DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SANTA CLARA AND THE
COUNTY OF SANTA CLARA
REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
WHEREAS, the mission of the City of Santa Clara (hereinafter “CITY”) is to provide quality public services, facilities and opportunities that create, sustain, and enhance a safe, livable, and vibrant community for its diverse residents, businesses, and visitors. The CITY’s Santa Clara Police Department (hereinafter “SCPD”) is a progressive and professional organization dedicated to maintaining community partnerships which promote a high quality of life for the City’s diverse population; and
WHEREAS, the mission of the County of Santa Clara (hereina fter “COUNTY”) is to plan for the needs of a dynamic community, provide quality services, and promote a healthy, safe, and prosperous community for all; and
WHEREAS, COUNTY and CITY seek to collaborate to increase public safety and reduce recidivism among high risk people with mental illnesses and co-occurring mental illness and substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health Collaboration Program (or “PERT Program”); and
WHEREAS, the partners listed above have agreed to enter into a collaborative agreement in which CITY and COUNTY Behavioral Health Services Department (hereinafter “BHSD”) will be partners on this collaborative effort to combine the unique resources, skills, experience, and training of personnel from two different professions (law enforcement and mental health services) to provide the best possible response to situations involving persons with mental illness; and
WHEREAS, the partners herein desire to enter into a Memorandum of Understanding (hereinafter "MOU") setting forth the roles, responsibilities, and services to be provided by the PERT Program; and
WHEREAS, the agencies recognize the need for cross-system collaboration to improve responses and outcomes for individuals with mental illnesses and substance abuse who come into contact with the justice system; and
WHEREAS, the partners recognize the need to increase public safety and to provide rapid intervention to a person in mental health crisis by de-escalating the situation and helping to stabilize the person in the least restrictive way possible, and then striving to get that person the help they need; and
WHEREAS, the partners are committed to providing services to those in need regardless of their ethnicity, gender, gender identity, sexual orientation, origin, religious or political beliefs, and/or creed;
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
ARTICLE 1
TERM; EXTENSIONS; TERMINATION
1.1 Term of Agreement. The initial term of this MOU is from the date the MOU is executed by both parties to December 31, 2023, or until the CITY’s available appropriation in the amount of $180,000 is exhausted, whichever occurs first.
1.2 Extension. This MOU may be extended should this pilot program be successful, the CITY and/or COUNTY identifies funding, and upon a written amendment of this MOU signed by both Parties. Extension of this MOU shall be contingent on COUNTY’s review of the use, need, and value of the PERT Program and COUNTY’s budget to ensure that the Behavioral Health Services Department (BHSD) PERT clinician(s) can be continued for each successive term.
1.3 Termination without Cause. Any Party may terminate this MOU without cause by providing sixty (60) day written notice.
ARTICLE 2
SCOPE OF SERVICES
2.1 The COUNTY shall provide the following for the PERT Program:
a. Participate in proactive responses for high-risk individuals with mental illness in conjunction with the SCPD PERT officer(s);
b. Develop and modify protocols for PERT Program response and information sharing policies and procedures, as necessary;
c. Identify one (1) full time BHSD clinician (hereinafter “BHSD PERT Clinician), who must be licensed to provide mental health services by appropriate State of California licensing authorities and must participate in a CITY background investigation and fingerprinting, prior to beginning work with the CITY.
d. Assign the identified BHSD PERT Clinician to work with the SCPD PERT officer(s) to perform the following tasks:
1) Conduct mental health evaluations, assessments, and crisis screening, for persons with serious mental illnesses including clients who are frequent users of emergency psychiatrist services, dual diagnosed clients and clients who are mentally ill; 2) Assist in determining the appropriate disposition supporting individuals’ needs and safety;
3) Consult with SCPD PERT officer(s) regarding disposition of individuals and law enforcement issues;
4) Maintain knowledge of the criteria for psychiatric disorders according to the current Diagnostic and Statistical Manual of Mental Disorders;
5) Maintain knowledge of current legal and ethical issues as they relate to mental illness;
6) Maintain licensing as required;
7) Ensure requirements for detention and transportation pursuant to Welfare and Institutions Code (WIC) Section 5150 are met;
8) Provide documentation to the PERT officer(s) supporting the decision to detain and transport a subject pursuant to WIC Section 5150;
9) Assist in coordination of transportation to mental health service centers, or facilities when such support and services would be beneficial (regardless of whether a 72- hour evaluation hold is issued), and there is cooperation from the subject; 10) Maintain a law enforcement security clearance;
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
11) Conduct presentations to inform others about the mission and focus of the PERT Program;
12) Provide mental health training and expertise to other SCPD Department staff. 13) Contribute toward providing metrics related to the PERT Program; 14) Engage in law enforcement activities that are related only to the PERT mission and focus; and
15) Abide by and follow all CITY policies while performing services under this MOU. e. Collaborate with the CITY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOU; and
f. Work with SCPD to identify any trainings that may be provided to officers to assist with appropriately responding to incidents involving individuals with mental illness and
substance abuse. Any identified courses and trainings must be certified by POST to ensure a consistent level of quality.
