HomeMy WebLinkAboutVIII-13 Authorize Signature - Joint Powers Agreement - Social Services Embedded Social Worker and Public Safety City Council Memorandum
To: Mayor Fasbender and City Council Members
From: David Wilske, Chief of Police
Date: August 1st, 2022
Item: Law Enforcement and Social Services Embedded Social Worker JPA
Council Action Requested:
Approve the JPA between City of Hastings and Dakota County Social Services Embedded Social
Worker
Background Information:
The purpose of the Embedded Social Worker Model is to implement a more coordinated
response by the parties to address increased law enforcement involvement in calls for service that
may require the need for services and programs offered by County. The implementation will take
place utilizing a Mental Health Social Worker position. In this model a Social Services mental
health social worker works closely with an assigned police officer to provide follow-up, service
coordination and crisis stabilization services following a mental health crisis event. Crisis
follow-up services link residents to other short- and long-term support services and are an
essential component of an effective crisis services continuum
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
BETWEEN CITY OF HASTINGS AND DAKOTA COUNTY
FOR SOCIAL SERVICES EMBEDDED SOCIAL WORKER & PUBLIC SAFETY
THIS JOINT POWERS AGREEMENT (“Agreement” or “JPA”) is made and entered into by
and between the City of Hastings, by and through its City Council, 150 3rd St E. Hastings, MN 55033
(“City” or “Cities”) and Dakota County, by and through its Community Services Department
(“DCCS”), 1 Mendota Rd. W., West St. Paul, MN 55118 (hereinafter “County”).
WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, Cities 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 Cities and County in
accordance with applicable federal, and state, laws, statutes, rules and regulations; and
WHEREAS, Cities desire to receive services from County to assist people who need mental
health crisis services on a prompt basis to protect their health, safety, and welfare; and
WHEREAS, County is entering into agreements similar to this Agreement with other cities in
Dakota County and for convenience, “City” or “Cities” herein shall mean the City of Hastings, unless
the context clearly notes otherwise.
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 Embedded Social Worker Model is to implement a more coordinated response
by the parties to address increased law enforcement involvement in calls for service that may
require the need for services and programs offered by County. The implementation will take
place utilizing a Mental Health Social Worker position. In this model a Social Services mental
health social worker works closely with an assigned police officer to provide follow-up, service
coordination and crisis stabilization services following a mental health crisis event. Crisis follow-
up services link residents to other short- and long-term support services and are an essential
component of an effective crisis services continuum.
2. TERM.
This Agreement will become effective on the last date that the Agreement has been executed
by Cities and County, through 12:00 A.M. on December 31, 2024, and unless terminated in
writing. This Agreement may be terminated with or without cause by either Cities or County
upon ninety (90) days' written notice to the other party to this Agreement.
Notwithstanding the above, Cities may immediately terminate this Agreement at any time if
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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.
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 and invoices, if any, to be submitted and payments
made shall be provided to the following named persons unless otherwise stated in this
Agreement:
TO COUNTY: TO CITIES:
Marti Fischbach David Wilske, Chief of Police
Community Services Director Hastings Police Department
Marti.Fischbach@co.dakota.mn.us DWilske@hastingsmn.gov
(651) 554-6560 (651) 480-2306
4. COUNTY'S RESPONSIBILITIES.
County hereby agrees to:
A. Provide and supervise the Social Worker positions, as staffing availability allows,
which may include individual(s) licensed as a Mental Health Professional (Minn. Stat.
§ 245.462, subd. 18), Social Worker, or Coordinator, who will have the following duties
and responsibilities:
1. Provide over-all 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, crisis continuum and available 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. Respond, when available and assistance is requested, with Law Enforcement to
a mental health crisis or emergency, consistent with roles and responsibilities
defined in Minn. Stat §§ 256B.0624 and 256B.0944, and in coordination with
the DCSS’s 24 hours, seven days a week, CRU.
5. 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
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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;
6. 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);
7. 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;
8. Create procedures to guide work for the duration of the JPA;
9. Implement evaluation pursuant to Section 8;
10. Coordinate with Embedded Social Work partners in other jurisdictions
B. Provide necessary resources to support the Social Workers with equipment and training
to facilitate work activities,
C. Facilitate connection and “warm handoffs” to the various services and programs within
County and to community resources and service providers; and
D. Maintain a database of evaluation data and report summary data to all cities with similar
agreements.
E. Participate in meetings between Dakota County cities with similar agreements and
County staff members to review the services provided pursuant to the Agreement.
