HomeMy WebLinkAboutVIII-15 Law Enforcement and Community Services Coordinated Response JPA City Council Memorandum
To: Mayor Fasbender and City Council Members
From: Bryan D. Schafer, Chief of Police
Date: January 3, 2022
Item: Law Enforcement and Community Services Coordinated Response JPA
Council Action Requested:
Approve the JPA between Hastings and Dakota County for Crisis Response
Background Information:
The purpose of the Pilot project is to explore and implement a more coordinated response between law
enforcement and Dakota County Community Services in addressing mental health crisis response. This
is particularly important when there is a need for specific services and programs that are provided by
Dakota County. While the Hastings Police Department has already been collaborating with the County
since 2019, this allows us to continue this collaboration until which time we transition to a permanent
service model that will be memorialized between the parties in a future agreement.
The attached agreement has been reviewed and approved of by City Attorney, Korine Land.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Joint Powers Agreement
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JOINT POWERS AGREEMENT A M E N D M E N T
BETWEEN CITY OF HASTINGS AND DAKOTA COUNTY
FOR LAW ENFORCEMENT AND COMMUNITY SERVICES
COORDINATED RESPONSE PILOT
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Hastings, by and through its City Council and Police Department (Law Enforcement), 150 3rd St E.
Hastings, MN 55033 (hereinafter "City") and Dakota County, by and through its Community Services
Department (DCCS), 1 Mendota Road W., West St. Paul, MN 55118 (hereinafter “County”).
WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, City and County are authorized
to enter into an agreement to exercise jointly or cooperatively governmental powers common to each
and to permit one governmental entity to perform services or functions for or with another
governmental unit; and
WHEREAS, mental health crisis response is required to be provided by City and County in
accordance with applicable federal and state laws, statutes, rules and regulations; and
WHEREAS, City desires to receive services from County to assist people who need such
services on a prompt basis to protect their health, safety, and welfare.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed,
by and between the parties as follows:
1. PURPOSE.
The purpose of the Pilot project (“Pilot”) is to explore and implement a more coordinated
response by the parties to address increased law enforcement involvement where there may be
an underlying need for coordination of services and programs offered by County. The
implementation will take place utilizing a Community Services Resource Coordinator
(Coordinator) position. Throughout the Pilot, the parties will continue to develop and evaluate
effective and timely service models. The goal of the Pilot is to assist Law Enforcement to
transition to permanent service models that will be memorialized between the parties in a future
agreement.
2. TERM.
This Joint Powers Agreement will become effective on the date that the Agreement has been
executed by City and County, through 12:00A.M. on June 30, 2022 and unless terminated
earlier in writing. This Agreement may be terminated with or without cause by either City or
County upon ninety (90) days' written notice to the other party to this Agreement.
Notwithstanding the above, City may immediately terminate this Agreement at any time if the
health, safety, or welfare of any person receiving services or entitled to receive services under
this Agreement is at risk because of the actions or inaction of County.
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3. AUTHORIZED REPRESENTATIVE.
The named persons, in the positions stated below, or their successors in title, are designated the
Authorized Representatives of the parties for purposes of this Agreement. Notifications required
to be provided by the terms of this Agreement, invoices to be submitted and payments made,
shall be provided to the following named persons unless otherwise stated in this Agreement:
TO COUNTY: TO CITY:
Emily Schug Bryan Schafer, Chief of Police
Deputy Director Social Services Hastings Police Department
Emily.Schug@co.dakota.mn.us BSchafer@hastingsmn.gov
(651) 554-6316 (651) 480-2306
4. COUNTY'S RESPONSIBILITIES.
County will:
A. Provide and supervise the Coordinator who has, a minimum, a bachelor’s degree in
Corrections, Criminal Justice, Sociology, Psychology, Social Work, or related human
services field with one-year professional experience in Corrections, Social Services, or
Human Services and progressive experience in project management. This position does
not involve the provision of direct treatment services, mental health diagnostic
assessments, or treatments. It is a resource referral and coordination position as
described herein.
