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HomeMy WebLinkAboutContract 57648 --�Maaa�� CSC No.57648 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MHMR OF TARRANT COUNTY FOR PARTNERSHIP IN ESTABLISHING THE CRISIS INTERVENTION TEAM I. This agreement is entered into by the City of Fort Worth("CITY") and My Health and My Resources of Tarrant County (MHMR), a unit of local government pursuant to Chapter 534 of the Texas Health and Safety Code, for the purpose of establishing the program and operations of the Crisis Intervention Team (CIT) in the City of Fort Worth. II. LIFE OF THIS AGREEMENT This agreement becomes effective upon signature of both parties to this agreement for a period of one year. This agreement automatically renews for subsequent one- year periods unless either party notifies the other at least 60 days in advance. The life of this agreement is also subject to Section V of this Memorandum of Agreement (MOA). III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the CITY and MHMR in creating and deploying CIT teams in the City of Fort Worth; providing the necessary transportation, equipment and supplies for joint operation of the teams, while ensuring the protection of FBI's Criminal Justice Information Services Division(CJIS) and Health Information Privacy Protection Act (HIPPA) related information by delineating information sharing policies/protocols. (See Section D). IV. NAME OF JOINT OPERATION The name of the joint operation is the Crisis Intervention Team (CIT), which is a supportive, community-based initiative that engages persons experiencing a crisis related to mental illness for the purpose of offering services, education and support for both the person and their impacted loved ones. CIT will be co-located within various patrol stations. CONDITIONS AND PROCEDURE a. ASSIGNMENT OF PERSONNEL: To ensure success, CIT members must possess the willingness and capacity to work together in a joint operational nature. Both CITY and MHMR management staff will identify potential personnel within their respective organizations for participation in the initiative; and reserve the opportunity to provide input and direction regarding team assignments. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CITY shall select and assign officer(s)to the CIT as an ancillary assignment. The CITY officers shall be deployed to engage, examine and investigate persons believed to be in a mental health crisis and will provide input and assistance to field personnel, investigation staff and support staff who come into contact with such individuals. CITY will identify one lead and one back-up CIT officer for each of the six patrol divisions to participate in this initiative. Additionally, CITY will seek to provide ongoing professional development of CIT officers and other designated staff to continually enhance the partnership. All training shall be coordinated and reviewed through FWPD Training Center personnel according to FWPD policies. MHMR shall provide and assign a minimum of six (6) mental health professionals to the CIT. MHMR will provide each patrol district(North,Northwest, South, West, East, and Central) with a mental health professional to ride out a minimum of one shift per district/per week. In addition to ride alongs, MHMR staff shall provide a variety of crisis intervention services for persons suffering from severe mental illness or severe emotional disorders and assist clients, their families, law enforcement, community members and other social service and faith-based agencies in understanding and finding solutions to the problems that lead to and result from mental illness and severe emotional disorders. At any time, CITY may request that MHMR reassign or remove a mental health professional assigned to this program for good cause. MHMR will consider the request and collaborate with CITY for resolution. CITY and MHMR agree that any changes of MHMR personnel assigned will be discussed by the Police Chief and the CEO of MHMR or their designees. b. OFFICE SPACE, TRANSPORTATION, EQUIPMENT AND SUPPLIES CITY shall provide MHMR staff with: access to police facilities, TLETSlNCIC training, access to report systems, police radios (along with related training). CITs will be provided office space within their assigned patrol stations along with filing cabinets that have locking capabilities for MHMR paperwork. MHMR shall provide their mental health professionals with mobile computers,access to onsite printing capabilities, air cards, cellphones, office supplies, transportation access, and ballistic vests which meet CITY minimum requirements and shall be worn on