2.2 The CITY shall provide the following for the PERT Program:
a. Develop a detailed policy, procedure, process, and plan on implementing a specialized police mental health PERT Program;
b. Expand training for law enforcement to identify and respond to individuals with mental illness and provide cross-training of crim inal justice and mental health personnel; c. Establish a dedicated SCPD officer(s) to work with the BHSD PERT Clinician; d. Participate in the process of identifying the BHSD PERT Clinician to work with SCPD as part of the Community Response Team (CRT);
e. Assume primary responsibility for site control when responding to a crisis; f. Assume role of the primary responder when engaged with BHSD PERT Clinician; g. Issue basic tools to BHSD PERT Clinician to perform their duties and provide access to certain CITY facilities.
h. Determine whether phone consultation or on-site consultation is needed from the BHSD PERT Clinician;
i. Coordinate training exercises with the BHSD PERT Clinician to ensure proper collaboration when needed during a crisis;
j. Collaborate with the BHSD PERT Clinician by participating in trainings and meetings to ensure proper understanding of roles and responsibilities during crisis situations; k. Facilitate transportation for clients to the appropriate receiving facility when a WIC 5150 hold has been placed by the BHSD PERT clinician in response to a call for service to SCPD; l. Agree to provide review on overall effectiveness on BHSD PERT clinician deployments; m. Agree to provide information to BHSD PERT clinician regarding individuals who are involved in a crisis incident, when such information provides critical value to the safe resolution of those incidents;
n. Have an officer on scene with the PERT Clinician to provide the following services:
1) Assess the situation regarding safety for the officer, the BHSD PERT Clinician, the consumer, and bystanders;
2) Provide safety on scene; and
3) Evaluate the subject for any criminal behavior, as appropriate; o. Offer referrals or other assistance through the officer and PERT Clinician as the situation warrants, and if needed, assist the individual to the appropriate setting (either voluntarily or involuntarily);
p. Collaborate with the COUNTY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOU;
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
q. Modify and enhance policies, procedures, and protocols for the PERT Program and information sharing process, as necessary; and
r. Work in conjunction with the PERT Clinician, to draft and submit a Monthly Program Narrative Report to County no later than seven (7) days after the end of each month. The Quarterly Narrative Report shall include a summary of the PERT Program’s performance goals, milestones achieved, and any issues/concerns encountered during the reporting period.
ARTICLE 3
RELATIONSHIP OF PARTIES AND FINANCIAL REQUIREMENTS
3.1 Relationship of Parties. The COUNTY acknowledges and agrees that the work/services provided by the BHSD PERT Clinician under this MOU are performed as an independent contractor relative to the CITY. The BHSD PERT Clinician is part of the COUNTY workforce and will remain as employee of the COUNTY while providing services under this MOU.
3.2 Funding/Financial Responsibilities. Unless amended by the Board of Supervisors and the Santa Clara City Council, the annual contribution of the COUNTY and CITY to the Pilot Program expenses shall be as follows.
a. The COUNTY shall provide the following funding/financial responsibilities:
1) The COUNTY shall pay, up front, all personnel costs of the PERT Program (i.e., the fully weighted costs of salary and benefits for the BHSD PERT Clinician) in accordance with the COUNTY’s memorandum of understanding with applicable bargaining unit.
2) The COUNTY shall procure and supply the BHSD PERT Clinician with a laptop and cellphone. The initial and on-going costs for such equipment, maintenance and/or replacement shall be incurred by the COUNTY. The COUNTY shall retain ownership of the property at the conclusion of the MOU term. 3) The COUNTY shall pay for staff time and benefits as applicable. 4) The COUNTY is not obligated to provide services for which no reimbursement will be made when the CITY’s maximum financial obligation has been fully exhausted.
b. The CITY shall provide the following funding/financial responsibilities:
1) The CITY shall reimburse County for the salary and benefits of the BHSD PERT Clinician. The maximum financial obligation of CITY shall not exceed $180,000.
The CITY shall not be liable for any costs above this amount. 2) The CITY shall provide the BHSD PERT Clinician with a fitted protective vest at its sole expense.
3) The CITY shall pay for related expenses such as the registration, meal per diem, and lodging for any required attendance by the BHSD PERT Clinician to any conference, workshop, or training program(s).
c. Both the COUNTY and CITY shall collaboratively determine what training, if any, is necessary during the duration of the MOU.
