Clinicians (MHC) and/or Behavioral Health Specialists (BHS) to ride with crisis intervention trained MPD police officers, and respond to behavioral health calls for #2..
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Alternative Response Programs
service in a co-responder model. BHRS will prioritize the deployment of MHCs but may underfill at times with specially trained BHS staff to ensure continuity of services – invoicing will be according to which level of staff is utilized. This co-responder model, locally called the Mobile Crisis Emergency Response Team (MCERT), was previously used in Modesto until approximately 2017 when various staffing and funding issues halted its continuation. MPD has maintained an MOU with BHRS to provide crisis response support in limited situations. The identified ARPA funding allows for the reinstitution of this important partnership, with the City reimbursing the County for the costs of two full-time Mental Health Clinicians and/or Behavioral Health Specialists and will extend the term of the existing MOU to June 30, 2023.
A primary goal of the MCERT teams would be to respond to the estimated 7,000 behavioral health related calls for service that do have safety concerns and would not be appropriate for a CHAT response. The aim of this co-responder team model is to improve the experiences and outcomes of persons in crisis by providing effective crisis de-escalation, diversion from the criminal justice system, and connection to appropriate behavioral health services.
Together, the CHAT expansion and amending the MCERT MOU fulfill the intention of “mental health support program” under the Quality of Life theme of the Modesto Forward Pandemic Recovery Strategy which was adopted on May 25, 2021 by Resolution No. 2021-194.
FISCAL IMPACT:
As approved in the Modesto Forward Pandemic Recovery Strategy (Reso No. 2021-194) there is $800,000 allocated for a mental health support program. Below is a breakdown of how these funds will be used to fund both programs – CHAT will be funded for two years and MCERT will be funded for one year.
CHAT Expansion Year 1 (FY 22-23) Year 2 (FY 23-24)
Outreach Specialist Allocations (2) $165,540 $177,128
Materials & Supplies $13,653 $4,376
Vehicle $49,000 n/a
CHAT Sub-Total: $228,193 $181,504
MCERT Program Year 1 (FY 22-23) Year 2 (FY 23-24)
2 Mental Health Clinicians/Behavioral Health
Specialists
$304,740 $0
Materials & Supplies $15,786 $0
Indirect Rate (21.77% $69,777 $0
MCERT Sub-Total: $390,303 $0
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
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Attachments:
1. First Amendment to County/City agency Memorandum of Understanding #2..
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MPD – M-CERT
AMEND 1
FY 21.22
FIRST AMENDMENT
TO COUNTY/CITY AGENCY MEMORANDUM OF UNDERSTANDING
This Amendment for County/City Agency Memorandum of Understanding (the “Agreement”) is made and entered into by and between the County of Stanislaus through its department of Behavioral Health and Recovery Services ("County") and Modesto City Police Department (“MPD”) effective the date of the last signature, for and in consideration of the premises, and the mutual promises, covenants, terms, and conditions hereinafter contained.
Recitals
WHEREAS, the Mental Health Services Act (MHSA), as set forth in California Welfare and Institutions Code section 5830(a)(3) provides that county mental health plans shall promote interagency collaboration; and
WHEREAS, MPD proposed a partnership with County that would pair trained behavioral health clinical staff with police officers in the field to respond to sub-acute mental health situations; and
WHEREAS, MPD police officers trained in Critical Incident Training perform 5150 evaluations, assist in disposition of 5150 evaluations, including transportation; WHEREAS, due to a funding opportunity, MPD has approved the addition of two (2) mental health clinicians or behavioral health specialists; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions hereinafter contained, the Agreement is hereby amended to add funding in the amount of $390,303. This Amendment is incorporated into the Agreement as follows:
I. Under Terms and Conditions, Sections 1 – 10 are deleted in their entirely and replaced with the following:
1. SCOPE OF SERVICES
1.1. Given the circumstances present in a given situation, MPD police officers trained in Critical Incident Training will endeavor to provide safety for MCERT members;
1.2. MPD police officers trained in Critical Incident Training will provide information on subjects and situations in which COUNTY BHRS M-CERT staff may find helpful, as allowed by law; and,
1.3. MPD police officers trained in Critical Incident Training will provide consultation and training on police/public safety issues/practices to COUNTY as provided to other non-sworn personnel who frequently accompany sworn officers in patrol operations. (i.e. Police Chaplains, Police Psychologists, etc.). Typically, this training will be approximately 8 #2..
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AMEND 1
FY 21.22
hours and will consist of a visit to SR911 and a visit to the department range to discuss gun safety.
1.4. COUNTY shall make the following contributions to ensure the success of this collaboration:
1.4.1. Provide two (2) behavioral health clinical staff to perform designated M-CERT roles and responsibilities under the
supervision of one working M-CERT Coordinator.
1.4.2. Provide clinical and administrative supervision for M-CERT clinical staff;
1.4.3. Provide all non-safety related equipment and supplies required by COUNTY BHRS M-CERT staff to perform their designated roles and responsibilities; and,
1.4.4. Designate a liaison with responsibility for monitoring M-CERT implementation and to assist with resolution of problems encountered in the operation of M-CERT.