5. CITIES' RESPONSIBILITIES.
Cities hereby agrees to:
A. Identify and dedicate resources to:
1. Work with the Social Worker for administration, coordination and assessment;
2. Coordinate education of officers and other Law Enforcement staff about the JPA
and DCCS programs and services including the role and responsibilities of the
CRU;
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3. Educate and train the Social Worker and any other participating DCCS 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 Social Worker who may benefit from
follow up;
5. Work with the Social Worker, 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 Social Worker, the CRU and DCSS mental health professionals
to develop the crisis response plan as provided in Section 4;
7. Work with the Social Worker to create procedures to guide work for the
duration of the JPA; and
8. Work with the Social Worker to provide information for evaluation pursuant to
Section 8;
9. Provide Social Worker with a work space, office equipment and necessary
internet and other connections needed to perform job duties.
6. JOINT RESPONSIBILITIES.
The parties hereby jointly agree to:
A. Meet regularly during the term of the JPA 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 DCCS or other agencies.
D. Commit to training on policy and procedures for the JPA and for use of the CRU.
E. Attend joint Co-Response project meetings convened to discuss countywide Co-
Response trainings and programs as well as attend relevant countywide trainings or
programs.
7. STEERING COMMITTEE OVERSIGHT AND IMPLEMENTATION.
The JPA activities described in Sections 4, 5 and 6 will be monitored by a Steering Committee
comprised of the DCSS Director or Deputy Director, and chief of police from the City. One
additional member from each of the Dakota County Police Departments participating with a
similar Agreement with the County shall be designated by each jurisdiction to participate in
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the Steering Committee; 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 JPA. The responsibilities of the
Steering Committee include:
A. To provide strategic oversight for the JPA, including defining scope, priority, desired
results and key deliverables;
B. To serve as advocates for the JPA, garnering support, removing obstacles, and resolving
escalated issues;
C. To obtain and allocate resources to support the design, implementation and evaluation
of the JPA throughout its duration;
D. To provide feedback and decisions in response to recommendations from the system
stakeholders;
E. To monitor and evaluate JPA progress;
F. To designate key subject matter experts, as needed, to support specific components of
the JPA planning, design or operations; and
G. To designate staff to oversee and manage day-to-day activities and implement the
strategic operations of the JPA;
8. EVALUATION.
The JPA will be evaluated according to an evaluation design, that is collaboratively developed
by the parties. DCCS will have the lead role in collecting and presenting summary data to the
parties along with a briefing of JPA activities due no less than on the last day of the month
following the end of each full year term with quarterly reports made available upon request.
9. INDEPENDENT CONTRACTOR.
It is agreed that nothing contained in this Agreement is intended or should be construed as
creating the relationship of agents, partners, joint ventures, or associates between the parties
hereto or as constituting either County as the employee of the Cities 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 Cities.
10. LIABILITY AND INDEMNIFICATION.
A. County and Cities 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
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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 Minnesota Statutes, Section 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. la, 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
Cities.
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, marital status, status with regard to public assistance, sexual
orientation, disability, or age. When required by law or when validly requested by Cities,
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, as defined by the Dakota County Policy 5517 Violence Prevention
in the Workplace, while performing under this Agreement.
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
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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
data will be provided. The exchange, use and protection of private data must be in
compliance with the signed Dakota County Informed Consent to Release Private Data.
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.
E. Data Storage. As part of the roles and responsibilities of the Social Worker, data related
to DCCS functions as defined by statute will be documented in the Social Services
Information System (SSIS). DCCS data collected for the Pilot evaluation will be
recorded in password protected database or spreadsheet within the DCCS 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
Partnership.
15. COMPLIANCE WITH APPLICABLE LAW.
County and Cities 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 Cities to apply for,
pay for, and obtain all permits and/or licenses required by any governmental agency for Cities
or County’s participation in this JPA.
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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 Cities 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.
20. ELECTRONIC SIGNATURES.
Each party agrees the electronic signatures of the parties included in this Contract are intended to
authenticate this writing and to have the same force and effect as wet ink signatures.
CITY OF HASTINGS COUNTY OF DAKOTA
By: By:
Mary Fasbender, Mayor Mary Liz Holberg, Chair
Hastings City Council Dakota County Board of Commissioners
Dated: Dated:
ATTEST:
Kelly Murtaugh Jennifer Reynolds
City Clerk Sr. Administrative Coordinator to the Board
Dated: Dated:
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Approved as to form: Approved as to form:
Korine Land, City Attorney/Date Assistant County Attorney/Date
KS-2021-00603
Board Resolution No.
Contract No.
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