HomeMy WebLinkAboutStaff Report 2305-14106.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between
the City of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians
to be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration Program for Three Years at $183,000 per Year (Not to exceed
$549,000); CEQA status - not a project.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: September 11, 2023
Report #:2305-1410
TITLE
Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between the City
of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians to be Deployed
on the City‘s Psychiatric Emergency Response Team (PERT) Justice and Mental Health
Collaboration Program for Three Years at $183,000 per Year (Not to exceed $549,000); CEQA
status - not a project.
RECOMMENDATION
Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between the City
of Palo Alto and County of Santa Clara (Exhibit B) to Authorize up to Two County Clinicians to be
Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and Mental Health
Collaboration Program for Three Years at $183,000 per Year (Not to exceed $549,000). Under
this Amendment, the City will pay for one clinician and the County will fund the second.
EXECUTIVE SUMMARY
PERT, a Police co-response model of responding to reported subjects potentially experiencing a
mental health crisis, is an established two-person in-field team of one clinician and one police
officer assigned to the Palo Alto Police Department Field Services Division (Patrol). The Police
Department is currently in the building phase of this program with the resourcing of one two-
person team. The Department goal is to deploy, minimally, a second two-person team on Patrol
for a total of two teams covering alternating shifts. This Amendment will provide for the County
to continue supplying the City with licensed clinicians. The County will fund the first clinician if
the City agrees to fund the second clinician. The Amendment strengthens other terms and
conditions around employment relationship and the City independent contractor relationship.
The funding for this agreement was approved in the last budget cycle. In the Amendment, the
City’s cost will not exceed $549,000 through June 30, 2026.
BACKGROUND
In 2019, in partnership with County of Santa Clara, the City established an alternative police
response model for attending to people experiencing behavioral health crises. The model,
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originally developed in Southern California, is being adopted as one of several strategies by
communities to provide urgent assistance to people in distress from a suspected or diagnosed
mental health disorder or substance use disorder. Beginning in 2021, the County provided a
behavioral health clinician to the City, funded with third-party grant money, and the City
temporarily diverted a police officer from patrol operations, sent the officer to specialized
training, and created and deployed the pilot program in Palo Alto.
As part of the FY 2023 Adopted Operating Budget, the City transitioned from pilot phase to an
established program when it provisioned a dedicated Police Officer to the team. The County
continued to hire, train, credential, and fund the clinician. A non-financial MOA was executed to
manage the relationship between the County and the City (Attachment A). A weekly shift cycle
for patrol is 24 hours per day, seven days per week. The original PERT team covers approximately
24% of the weekly shift cycle.
As the FY24 budget cycle was being developed, the County was not certain it could continue to
fund the clinician assigned to the original Palo Alto Police Department PERT team; the County
was receiving more requests from local agencies for the same services. Further, the Police
Department established a priority to have two teams deployed for enhanced coverage and
service to the community - up to 48% of a Patrol shift cycle. As a result of prioritizing up to two
teams (with one clinician per team), the FY 2024 Adopted Operating Budget included a transfer
of a portion of the fund balance from the Community Health and Safety funding in the Stanford
University Medical Center (SUMC) Fund.
Since the adoption of the FY 2024 Adopted Operating Budget, the County updated their
capabilities to fund the original clinician only if the City would commit to funding the second
clinician. This last condition is included in the attached Amendment. For a deeper dive into the
original legislative process to bring PERT to Palo Alto, refer to a staff report issued to the Policy
and Services Committee on March 9, 20211.
ANALYSIS
Palo Alto is one of several cities that the County of Santa Clara Behavioral Health Services division
is supporting in the PERT initiative. The Amendment (Attachment B) is updating the non-financial
MOA adopted in 2021. The main updates and additions proposed are to the terms and conditions
of timeline and extensions, scope of services, records and confidentiality, and relationships of
parties and financial requirements, including the agreement for the County to fund the original
clinician if the City funds the second clinician.
