HomeMy WebLinkAbout2021 CON County of San Diego - Health & Human Services MOA - HOT TeamCa.
Y ac SAN DIEGO
HEALTHAND HUMAN SERVICES AGENCY
•
MEMORANDUM OF AGREEMENT
Parties
LIVE WELL
SAN DIEGO
This Memorandum of Agreement ("MOA") is made by and among the County of San Diego
("County"), by and through its Health and Human Services Agency South Region ("HHSA") and the City of
National City ("City"), by and through its National City Police Department ("NCPD"). The parties to this MOA
may be referred to herein collectively as the "Parties" or individually as a "Party."
Recitals
Whereas, HHSA provides a broad range of health and social services to community residents
and/or assists customers to seek similar services with community -based organizations at a place that is
most convenient to the customer; and
Whereas, NCPD provides law enforcement services in National City; and
Whereas, the Parties desire to supplement the Homeless Outreach Team (HOT) to provide a
trauma informed approach to address the needs of the homeless populations in National City. This
approach will help to link homeless individuals/families to needed services and resources and will help to
enhance the city's health and safety. This approach is consistent with the Live Well San Diego vision of
healthy, safe, and thriving communities; and
Whereas, the Parties desire to enter into this MOA for purposes of clarifying roles and
responsibilities, and neither Party shall receive pay or remuneration from the other Party for performance
under this MOA.
Therefore, in consideration of the foregoing recitals and the mutual covenants and promises to set
forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the
parties hereto agree as follows:
1. Administration of MOA: The following individuals serve as each Party's authorized administrative
representative of the MOA. A Party may change its administrative representative by notifying the other
party in writing of such change. Any such change will become effective upon the receipt of such notice
by the other Party. Notice of the authorized representative should be sent to each Party as follows:
Health and Human Services Agency
Barbara Jimenez, Director
Health and Human Services Agency
South Region
690 Oxford Street, Suite A
• Chula Vista, CA 91911
(619) 409-3302
Email: Barbara.Jimenez(@scicounty,ca.gov
National City Police Department
Greg Seward, Lieutenant
National City Police Department
1200 National City Blvd.
National City, CA 91950
(619) 336-4538
Email: aseward(a nationatcityca.gov
2. Parties' Responsibilities: The Parties agree that each maintains its own existing lines of authority for
activities and decisions that are distinctly its own. The Parties agree that neither will require nor demand
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operational modifications to activities that are rightfully the province of the other Party. The Parties also
agree to the following in furtherance of this MOA:
2.1. National City Police Department (NCPD1:
2.1.1. Provide NCPD Police Officers to be part of the Homeless Outreach Team (HOT) and to
provide police services.
2.1.2. Provide and/or coordinate involvement of one psychiatric clinician from the Psychiatric
Emergency Response Team (PERT) to respond when required.
2.1.3. Train HHSA staff on safety precautions.
2.1.4. Coordinate HOT activities and be the lead agency in day to day operations of HOT. NCPD
representatives shall report to supervision within their agency.
2.2. HHSA South Region:
2.2.1. Provide one (1) HSS to be part of HOT. The HSS will be available to provide the following:
2.2.1.1. Assist with applications and determine eligibility to various public assistance
programs;
2.2.1.2. Provide information on available community resources to meet specific needs of
customer(s).
2.2.2. Provide and/or coordinate involvement of one Social Worker from Medical Access Support
Unit (MASU) to assist when required.
2.2.3. Collect and make referrals as needed.
2.2.4. Provide the following equipment for use by the HSS:
2.2.4.1. Cell phone;
2.2.4.2. Laptop with WiFi capability;
2.2.4.3. Protective gear and other clothing articles, as deemed necessary for the HOT field
work, in coordination with law enforcement agency.
3. Indemnity and Insurance:
3.1 Claims Arising From Sole Acts or Omissions of a Party: Each party to this Agreement hereby
agrees to defend and indemnify the other parties to this Agreement, their agents, officers and
employees, from any claim, action or proceeding against the other parties, arising solely out of its
own acts or omissions in the performance of this Agreement. At each party's sole discretion, each
party may participate at its own expense in the defense of any claim, action or proceeding. but such
participation shall not relieve any party of any obligation imposed by this Agreement. Parties shall
notify each other promptly of any claim, action or proceeding and cooperate fully in the defense.