1.4 Staffing. The CITY shall be involved with the process for identifying the COUNTY PERT Clinician to work from SCPD as part of the Community Response Team (CRT). The pilot program shall consist of one (1) full time clinician who must be licensed to provide mental health services by appropriate State of California licensing authorities.
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
a. The COUNTY PERT Clinician shall be required to participate in a CITY background investigation and be fingerprinted, with subsequent arrest notification, prior to beginning work with the CITY. b. The CITY shall issue the COUNTY PERT Clinician basic tools to perform their duties and provide access to certain CITY facilities.
c. The COUNTY PERT Clinician shall follow all CITY polices while performing services under this MOU.
3.3 Invoicing and Payment. The COUNTY shall be required to create and implement a timekeeping system to account for COUNTY staff time to be validated by CITY staff. In turn, the COUNTY shall invoice the CITY monthly for reimbursement. Both CITY and COUNTY representatives shall be required to monitor the monthly cost for the COUNTY PERT Clinician.
ARTICLE 4
MISCELLANEOUS PROVISIONS
4.1 Collaboration. Both the CITY and the COUNTY have jointly developed this MOU. All PERT Program partners are committed to working together to achieve the stated project goals through monthly meetings designed to develop and implementation, as we ll as monitor and evaluate the project. PERT Program Partners shall meet informally and as often as needed.
4.2 Record Retention. The CITY and COUNTY shall maintain all documents and records which demonstrate performance under this MOU for a minimum period of three (3) years, from the date of termination or completion of this MOU.
4.3 Compliance with Non-Discrimination and Equal Opportunity Laws: The CITY and COUNTY shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. CITY and COUNTY shall not discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
California Public Records Act. The Parties are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). In the event either Party receives a CPRA request for records related to the PERT program the Parties shall collaborate to comply with the CPRA and to prevent disclosure of exempt records, such as medical or mental health records.
4.4 Records and Confidentiality. Records created by the BHSD PERT Clinician, even while operating in collaboration with CITY, shall be considered County records, free from the control and direction of any other party to this MOU. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality.
Both Parties agree that all BHSD PERT Clinicians are County employees and shall follow the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
The BHSD shall train all BHSD PERT Clinicians on federal, state, and local policies and procedures with respect to the confidentiality, use and/or disclosure of protected health information of clients as necessary and appropriate for the BHSD PERT Clinicians to perform their functions. The BHSD shall provide BHSD PERT Clinicians with the appropriate Health System(s) policies and procedures, which are subject to change from time to time. The BHSD reserves the right to take appropriate DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
action for violation of its policies; such action may include immediate termination of any BHSD PERT Clinician who violates Federal, State, or local law and policy.
4.5 Contract Execution. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
4.6 Indemnification and Insurance
a. Indemnification. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursu ant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful miscondu ct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Parties under this MOU.
b. Insurance. Without limiting the indemnification of either party to this Agreement, each party shall maintain or cause to be maintained throughout the term of the Agreement the following insurance coverage: (i) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of automobile liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate (iii) a policy of workers’ compensation providing statutory coverage; and (iv) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement.
Insurance afforded by a commercial general liability policy shall be endorsed to provide coverage to the other party of the Agreement as an additional insured. Each party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section may be satisfied by the provision of similar coverage through a self- insurance program.
4.7 Notices. All notices required under the terms of this MOU will be in writing and must be transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt requested, addressed to the parties as set forth below:
COUNTY OF SANTA CLARA: CITY OF SANTA CLARA:
Bruce Copley, Director Rajeev Batra
BHSD Access and Unplanned Services Office of the City Manager [email protected] [email protected]
S. Bascom Ave., Suite 200 1500 Warburton Avenue
San Jose, CA 95128 Santa Clara, CA 95050
(408) 885-3957 (408)615-2210
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46
By signing below, each agency approves the conditions set forth in this MOU as well as the submitted application and proposed project budget.
“COUNTY” County of Santa Clara
Gene Clark, CCPO, C.P.M. Date
Chief Procurement Officer
“CITY” City of Santa Clara, a Municipal
Corporation and Charter City
_____________________________________
Rajeev Batra Date
City Manager
APPROVED AS TO FORM AND LEGALITY: APPROVE AS TO FORM AND LEGALITY:
______________________________________ _____________________________________ Megan Wheelehan Date Office the City Attorney Date
Deputy County Counsel City of Santa Clara
APPROVED:
_______________________________________
Sherri Terao, E.d. D Date
Director
Behavioral Health Services Department
APPROVED:
________________________________________
Vincent DePaul Robben Date
Health Care Financial Manager County of
Santa Clara Health System