1 Policy and Services Committee 6/9/2021 Update: Santa Clara County Mental Health Initiatives
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=52009
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The County forecasts the expense of recruiting, hiring, and employing of one clinician at $183,000
per year. The first clinician supplied to Palo Alto will be at no charge. For the second clinician, the
County intends to invoice the City monthly, and the MOA is valid through June 30, 2026. Training
will be done by the County and the clinicians will remain employees of the County.
2 This award of contract in combination with the funding
already approved in the FY 2024 Adopted Budget completes this objective by moving the City
closer to its goal of having services available daily for a portion of the 24-hour operating cycle.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
2 4/10/2023 City Council Meeting: Consideration of additional 2023 Council Priority Objectives
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1109
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ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Page 1 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF PALO ALTO
AND
THE COUNTY OF SANTA CLARA
REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT) JUSTICE
AND MENTAL HEALTH COLLABORATION PROGRAM
The Memorandum of Agreement (MOA) between the City of Palo Alto (CITY) and County
of Santa Clara (COUNTY) regarding the Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration program is hereby amended as follows:
1. Subsections 1.1 and 1.2 under Article 1 “Term; Extensions; Termination”, are hereby
replaced in their entirety as follows:
1.1 Term of Agreement. The term of this MOA is from November 18, 2021, to June 30,
2026, or until funding is no longer available, whichever occurs first.
1.2 Extension. The term of this MOA may be extended based on availability of funds and
upon a written amendment of this MOA signed by both Parties. Any extension of this
MOA shall be contingent on the CITY and COUNTY’s review of the use, need, and
value of the PERT Program.
2. Section 2.1.c under Article 2 “Scope Of Services”, is hereby replaced in its entirety as follows:
a. 2.1.c Recruit and employ up to two (2) full time BHSD PERT Licensed Clinicians
(hereinafter “BHSD PERT Clinicians), to work with the PAPD PERT Police Officers
(hereinafter “PAPD PERT Officer) to perform the following tasks:
1) Conduct mental health evaluations and assessments of individuals, including crisis
screening, for persons with serious mental illnesses including clients who are
frequent users of emergency psychiatric services, dual diagnosed clients and
clients who are mentally ill;
2) Assist in determining the appropriate disposition supporting individuals’ needs and
safety;
3) Consult with the PAPD PERT Officer regarding disposition of individuals and law
enforcement issues;
4) Maintain knowledge of the criteria for psychiatric disorders according to the current
Diagnostic and Statistical Manual of Mental Disorders;
5) Maintain knowledge of current legal and ethical issues as they relate to mental
illness.
6) Maintain licensing as required;
7) Ensure that requirements for detention and transportation pursuant to Welfare and
Institutions Code (WIC) Section 5150 are met;
8) Provide documentation to the PAPD PERT Officer supporting the decision to detain
and transport a subject pursuant to WIC Section 5150;
9) Assist in the coordination of transportation to mental health service centers or
facilities when such support and services are deemed beneficial (regardless of
whether a 72-hour evaluation hold is issued), and there is cooperation from the
subject;
Page 2 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
10) Maintain a law enforcement security clearance;
11) Conduct presentations to educate others about the mission and focus of PERT and the
PERT Program;
12) Provide mental health training and expertise to other PAPD Department staff; and
13) Refrain from engaging in law enforcement activities that are not related to the PERT
mission and focus.
3. Subsection 2.2 under Article 2 “Scope Of Services”, is hereby modified to add the following
provisions:
p. Collaborate with the BHSD in the process of identifying the BHSD PERT Clinicians to
work with SJPD as part of the PERT workgroup.
q. Identify a designated PERT Officer to collaborate and partner with the BHSD PERT
Clinician.
r. The CITY shall collaborate with the BHSD on any PERT Clinician background clearance
prior to city assignment.
s. Issue basic tools to BHSD PERT Clinicians to perform their duties and provide
access to certain CITY facilities.
t. Collaborate with the COUNTY in determining what training, if any, is necessary
for the BHSD PERT Clinicians during the duration of the MOA.