duty. MHMR Tarrant will ensure that staff will have access to all MHMR client behavioral health histories. c. CONFIDENTIALITY AND SHARING OF INFORMATION The purpose for the sharing of information amongst CIT members and related first responder personnel is appropriate when the situation involves: a crisis, a community safety issue and/or is deemed necessary in order to provide continuity of care. All personnel assigned to the CITs shall be knowledgeable and abide with the provisions of the law pertaining to confidentiality of information related to a client's behavioral health history and other medical records, and shall be in HIPPA compliance in both areas of privacy and security of protected health information. All personnel assigned to the CITs shall be knowledgeable and abide with the provisions of the law pertaining to CJIS-protected information. MHMR and CIT will share relevant and pertinent information with each other to provide crisis intervention services for persons suffering from severe mental illness, severe emotional disorders, and persons in crisis d. REPORTING SYSTEM The CIT police officers will be responsible for completing any FWPD offense reports that are required. Should an individual and/or situation dictate district and/or department-wide information dissemination-CIT police officers will be responsible for notifying their district chain of command and appropriate staff. CIT MHMR personnel will be responsible for completing all necessary MHMR documentation for each client contact. CIT MHMR personnel will be responsible for triaging, assessing and prioritizing follow-up care from behavioral health referrals.They will be responsible for the creation of monthly management reports that identify: • The number of monthly outreach hours dedicated per district; • The number of individuals served per district; o The number of face-to-face contacts versus follow-up contacts; o These numbers will delineate duplicated and non-duplicated contacts. These reports will highlight individuals who are considered by the mental health professional as "high risk" and those who are considered"routine."Information related to an individual highlighted as "high risk" will be relayed immediately to the division CIT officer for PD dissemination. e. RESPONSIBILITY IN DISPATCHING OF TEAMS CITs will be eligible to receive calls directly from FWPD dispatch when the situation requires. If available,the CIT will respond to requests from field units when assistance is needed in handling an individual struggling with a mental health crisis. f. TRAINING Training as it relates to professional Licensure (TCOLE/Mental Health Professional CEU's)will remain the sole responsibility of employing agencies. All training as it relates to CITs shall be a collaborative effort between the department's MH Liaison, FWPD Training Center, and MHMR. FWPD CIT, FWPD Training, and MHMR management will work together to determine curriculum needs, schedule and identify target audiences. g. SPECIAL THREAT SITUATIONS CIT may be dispatched to a location where the SWAT Team has deployed. The role of the CIT will be to provide on-scene behavioral health history assistance at the direction of the Hostage Negotiation Team Leader. MHMR CIT personnel will be subject to after-hours callback for SWAT situations. While on-scene of a call involving SWAT, MHMR, and CIT personnel must wear ballistic vests. V. PROGRAM AUDIT This agreement and its requirements are subject to audit by both CITY and MHMR. It is the respective department's responsibility to conduct an audit whenever their department deems necessary. The CITY agrees to maintain all records relating to the operations of CIT consistent with its departmental policies related to record retention. The MHMR client records shall be maintained in accordance with MHMR record retention policies. VI. REVISIONS AND CANCELLATIONS The terms of this agreement may be amended in writing upon written approval by both parties. The amendment becomes effective upon the date of approval. Either party can cancel this agreement upon 60 days' written notice to the other party. VII. NO PRIVATE RIGHT CREATED This is an internal Government Agreement between CITY and MHMR and is not intended to confer any right or benefit to a private person or other third party. VIII. INSURANCE The City of Fort Worth is self-insured. MHMR Tarrant is a member of the Texas Council Risk Management Fund.Verification of coverage is included in the appendix section. a. NO WAIVER OF IMMUNITY Neither Party waives or relinquishes any immunity or defense on behalf of itself, trustees, officers, employees (paid or volunteer), and agents as a result of the execution of this agreement or as a result of the performance of the functions or obligations described herein. b. NO WAIVER No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provisions. