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HomeMy WebLinkAboutResolution - 2019-R0395 - Federal JMHCP Grant Funds - Interlocal Agreement With Starcare - 11/05/2019 Resolution No. 2019-RO395 Item No. 6.3.2 November 5, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an Interlocal Agreement with StarCare Specialty Health System, in conjunction with the Justice and Mental Health Collaborative Program (JMHCP), to utilize federal JMHCP grant funds to develop and implement training to improve officer and civilian safety during calls for service involving people with Mental Illness (MI) and Co-occurring Mental Illness and Substance Abuse (CMISA). The Interlocal Agreement, and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 5th day of November , 2019. DANIEL M. POPE, MAY R ATTEST: 91 Rebe a Garza, City Secr tary APPROVED AS TO C NTENT: Jerry D. Bre er Police Ch> APPROVED AS TO FORM: John . Qr/ac , ssi to t�Cit At mey SA it att1CCDOCSIRG .LPD-StarCRreJM1 'PAgreement.2019.doc DocuSign Envelope ID:C93DE03A-C3664F1C-AE21-AD62FCD008C4 Resolution No. 2019-RO395 INTERLOCAL AGREEMENT FOR THE JUSTICE AND MENTAL HEALTH COLLABORATIVE PROGRAM (CITY OF LUBBOCK AND STARCARE SPECIALTY HEALTH SYSTEM) This Interlocal Agreement concerns the Department of Justice Category 2 Grant for Strategic Planning for Law Enforcement and Mental Health Collaboration ("Agreement") and is made and entered into as of the date of execution written below (the "Effective Date") in accordance with the provisions of the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code) by and between the City of Lubbock, on behalf of its Police Department ("Lead Agency"), and StarCare Specialty Health System (as the "Service Provider"), (collectively referred to as the"Parties"). 1. RECITALS 1.1 The City of Lubbock,through the Lubbock Police Department,provides for public safety by preventing and investigating criminal activity, enforcing the law, and preserving the peace, and in so doing comes into contact with individuals with mental illness, and will act as the Lead Agency, responsible for the administration of the Department of Justice Category 2 Grant for Strategic Planning for Law Enforcement and Mental Health Collaboration. The mission of the Lubbock Police Department is to enhance the quality of life in the City of Lubbock by working cooperatively with the public to prevent crime,enforce the laws,preserve the peace, and provide a safe environment. 1.2 StarCare Specialty Health System provides services for adults, children, and adolescents who have a diagnosis of mental illness, developmental disabilities, or substance abuse. As the state designated mental health authority for Lubbock, Lynn, Cochran, Crosby and Hockley counties, StarCare has authority and responsibility for: planning policy development; coordination, development and allocation of resources; and oversight of mental health services. 1.3 The Lead Agency and the Service Provider named in this Agreement anticipate that the Lead Agency will enter into similar agreements with other Service Providers, including governmental, quasi-governmental, and non-governmental entities; however, neither this Agreement or any similar agreement between the Lead Agency and another Service Provider creates any contractual rights or duties between the Service Provider named herein and any other Service Provider. Only the Lead Agency and the Service Provider named herein are parties to this Agreement. 2. PURPOSE The purpose of this Agreement is to effectively utilize law enforcement's and community service provider's time by planning new approaches or enhanced responses to calls for service regarding people with mental illness. The planning and training will also improve officer and civilian DocuSign Envelope ID:C93DE03A-C3664F1C-AE21-AD62FCD008C4 safety during calls for service involving people with Mental Illness (MI) and Co-occurring Mental Illness and Substance Abuse(CMISA.) The Agreement will allow Lead Agency to establish an interagency workgroup with Service Provider(s). The interagency workgroup will review (and revise as needed) existing officer mental health training to manage and defuse encounters with people exhibiting MI and CMISA, and will include call-taker/dispatch training, and will provide options to inform and aid responding officers through the use of such options as premise-alert forms. 3. TERM This Agreement shall be effective beginning on the date that it is executed by the Parties and continuing through September 30 of the following year. The Agreement will be automatically extended for additional terms of one year, from October 1 until September 30 of each year unless any Party provides the other Party with 30 days written notice of termination as provided herein. In any case, this Agreement will terminate at the end of the grant funding period. 