4. Article 3 “Miscellaneous Provisions” is hereby modified to add the following
subsections:
3.8 Records and Confidentiality.
a. Records created by the BHSD PERT Clinicians, even while operating in collaboration
with CITY, shall be considered County records, free from the control and direction of any
other party to this MOA. Such records will be subject to all federal, state, and county
laws and regulations regarding the protection of client/patient privacy and confidentiality.
b. Both Parties agree that all BHSD PERT Clinicians are County employees and shall
follow the privacy requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) as applicable. The BHSD shall train all BHSD PERT Clinicians on
federal, state, and local policies and procedures with respect to the confidentiality, use
and/or disclosure of protected health information of clients as necessary and appropriate
for the BHSD PERT Clinicians to perform their functions. The BHSD shall provide the
BHSD PERT Clinicians with the appropriate Health System(s) policies and procedures,
which are subject to change from time to time. The BHSD reserves the right to take
appropriate action for violation of its policies; such action may include immediate
termination of any BHSD PERT Clinician who violates Federal, State, or local law and
policy.
3.10 Conflicts. In the event of a conflict between CITY’s PAPD PERT Officer and
COUNTY’s BHSD PERT Clinicians, regarding treatment decisions, COUNTY policy
and protocol will prevail.
5. Add Article 4 “Relationship of Parties and Financial Requirements” and its subsections as
follows:
Page 3 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
4.1 Relationship of Parties. The COUNTY acknowledges and agrees that the work/services
provided by the BHSD PERT Clinicians under this MOA are performed as an
independent contractor relative to the CITY. The BHSD PERT Clinicians are part of the
COUNTY workforce and will remain as employee of the COUNTY while providing
services under this MOA.
4.2 Funding/Financial Responsibilities. Unless amended by the Board of Supervisors and the
Palo Alto City Council, the annual contribution of the COUNTY and CITY to Program
expenses shall be as follows.
a. The COUNTY shall provide the following funding/financial responsibilities:
1) The COUNTY shall pay, up front, all personnel costs of the PERT Program (i.e.,
the fully weighted costs of salary and benefits for the BHSD PERT Clinicians) in
accordance with the COUNTY’s memorandum of understanding with applicable
bargaining unit for two (2) BHSD PERT Clinicians with the PAPD and
2) The COUNTY shall procure and supply the BHSD PERT Clinicians with a
laptop and cellphone. The initial and on-going costs for such equipment,
maintenance and/or replacement shall be incurred by the COUNTY. The
COUNTY shall retain ownership of the property at the conclusion of the MOA
term.
3) The COUNTY shall be responsible for the BHSD PERT Clinician’s payroll as
applicable.
4) The COUNTY is not obligated to provide services for which no reimbursement
will be made when the CITY’s maximum financial obligation has been fully
exhausted.
5) The COUNTY shall make a good faith effort to provide a forecast cost changes
in advance of February of each year to facilitate the budget process for the
following fiscal year that begins on July 1.
6) The COUNTY shall be solely responsible for one (1) BHSD PERT Clinicians’
salary and benefits.
b. The CITY shall provide the following funding/financial responsibilities:
1) The CITY shall reimburse the COUNTY for up to one (1) fulltime BHSD PERT
Clinicians’ salary and benefits.
2) The CITY’s maximum financial obligation shall not exceed $549,000 through
the term of this Agreement.
3) The CITY shall reimburse the County up to $183,000 for one (1) PERT clinician,
per fiscal year (FY), starting FY 2024 through 2026.
4) The CITY shall not be liable for any costs above the $183,000 for the BHSD
PERT Clinician per fiscal year.
5) The CITY shall provide the BHSD PERT Clinicians with a fitted protective vest
at its sole expense.
6) The CITY shall pay for (or reimburse the COUNTY for) expenses such as the
registration, meal per diem, and lodging for any required attendance by the
BHSD PERT Clinician to any conference, workshop, or training program(s).