The Coordinator will:
1. Provide over-all Pilot administration, coordination and assessment;
2. Educate law enforcement on mental health crisis and emergency services offered
by Dakota County Social Services (DCSS), including the roles and
responsibilities of the 24 hour, seven days a week, Crisis Response Unit (CRU)
and on-going mental health services and programs;
3. Educate law enforcement on other services and programs offered by County that
could benefit individuals/households who come into contact with law
enforcement;
4. Work with law enforcement (as directed by the assigned DCSS case manager
and/or CRU staff) in providing a timely follow-up contact with the
individual/household after a crisis/emergency mental health call or crisis
intervention to educate on resources offered by DCSS in accordance with Minn.
Stat. §§ 256B.0624 and 256B.0944;
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5. Assist law enforcement in outreach to determine if the individual/household is
interested in voluntarily working with DCSS mental health professionals and
law enforcement in developing a mental health crisis response plan accessible
through the CRU 24/7 in an emergency as permitted by Minn. Stat. § 13.46,
subd. 2(a)(10);
6. Work with law enforcement in providing a timely follow-up contact with the
individual/household to determine if the individual/household is interested in
and/or eligible for other services and programs offered through County or other
community-based organizations, including networking outreach to potential
community resources and service providers
7. Create procedures to guide work for the duration of the Pilot;
8. Coordinate the Pilot evaluation pursuant to Section 8;
9. Coordinate with Pilot projects in other jurisdictions; and
10. Continue problem solving with law enforcement and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. In support of the pilot, County will:
1. Provide necessary resources to support the Coordinator with equipment and
training to facilitate Pilot activities;
2. Supervise the Coordinator;
3. Facilitate connection and “warm handoffs” to the various services and programs
within County and to community resources and service providers; and
4. Maintain a database of evaluation data and report summary data to all partners.
C. County shall participate in meetings between City and County staff members to review
the services provided pursuant to the Agreement.
5. CITY'S RESPONSIBILITIES.
City will:
A. Identify and dedicate resources to:
1. Work with the Coordinator for Pilot administration, coordination and
assessment;
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2. Coordinate education of officers and other law enforcement staff about the Pilot
and DCSS programs and services including the role and responsibilities of the
CRU;
3. Educate and train the Coordinator and any other participating DCSS staff on law
enforcement’s response to crisis and emergency service calls, including the role
and responsibilities of law enforcement;
4. Identify individuals/households to the Coordinator who may benefit from the
Pilot;
5. Work with the Coordinator, the CRU and DCSS mental health professionals to
provide timely follow-up with the individual/household as provided in Section 4;
6. Work with the Coordinator, the CRU and DCSS mental health professionals to
develop the crisis response plan as provided in Section 4;
7. Work with the Coordinator to create procedures to guide work for the duration
of the Pilot;
8. Work with the Coordinator in the Pilot evaluation pursuant to Section 8; and
9. Continue problem solving with the Coordinator and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. Provide a work space, equipment and necessary internet and other connections.
6. JOINT RESPONSIBILITIES.
The parties will jointly:
A. Meet regularly during the term of the Pilot to review and evaluate performance
objectives and provide guidance to staff.
B. Facilitate relationship-building with community agencies, treatment providers,
Community Corrections, hospitals and community-based service providers to enhance
understanding and reduce barriers to providing services to individuals with complex
service needs.
C. Attend and/or organize relevant trainings conducted by DCSS or other agencies.
D. Commit to training on policy and procedures for the Pilot and for use of the CRU.
E. Attend joint Co-Response project meetings convened to discuss countywide
CoResponse trainings and programs as well as attend any countywide trainings or
programs.
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7. OVERSIGHT AND IMPLEMENTATION.
