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HomeMy WebLinkAbout6.j. Joint Powers Agreement – City of Rosemount and Dakota County Social Services Embedded Social Worker & Public Safety EXECUTIVE SUMMARY City Council Meeting: October 18, 2022 AGENDA ITEM: Joint Powers Agreement – City of Rosemount and Dakota County Social Services Embedded Social Worker & Public Safety AGENDA SECTION: Consent PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.j. ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve and sign the Joint Powers Agreement between the City of Rosemount and Dakota County Social Services for the embedded social worker and/or Coordinated Community Response program BACKGROUND Following a significant uptick in mental health related calls for service, our Department partnered with Dakota County Social Services to start a pilot program that embedded a social worker into police operations for 20 hours a week; the program is called Coordinated Community Response (CCR). Since its inception, the Department and our community has experienced significant progress and benefits. Primarily, those individuals struggling with mental health in the community are now receiving more holistic, collaborative, and prompt resources when in need. Equally important, social workers have educated law enforcement, and vice versa, law enforcement has educated social workers to information, resources, and/o r planning that was not possible before the embedded program. For example, in 2022 alone our CCR team has already been referred nearly 300 calls for service in just the first 10 months. This means individuals in our community have been provided better resources and organization, we have seen a reduction of calls for service with some individuals, and overall stabilization efforts have improved across our jurisdiction. The attached JPA details a 2-year agreement that is no longer considered a “pilot” program. The goal of the program continues to be effective with response, efficient with system resources (i.e. law enforcement and social services), provide stabilization resources more readily, and divert individuals before they enter the criminal justice system, emergency system, or other more restrictive options. The City Attorney has reviewed and approved this attached JPA. RECOMMENDATION Staff recommends the Council approve the JPA for the Coordinated Community Resp onse program. 1 JOINT POWERS AGREEMENT BETWEEN CITY OF ROSEMOUNT 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 Rosemount, by and through its City Council, 2875 145th St W., Rosemount, MN 55068 (“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, Cit ies 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 Cit ies and County in accordance with applicable federal, and state, laws, statutes, rules and regulations; and WHEREAS, Cit ies 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 Rosemount, 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 Cit ies or County upon ninety (90) days' written notice to the other party to this Agreement. 2 Notwithstanding the above, Cit ies 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. 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 Mikael Dahlstrom, Chief of Police Community Services Director Rosemount Police Department Marti.Fischbach@co.dakota.mn.us Mikael.Dahlstrom@ci.rosemount.mn.us (651) 554-6560 (651) 440-2151 4. COUNTY'S RESPONSIBILITIES. County hereby agrees to: A. Provide 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. 3 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 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. F. Supervise all Social Workers provided under the terms of this Agreement. 5. CITIES' RESPONSIBILITIES. Cities hereby agree to : A. Identify and dedicate resources to: 1. Work with the Social Worker for administration, coordination and assessment; 4 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; 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. 5 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 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 monito r 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 alo ng 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 Cit ies 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 Cit ies. 10. LIABILITY AND INDEMNIFICATION. A. County and Cit ies agree to indemnify, defend and hold harmless the other, its officers, 6 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, arisin g 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 for th 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 t o 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 Cit ies . 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 Cit ies, 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. 7 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 data will be provided. The exchange, use and protection of private dat a 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 8 provisions of this Agreement. It shall be the obligation of County and the Cit ies to apply for, pay for, and obtain all permits and/or licenses required by any governmental agency for Cit ies or County’s participation in this JPA. 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 Cit ies or County or designees, the State Auditor or the Legislative Audit or, 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 ROSEMOUNT COUNTY OF DAKOTA By: By: Bill Droste, Mayor Mary Liz Holberg, Chair Rosemount City Council Dakota County Board of Commissioners Dated: Dated: ATTEST: Erin Fasbender Jennifer Reynolds City Clerk Sr. Administrative Coordinator to the Board Dated: Dated: 9 Approved as to form: Approved as to form: Mary D. Tietjen, City Attorney/Date Assistant County Attorney/Date KS-2021-00603 Board Resolution No. Contract No.