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. IX MISCELLANOUS NOTICES Any required notice shall be in writing and shall be sent, postage prepaid, by certified mail, return receipt requested, to Agency or Contractor at the address below. The notice shall be effective on the date of delivery indicated on the return receipt. TO THE CITY: TO VENDOR: City of Fort Worth MHMR of Tarrant County Attn: Chief of Police Attn: Kevin McClean 505 W. Felix St. Sr. Director of Contracts Administration Fort Worth TX 76115 3840 Hulen St. Facsimile: (817) 392-xxxx Fort Worth, TX 76107 Facsimile: (xxx) xxx-xxxx With Copy to the City Attorney Attn: 200 Texas St. Fort Worth, TX 76102 INDEPENDENT CONTRACTOR The relationship between MHMR and CITY shall be that of an independent contractor. It is agreed that CITY `s personnel will not be considered an employee, agent, partner, joint venture, ostensible or apparent agent, servant or borrowed servant of MHMR. GOVERNING LAW AND VENUE This Agreement shall be construed and enforced in accordance with the law of the State of Texas, and venue shall lie in Tarrant County, Texas EFFECTIVE DATE This Agreement shall not become effective unless and until executed by a duly authorized representative of MHMR and the City Manager,or their designee,of the City. ENTIRE AGREEMENT This is the entire agreement between the parties. Any prior agreements related to CIT are hereby revoked. ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and 7c4— administration of this contract, including By: ensuring all performance and reporting Name: Fernando Costa requirements. Title: Assistant City Manager By: APPROVAL RECOMMENDED: Na me: Sasha Kane Title: Senior Contract Compliance Specialist By: APPROVED AS TO FORM AND LEGALITY: Neil Noakes(Jun 4n 2022 Name: Neil Noakes bbF FoRr 4 p 000000° Title: Chief of Police p�-00 °°o��Od By: vo 0=0 Name: Taylor Paris ATTEST: � *o° *�� Title: Assistant City Attorney d0000000 4 nEXASoAp CONTRACT AUTHORIZATION: B .7G1`I`IG��G c1 GDOG�GZGG M&C: Not required y Jannette S.Goodall(Jun 6,2022 07:27 HST) Date Approved: Name: Jannette Goodall Title: City Secretary Form 1295 Certification No.: MHMR of Tarrant County By: Name: bus CZor/1.�2 Title: �- OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Appendix 1 Texas Council Risk Management Fund P.O.Box 26655,Austin,Texas 78755-0655 (512)346-5314 FAX(512)346-9321 April 25, 2022 City of Fort Worth Police Department Subject: Verification of Coverage Contract: 045 RE: MHMR of Tarrant County The MHMR of Tarrant County has requested that we verify insurance coverages with you. This is to advise you that the MHMR of Tarrant County is a member of the Texas Council Risk Management Fund. This is to verify that with respect to the coverages, the MHMR of Tarrant County currently has the following: Workers' Compensation Statutory Employer's Liability - While the Fund does not believe that governmental entities can be held liable for Part B - Employer's Liability damages in a work-related death case and does not waive any defense of governmental immunity to be so asserted; the Fund does agree to defend the Center against such claims and should the highest Court in this State decide that governmental entities such as the Center are liable for Part B - Employer's Liability damages in a work-related death case, the Fund will defend the member and will pay all monetary damages the Center shall become legally obligated to pay, not to exceed $1,000,000 per claim. Workers' Compensation Statutory General Liability $ 2,000,000. Per Occurrence & Annual Aggregate (Aggregate applies only to Products, Completed Operations, Contractual and Personal Injury coverages.) $1,000. Deductible Automobile Liability $ 2,000,000. Combined Single Limit per Occurrence $1,000. Deductible Professional Liability $ 1,000,000. Per Claim (Claims Made Form) $ 3,000,000. Annual Aggregate Sexual Misconduct $ 100,000. Per Claim (no coverage for intentional acts) $1,000. Deductible Retroactive Date 09/01/1989 Fund Administrator: Sedgwick MHMR of Tarrant County Page 2 of 2 All coverages are effective 09/01/2021 and are considered continuous until cancelled. Please accept this letter as proof of insurance. As a Self-Insurance Fund,we do not issue certificates of insurance. Should you need additional information, please contact me at(512) 427-2458. Sincerely, TEXAS COUNCIL RISK MANAGEMENT FUND Margee Valdez Customer Support Specialist