3.2 Claims Arising From Concurrent Acts or Omissions: The parties hereby agree to defend
themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of
the parties. In such cases, parties agree to retain their own legal counsel, bear their own defense
costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph
3.3 below.
3.3 Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 3.2 above. in
cases where parties agree in writing to a joint defense, parties may appoint joint defense counsel
to defend the claim, action or proceeding arising out of the concurrent acts or omissions of parties.
Joint defense counsel shall be selected by mutual agreement of parties. Parties agree to share the
costs of such joint defense and any agreed settlement in equal amounts, except as follows: parties
further agree that neither party may bind the other to a settlement agreement without the written
consent of both parties. Where a trial verdict or arbitration award, in a joint defense case. allocates
or determines the comparative fault of the parties, parties may seek reimbursement and/or
reallocation of defense costs, judgments and awards, consistent with such comparative fault.
3.4 Insurance: Each party shall obtain at its own cost and expense, and keep in force and effect during
the term of this MOA, including all extensions, policies of insurance or programs of self-insurance
with policy limits in sufficient amounts to cover any and all potential liabilities of such party
hereunder. Policy limits shall in no way limit either party's indemnification obligations.
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4. Conformance With Rules And Regulations: Both Parties shall conform with all applicable Federal,
State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility
and professional licensing and/or certification laws and keep in effect any and all licenses, permits,
notices and certificates as are required. Both Parties Shall further comply with Maws applicable to
wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
5. Confidentiality: Each party to this agreement is subject to its own confidentiality statutes, regulations,
rules, or policies and procedures. Each party hereby acknowledges adherence to its own applicable
confidentiality provisions in law and policy. All parties agree to maintain the confidentiality of any
information from HHSA or NCPD records, that HHSA or NCPD clients, employees or agents may have
contact with in the context of providing services under this MOA that is privileged or confidential under
all applicable federal, State, County, and local laws, rules and regulations, current and hereinafter
enacted. Release of Information obtained under this Agreement is solely for the purpose stated in this
MOA.
6. Governing Law: This MOA shall be governed, interpreted, construed and enforced in accordance with
the laws of the State of California.
7. Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of the County and
NCPD. Any benefit to any third party is incidental and does not confer on any third party to this MOA
any rights whatsoever regarding the performance of this MOA. Any attempt to enforce provisions of
this MOA by third parties is specifically prohibited.
8. Amendments to MOA: Any party•may propose amendments to this MOA by providing written notice
of such amendments to the other party. This MOA. may only be amended by a written amendment
signed by both parties.
9. Severability: If any terms or provisions of this MOA or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOA, or the
application of such term and provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and every other term and provision of this
MOA shall be valid and enforced to the maximum extent permitted by law.
10. Full Agreement: This MOA represents the full and entire agreement between the Parties and
supersedes any prior written or oral agreements that may have existed.
11. Scope of MOA: This MOA only applies to the program described herein and does not set forth any
additional current or future obligations or agreements between the parties, except that the parties may
by written amendment amend the scope of this MOA.
12. Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA),
supports the Live Weil San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well
San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that
combines the efforts of partners inside and outside County government to help all residents be healthy,
safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance
this vision. Building Better Health focuses on improving the health of residents and supporting healthy
choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods
are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting
a region in which residents can enjoy the highest quality of life.
Information about Live Well San Diego can be found on the County's website and a website dedicated
to the vision:
jlttr:l/www.sdcounty.ca,gov/hhsalorograras/sdllive well san diegolindex.html
http:l/www.LiveWellSD.orq
13. Term: This MOA shall become effective on the date all of the Parties have signed this MOA and be in
force until June 30, 2024.
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14. Termination For Convenience. Either Party may, by written notice stating the .extent and effective
date, terminate this MOA for convenience in Whole or in part, at any time.
15. Counterparts: This MOA may be executed in any number of separate counterparts, each of which shall
be deemed an original but all of which when taken together shall constitute one and the same instrument.
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Dated: 0Z ,f 7 20 By:
Dated: !1/ /r� By.
County of San Diego
NICK MA( CHIONE, FACH
Agency Director
Health and Human Services Agency
National City Police Department (NCPD)
JOSE TE ' Z
Chief of'ice 411.
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