7) The CITY shall make a good faith effort to provide a forecast of funding changes
in advance of February of each year to facilitate the budget process for the
following fiscal year that begins on July 1.
c. Both the COUNTY and CITY shall collaboratively determine what training, if any, is
necessary during the duration of the MOA. If training funds are not identified in this
MOA, then COUNTY and CITY shall collaboratively determine funding sources.
Page 4 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
4.3 Staffing. The CITY shall be involved with the process of identifying the BHSD COUNTY
PERT Clinicians to work from PAPD as part of the PERT workgroup. The program shall
consist of up to two (2) full time BHSD PERT Clinicians who must be licensed to
provide mental health services by appropriate State of California licensing authorities.
a. The BHSD COUNTY PERT Clinicians shall be required to participate in a CITY
background investigation and be fingerprinted, with subsequent arrest notification,
prior to beginning work with the CITY.
b. The CITY shall issue the BHSD COUNTY PERT Clinicians basic tools to perform
their duties and provide access to certain CITY facilities.
c. The BHSD COUNTY PERT Clinicians shall follow all CITY policies while
performing services under this MOA.
4.4 Invoicing and Payment. The COUNTY shall be required to create and implement a
timekeeping system to account for COUNTY staff time to be validated by CITY staff. In
turn, the COUNTY shall invoice the CITY monthly for reimbursement. Both CITY and
COUNTY representatives shall be required to monitor the monthly cost for the COUNTY
PERT Clinician.
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Page 5 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
Except as set forth herein, all other terms and conditions of the MOA shall remain in full force and effect;
provided, however, in the event of any conflict between the terms of this First Amendment and the MOA,
the terms of this First Amendment shall control. The MOA as amended by this First Amendment
constitutes the entire MOA of the parties concerning the subject matter herein and supersedes all prior
oral and written agreements, representations, and understandings concerning such subject matter.
IN WITNESS WHEREOF, the parties have executed this First Amendment as set forth below.
“COUNTY” County of Santa Clara
Susan Ellenberg, President Date
Board of Supervisors
Signed and certified that copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors.
“CITY” City of Palo Alto, a Municipal
Corporation and Charter City
City Manager Date
Office of the City Manager
APPROVED AS TO FORM AND LEGALITY:
Megan Wheelehan Date
Deputy County Counsel
APPROVE AS TO FORM:
Assistant City Attorney Date
APPROVED:
Sherri Terao, Ed.D. Date
Director
Behavioral Health Services Department
APPROVED:
Chief of Police Date
City of Palo Alto
APPROVED:
Vincent DePaul Robben Date
Health Care Financial Manager
County of Santa Clara Health System
Page 1 of 6
MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF PALO ALTO
AND
THE COUNTY OF SANTA CLARA
REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT) JUSTICE
AND MENTAL HEALTH COLLABORATION PROGRAM
WHEREAS, the mission of the City of Palo Alto (hereinafter “CITY”) is to provide quality
public services, facilities and opportunities that create, sustain, and enhance a safe, livable, and
vibrant community for its diverse residents, businesses, and visitors. CITY’s Palo Alto Police
Department (hereinafter “PAPD”) is a progressive and professional organization dedicated to
maintaining community partnerships which promote a high quality of life for the City’s diverse
population; and
WHEREAS, the mission of the County of Santa Clara (hereinafter “COUNTY”) is to plan
for the needs of a dynamic community, provide quality services, and promote a healthy, safe and
prosperous community for all; and
WHEREAS, COUNTY and CITY seek to collaborate to increase public safety and reduce
recidivism among high risk people with mental illnesses and co-occurring mental illness and
substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health
Collaboration Program (or “PERT Program”); and
WHEREAS, the partners listed above have agreed to enter into a collaborative agreement in
which CITY and COUNTY Behavioral Health Services Department will be partners on this
collaborative effort to combine the unique resources, skills, experience and training of personnel