Steering Committee. The Pilot will be overseen by a Steering Committee comprised of the
DCSS Director or Deputy Director, and chief of police from the City of Hastings. One
additional member from the City and County shall be designated by each jurisdiction to
participate in the Steering Committee, and others may be invited to attend meetings and assist
with collaborative planning, implementation, and evaluation activities. The role of the Steering
Committee is to provide strategic vision, structure and oversight of the Pilot. The
responsibilities of the Steering Committee include:
A. To provide strategic oversight for the Pilot, including defining scope, priority, desired
results and key deliverables;
B. To serve as “champions” for the Pilot, garnering support, removing obstacles, and
resolving escalated issues;
C. To obtain and allocate resources to support the design, implementation and evaluation of
the Pilot throughout its duration;
D. To provide feedback and decisions in response to recommendations from the system
stakeholders;
E. To monitor and evaluate the Pilot progress;
F. To designate key subject matter experts, as needed, to support specific components of
the Pilot planning, design or operations;
G. To designate staff to oversee and manage day-to-day activities and implement the
strategic operations of the Pilot; and
H. To ensure strategic alignment and support Pilot success.
8. EVALUATION.
The Pilot will be evaluated according to an evaluation design, led by the Dakota County Office
of Performance and Analysis, that is collaboratively developed by the parties. DCCS will have
the lead role in collecting and analyzing data and will present summary data to the parties,
along with a summary of Pilot activities due on the last day of the month following the end of
the 2021 full year term.
All Pilot evaluation data will be reported as summary data.
9. INDEPENDENT CONTRACTOR.
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It is agreed that nothing contained in this Agreement is intended or should be construed as
creating the relationship of agents, partners, joint venturers, or associates between the parties
hereto or as constituting either County as the employee of the City for any purpose or in any
manner whatsoever. County is an independent contractor and neither it, nor its employees,
agents, or representatives, are employees of City.
10. LIABILITY AND INDEMNIFICATION.
A. County and City agree to indemnify, defend and hold harmless the other, its officers,
agents and employees against any and all liability, loss, costs, damages, claims or
actions its officers, agents or employees may hereafter sustain, incur, or be required to
pay, arising out of or by reason of any act or omission of the indemnifying party, its
officers, agents, or employees, in the execution, performance or failure to adequately
perform its obligations pursuant to this Agreement.
B. To the full extent permitted by law, actions by the parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of
the parties that they shall be deemed a "single governmental unit" for the purposes of
liability, all as set forth in Minn. Stat. § 471.59, subd. 1a, provided further that for
purposes of the statute, each party to this Agreement expressly declines responsibility
for the acts or omissions of the other party. Each party also specifically intends that the
single tort cap limits specified for cooperative agreements under Minn. Stat.§ 471.59,
subd. l a, or as such statute may be amended or modified from time to time, shall apply
to this Agreement and to the activities of the parties hereunder. The statutory limits for
the parties may not be added together or stacked to increase the maximum amount of
liability for either party.
C. Each party to this Agreement shall be liable for the acts of their own officers,
employees, and/or agents and the results thereof to the extent authorized by law and
shall not be responsible for the acts of the other party, its officers, employees, and/or
agents. It is understood and agreed the provisions of the Municipal Tort Claims Act,
Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’
acts or omissions. Each party warrants they can comply with the indemnity requirements
through an insurance or self-insurance program and each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
11. NON-ASSIGNABILITY.
County shall not assign any interest in this Agreement and shall not transfer any interest in
the same, whether by subcontract, assignment or novation, without the prior written consent
of City.
12. EQUAL EMPLOYMENT OPPORTUNITY.
County agrees to comply with all federal, state and local laws, resolutions, ordinances, rules,
regulations and executive orders pertaining to unlawful discrimination because of race,
color, creed, religion, national origin, sex, and marital status with regard to public assistance,
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sexual orientation, disability, or age. When required by law or when validly requested by
City, County shall furnish a written affirmative action plan.
