CC Resolution 13125 - Psychiatric Emergency Response Team (PERT) Clinician Contract RESOLUTION NO. 13125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT
WITH THE COUNTY OF SANTA CLARA TO ESTABLISH A PSYCHIATRIC
EMERGENCY RESPONSE TEAM
WHEREAS, the City Council recognizes the impact the homelessness and mental health
crisis have had on the Campbell Community; and
WHEREAS, The City of Campbell and County of Santa Clara 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 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 agencies recognize the need to increase public safety and to provide
rapid intervention to a person in mental health crisis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that
the adopt a Resolution approving a Memorandum of Agreement (MOA) with the County
of Santa Clara and authorizing the City Manager to sign the MOA establishing the PERT
team within the City of Campbell.
PASSED AND,ADOPTED this 5th day of March 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
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Susan M. La ry, Mayor
ATTEST:
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Andrea Sayers, City Clerk
MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF CAMPBELL 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 Campbell(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 Campbell Police Department(hereinafter"CPD") 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(hereinafter"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(referred to herein individually as"Party"or collectively as the "Parties")
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 Agreement (hereinafter "MOA")
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,the Parties incorporate the above Recitals herein and it is hereby agreed by and between
the Parties as follows:
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ARTICLE 1
TERM; EXTENSIONS; TERMINATION
1.1 Term of Agreement. The initial term of this MOA is from the date the MOA is executed by both
parties to June 30, 2024, or until the CITY's available appropriation in the amount of$180,000 is exhausted,
whichever occurs first.
1.2 Extension. This MOA may be extended should the CITY and/or COUNTY identify funding, and
upon a written amendment of this MOA signed by both Parties. Extension of this MOA shall be contingent on the
Party's review of the use,need, and value of the PERT Program and The Party'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 MOA 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 CPD's designated PERT officer(s)("CPD 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 CPD 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 CPD 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.
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1.0) Maintain a law enforcement security clearance.
11) Conduct presentations to inform others about the mission and focus of the PERT
Program.
12) Provide mental health training and expertise to other CPD Department staff.
13) Contribute toward providing metrics related to the PERT Program.
1.4) Engage in law enforcement activities that are related only to the PERT mission and
focus; and
1 5) Abide by and follow all CITY policies while performing services under this MOA.
e. Collaborate with the CITY in determining what training, if any, is necessary for the BHSD
PERT Clinician during the duration of the MOA; and
f. Work with CPD to identify any trainings that may be provided to CPD PERT officer(s)
and or other 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 Peace Officer Standards Training 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 criminal justice and mental health personnel.
c. Establish a dedicated CPD PERT officer(s)to work with the BHSD PERT Clinician.
d. Participate in the process of identifying the BHSD PERT Clinician to work with CPD 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 CPD.
1. 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
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involuntarily).
P. Collaborate with the COUNTY in determining what training, if any, is necessary for the
BHSD PERT Clinician during the duration of the MOA.
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 MOA 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 MOA.
3.2 Funding/Financial Responsibilities.Unless amended by the Board of Supervisors and the
Campbell 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 MOA 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 MOA.
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3.3 Staffing. The CITY shall be involved with the process for identifying the COUNTY PERT Clinician
to work with CPD as part of the Mobil Crisis Response Team (MCRT). 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.
a. The COUNTY PERT Clinician shall be required to participate in a CITY civilian 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
MOA.
3.4 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 MOA. All PERT
Program partners are committed to working together to achieve the stated project goals through monthly
meetings designed to develop and implementation, as well 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 MOA for a minimum period of three(3)years, from the date of termination or
completion of this MOA.
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 MOA. Such records will be subject to all federal, state,and local laws and regulations regarding the protection
of client/patient privacy and confidentiality.
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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
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. This MOA may be executed in counterparts, and
when each party has signed and delivered at least one such counterpart, each one shall be deemed an original.
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 pursuant 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 misconduct 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 MOA.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 MOA.
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.
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4.7 Notices.All notices required under the terms of this MOA 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 CAMPBELL:
Bruce Copley, Director Brian Loventhal
BHSD Access and Unplanned Services Office of the City Manager
bruce.copley@hhs.sccgov.org Brianl@campbellca.gov
S. Bascom Ave., Suite 200 70 N. First Street
San Jose, CA 95128 Campbell,CA 95008
(408) 885-3957 (408) 866-2777
Changes to the above information shall be given to the other party in writing ten(10)business days
before the change is effective.
4.8 Miscellaneous provisions.
a. No Agency. It is understood that each of the Parties operate independently from one another and cannot
enter into agreements or contracts as agents of the other. It is expressly understood and agreed that none of
the Parties are in any way or for any purpose an agent of each other related to this MOA.
b. No Assignment.No party to this MOA can assign any portion of this MOA without the other Parties' prior
written consent, unless otherwise stated herein.
c. Entire Agreement. This MOA contains the entire agreement of the Parties with respect to the matters
contained herein, and each party acknowledges there were no other oral agreements, representations,
warranties, or statements of fact made prior to or at the time of the signing of this Agreement.
d. Severability. If any term or provision of this MOA is declared invalid or unenforceable by a court of
competent jurisdiction,the remaining provisions shall remain in full force and effect.
e. Waiver. Waiver by any party of any portion of this MOA shall not constitute a waiver of the same or any
other portion hereof
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By signing below, each agency approves the conditions set forth in this MOA, as well as the
submitted application and proposed project budget, and are authorized to execute this MOA on their
respective entity's behalf.
"COUNTY" County of Santa Clara "CITY" City of Campbell, a Municipal
Corporation and Charter City
Matthew Hada Date Brian Loventhal Date
Chief Procurement Officer City Manager
APPROVE AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY: LEGALITY:
Deputy County Council Date Office of the City Attorney Date
City of Campbell
APPROVED:
Sherri Terao, Ed. D Date
Director
Behavioral Health Services Department
APPROVED:
Vincent DePaul Robben Date
Health Care Financial Manager
County of Santa Clara Health System
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