4. RESPONSIBILITIES OF THE LEAD AGENCY Lead Agency is the entity that has the primary responsibility for carrying out the award. The Lead Agency will be responsible for all reports due to the DOJ. The Lead Agency will also provide data to the other Parties to be used for developing evidence-based programs or practices. Information to be shared pursuant to this agreement will be public data and shall not include privileged or confidential data. The Lead Agency will plan and develop cross-agency training curriculum. The Lead Agency will assist in locating training and meeting sites. 5. RESPONSIBILITIES OF THE SERVICE PROVIDER Service Provider will assist in planning and developing cross agency training curriculum. The Service Provider will assist in locating training and meeting sites. The Service Provider will also provide data to the Lead Agency to be used for developing evidence-based programs or practices. Information to be shared pursuant to this agreement will be public data and shall not include privileged or confidential data. 6. RESPONSIBILITIES OF ALL PARTIES The Lead Agency and the Service Provider(s) recognize that they are operating as independent contractors and any liabilities or obligations, including payroll taxes, employee benefit amounts, or other expenses of either party, will not be the responsibility of the other party(ies). 7. EXCHANGE OF INFORMATION The parties agree to coordinate the exchange and review of information. Information to be shared pursuant to this agreement will be public data and shall not include privileged or confidential data and may be released pursuant to the Texas Public Information Act or other law. DocuSign Envelope ID:C93DE03A-C366-4F1C-AE21-AD62FCD008C4 8. NONDISCRIMINATION AND EQUAL OPPORTUNITY The parties will comply with Title VI of the Civil rights Act of 1964 and regulations pursuant thereto (Title 24 CFR Part I), which states that no person shall, on the grounds of, race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, familial status or age be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program participating in the Program . 9. COMPLIANCE WITH THE TEXAS PUBLIC INFORMATION ACT The parties acknowledge that they are subject to, and shall comply with, the Texas Public Information Act. 10. COMPLIANCE WITH FEDERAL LAWS The parties will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.0 794) as amended,and with implementing regulations at 24 CFR Part 8 which prohibit discrimination based on handicap in federally assisted programs and activities. 11. COMPLETE AGREEMENT This Agreement is the complete agreement between the parties and may be amended only by written agreement signed by each of the parties involved. 12. COSTS Each government entity who is a party to this Agreement shall pay for the performance of governmental fiinetions or services from current revenues. 13. AUTHORITY Each government entity who is a party to this Agreement is authorized to perform the functions or services contemplated by this Agreement. 14. TERMINATION This Agreement may be terminated by any party at any time and for any reason upon at least 30 days' prior written notice to the other party. 15. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Any action arising out of this Agreement shall be instituted and prosecuted only in a court of law with jurisdiction in Lubbock County, Texas. DocuSign Envelope ID:C93DE03A-C3664F1C-AE21-AD62FCD008C4 16. NONDISCRIMINATION No party to this Agreement shall discriminate against any person on the basis of race,age,religion, sex,color,creed,national origin,handicap,disability,or sexual preference. In addition,the parties will fully comply with any and all applicable local, state, and federal anti-discrimination regulations, statutes, and judicial decision. 17. NOTICES Any and all notices permitted or required by this Agreement shall be in writing and shall be deemed to have been fully given on the date personally delivered,properly addressed as follows: Lead Agency: City of Lubbock Attn: Chief of Police POB 2000 Lubbock, TX 79457 Service Provider: StarCare Specialty Health System Attn: Beth Lawson 904 Ave. Q Lubbock, TX 79401 18. PRESERVATION OF IMMUNITY Nothing in this Agreement will negate any of the immunities provided by state or federal law to any of the parties. 19. NO JOINT ENTERPRISE This Agreement is not intended to, and shall not, be constnied to create any joint enterprise between the parties. EXECUTED in multiple counterparts, each of which is an original, on this 5til day of NnyemhPr 12019. FOR THE LEAD AGENCY - CITY OF FOR THE SERVICE PROVIDER- LUBBOCK: STARCARE SPECIALTY HEALTH SYSTEM: Ff D"�oc�ruSigned by: Daniel M. Pope, Mayor Bet awson;­Chief Executive Officer DocuSign Envelope ID:C93DE03A-C366AF1C-AE21-AD62FCD008C4 Attest: Attest: P -�4" -t--e )\/-� Beck Gar a, City Secretary Approvd as:1, oContent Approved as to Content: Q Jerry D. Br wetjr., Chief of Police Approved as to F n• Approved as to Form: 7John i A orney