13. WORKPLACE VIOLENCE PREVENTION.
County shall make all reasonable efforts to ensure its employees, officials and subcontractors
do not engage in violence while performing under this Agreement. Violence is as defined by
the County Policy 5517 Violence Prevention in the Workplace.
14. DATA PRACTICES.
A. Data Privacy and Security. The parties will comply with all applicable data practices
laws, including but not limited to the Minnesota Government Data Practices Act
(MGDPA), Minn. Stat. Ch. 13 and the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
The parties are mindful that when exchanging private data only the minimum necessary
will be provided. The exchange, use and protection of private data must comply with
and be documented with a signed Dakota County Informed Consent to Release Private
Data form.
All data created, collected, received, stored, used, maintained, or disseminated by the
parties in the performance of their roles and responsibilities are subject to the
requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
This paragraph is required by the MGDPA and includes the remedies set forth in Minn.
Stat. § 13.08.
B. Health Information and Chemical Dependency Data. If applicable, the parties agree to
comply with the requirements of the Health Insurance Portability and Accountability
Act (“HIPAA”) and the Health Information Technology for Economic and Clinical
Health Act (“HITECH”) and any other applicable state or federal law. This includes
health data laws, including the Minnesota Health Records Act, Minn. Stat. §§
144.291.298, and 42 CFR Part 2 Confidentiality of Alcohol and Drug Abuse Patient
Records.
C. Records. Each party is responsible for maintaining, securing, and managing its own
records. The records will be maintained in accordance with each party’s applicable
record retention schedule. The parties will work cooperatively to ensure any reporting
requirements under this agreement are fulfilled.
D. Obtaining and Sharing Information. All necessary Tennessen Warning notices,
consents, releases, and authorizations shall be obtained prior to the collection, release,
exchange, or discussion of not public data, as that term is defined in Minn. Stat. § 13.02,
subd. 8a, unless such data collection, release, exchange, or discussion is otherwise
permitted by law or court order.
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E. Data Storage. As part of the roles and responsibilities of the Coordinator, data related to
DCSS functions, as defined by statute, will be documented in the Social Services
Information System (SSIS). DCSS data collected for the Pilot evaluation will be
recorded in a password protected database or spreadsheet within the DCSS network.
Law enforcement will not be given access to SSIS.
The terms of this Section shall survive the termination or expiration of the agreement and/or
Pilot.
15. COMPLIANCE WITH APPLICABLE LAW.
County and City agree to comply with all federal, state and local laws or ordinances, and all
applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to its performance of the
provisions of this Agreement. It shall be the obligation of County and the City to apply for, pay
for, and obtain all permits and/or licenses required by any governmental agency for City or
County's participation in this program.
16. AUDIT.
Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures
and practices of the parties are subject to examination by City or County or designees, the State
Auditor or the Legislative Auditor, as appropriate, for a minimum of six years from the end of
this Agreement.
17. AMENDMENTS.
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be
valid only after it has been reduced to writing and duly signed by both parties.
18. INTERPRETATION OF AGREEMENT; VENUE.
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota. All litigation regarding this Agreement shall be venued in the appropriate state or
federal district court in Dakota County, Minnesota.
19. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties and shall supersede all
prior oral or written negotiations.
WHEREFORE, this Agreement is duly executed on the last date written below.
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CITY OF HASTINGS DAKOTA COUNTY
By
Mary Fasbender, Mayor
Dated:
______________________________________
Approved as to form and insurance:
Approved as to form:
___________________________________ /s/ G Paul Beaumaster 12/22/2021
Kori Land, City Attorney/Date Assistant County Attorney/Date
KS-20-110-0004
Board Res. No. 20-449
Contract No. C0033266.1
Kelly Murtaugh, City of Hastings Administrator Jennifer Reynolds, Sr. Administrative Coordinator
Dated:
to the Board
Dated: 12/28/2021 | 3:55 PM CST
By
Mary Liz Holberg , Chair
Dated:
12 /29/2021 | 10:17 AM CST
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