1.5. MPD shall make the following contributions to ensure the success of this collaboration:
1.5.1. Provide sworn peace officers trained in Critical Incident Training to perform M-CERT roles and responsibilities;
1.5.2. Provide supervision for MPD staff/employees, including in-the-field supervision;
1.5.3. Provide all equipment and supplies needed for officers to perform their roles and responsibilities in the M-CERT roles;
1.5.4. Designate a liaison with responsibility for monitoring M-CERT implementation and to assist with resolution of problems encountered in the operation of M-CERT;
1.5.5. Provide safety equipment, specifically, a fitted ballistic vest, and fitted ballistic helmet, for all M-CERT personnel, clinicians and registered staff in the field; and,
1.5.6. Provide a police vehicle used for the mobile teams’ operations.
1.5.7. MPD officers will respond to the COUNTY facility located at 1904 Richland Ave to meet the M-CERT clinician to complete an 8-hour shift Monday-Friday.
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MPD – M-CERT
AMEND 1
FY 21.22
2. COMPENSATION
2.1 The maximum amount of this Agreement shall not exceed $390,303.
2.2 This is a cost reimbursement Agreement.
2.3 MPD shall reimburse COUNTY for the actual salary and benefits of 2.0 FTE Mental Health Clinicians or Behavioral Health Specialists, operational costs, and an indirect cost rate equal to the COUNTY current year Indirect Cost Rate Memo.
2.4 COUNTY shall apply any revenue generated from billing services to Medi-Cal prior to invoicing MPD.
3. INVOICES
3.1 COUNTY shall submit invoices, in an MPD specified format, within twenty (20) days following the end of service month.
3.2 Invoices will be submitted to:
Modesto Police Department
Attention: Jessica Smart
Address: 600 10th Street Modesto, CA 95354
Phone Number: (209) 572-9518
Email: [email protected]
4. PAYMENTS
MPD shall pay, on or before the thirtieth (30th) day of each month following the month of invoice receipt, the sum of money claimed by the approved invoice (less any credit due MPD for adjustments of current or prior invoices).
5. TERM
5.1 These services shall commence on July 1, 2021 and continue through June 30, 2023.
5.2 Either party may terminate this agreement by giving thirty (30) calendar days written notice to the other party.
6. INDEMNIFICATION
Each of the parties hereto shall defend, indemnify, and hold each other, their officers, employees, and agents harmless from any and all liability, loss, expense, attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the #2..
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AMEND 1
FY 21.22
other party, its officers, agents, volunteers, or employees.
7. CONFIDENTIALITY
7.1 All parties to this Agreement acknowledge that information regarding the clients from each agency is confidential and all parties agree that information shared among the parties shall not be re-disclosed, contrary to law. All parties agree to keep confidential all information obtained or learned during the course of furnishing services under this Agreement and to not disclose or reveal such information for any purpose not directly connected with the matter for which services are provided. All parties shall comply with all laws including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations privacy rules and security standards, applicable to that agency.
7.2 Patient related records shall be considered confidential in accordance with California Welfare and Institutions Code, Section 5328 and 42 CFR, Part 2. Such records shall be disclosed only in accordance with all applicable State and Federal laws and regulations, including those relating to the confidentiality of medical records, patient consents to release information, and the psychotherapist-patient privilege.
7.3 MPD shall comply with all laws, policies, and procedures pertaining to public records, including the “Public Records Act.”
8. RELATIONSHIP OF PARTIES
This is an Agreement by and between independent contractors and is not intended to, and shall not be construed to be, nor create the relationship of agent, servant, employee, partnership, joint venture, or any other similar association.
9. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this MOU is amended during the term hereof, the parties agree to comply with the amended provisions as of the effective date of such amendment.
10. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by County and MPD and no other understanding, oral or otherwise, regarding the Agreement, shall be deemed to exist or to bind any of the parties to this Agreement.
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AMEND 1
FY 21.22
11. AMENDMENT
This Agreement may be modified, amended, changed, added to, or subtracted from by mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
12. DUPLICATE COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
II. All other terms and conditions of said Agreement shall remain in full force and effect. (SIGNATURES SET FORTH ON FOLLOWING PAGE)
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MPD – M-CERT
AMEND 1
FY 21.22
IN WITNESS WHEREOF, the parties have executed this Amendment on the date(s) shown below.
COUNTY OF STANISAUS
BEHAVIORAL HEALTH AND
RECOVERY SERVICES
___________________________________
Ruben Imperial, MBA Date
Director
APPROVED AS TO FORM
Thomas E. Boze, County Counsel
Marc Hartley
Deputy County Counsel
CITY OF MODESTO
___________________________________
Joseph P. Lopez Date
City Manager for the City of Modesto
APPROVED AS TO CONTENT:
Jose Sanchez Date
City Attorney for the City of Modesto
BOS Item #:_____________________________ Date:________________________________ #2..
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