from two different professions (law enforcement and mental health services) to provide the best
possible response to situations involving persons with mental illness; and
WHEREAS, the partners herein desire to enter into a Memorandum of Agreement setting
forth the roles, responsibilities and services to be provided by the PERT Program; and
WHEREAS, the agencies recognize the need for cross-system collaboration to improve
responses and outcomes for individuals with mental illnesses and substance abuse who come into
contact with the justice system; and
WHEREAS, the partners recognize the need to increase public safety and to provide rapid
intervention to a person in mental health crisis by de-escalating the situation and helping to
stabilize the person in the least restrictive way possible, and then striving to get that person the help
they need; and
WHEREAS, the partners are committed to providing services to those in need regardless of
their ethnicity, gender, gender identity, sexual orientation, origin, religious or political beliefs,
and/or creed;
DocuSign Envelope ID: A57D4429-C8D5-4330-8137-C6FC3CB4498C
Page 2 of 6
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
ARTICLE 1
TERM; EXTENSIONS; TERMINATION
1.1 Term of Agreement. The initial term of this Memorandum of Agreement (MOA) is from the date the
MOA is executed to 6/30/2026.
1.2 Extension. This MOA may be extended to through the term of funds available from the
Mental Health Services Act and upon a written amendment of this MOA signed by both Parties.
Extension of this MOA shall be contingent on COUNTY’s review of the use, need, and value of the
PERT Program and COUNTY’s budget to ensure that the Behavioral Health Services Department
(BHSD) PERT clinician(s) can be continued for each successive term.
1.3 Termination without Cause. Any Party may terminate this MOA without cause by providing
sixty (60) day written notice.
ARTICLE 2
SCOPE OF SERVICES
2.1 COUNTY will provide the following for the PERT Program:
a. Participate in proactive responses for high risk individuals with mental illness in
conjunction with the PAPD PERT officer.
b. Develop and modify protocols for PERT Program response and information sharing
policies and procedures as necessary.
c. Identify a BHSD PERT Clinician to work with the PAPD PERT officer to perform the
following tasks:
1. Conduct mental health evaluations and assessments of individuals, including
crisis screening, for persons with serious mental illnesses including clients who
are frequent users of emergency psychiatrist services, dual diagnosed clients
and clients who are mentally ill.
2. Assist in determining the appropriate disposition supporting individuals’ needs
and safety.
3. Consult with PERT officer regarding disposition of individuals and law
enforcement issues.
4. Maintain knowledge of the criteria for psychiatric disorders according to the
current Diagnostic and Statistical Manual of Mental Disorders.
5. Maintain knowledge of current legal and ethical issues as they relate to mental
illness.
6. Maintain licensing as required.
7. Ensure requirements for detention and transportation pursuant to Welfare and
Institutions Code (WIC) Section 5150 are met.
8. Provide documentation to the PERT officer supporting the decision to detain and
transport a subject pursuant to WIC Section 5150.
9. Assist in coordination of transportation to mental health service centers or
DocuSign Envelope ID: A57D4429-C8D5-4330-8137-C6FC3CB4498C
Page 3 of 6
facilities when such support and services would be beneficial (regardless of
whether a 72-hour evaluation hold is issued), and there is cooperation from the
subject.
10. Maintain a law enforcement security clearance.
11. Conduct presentations to educate others about the mission and focus of PERT and
the PERT Program.
12. Provide mental health training and expertise to other Department staff.
13. The PERT clinician shall not engage in law enforcement activities that are not
related to the PERT mission and focus.
d. Identify trainings that PAPD law enforcement should receive to help PAPD officers
identify and respond to individuals with mental illnesses.
e. Work with PAPD to identify trainings that may be provided to officers with
perishable skills training to respond appropriately to incidents involving individuals
with mental illness and substance abuse. Any identified courses and trainings must be
certified by POST to ensure a consistent level of quality.
2.2 CITY will provide the following for the PERT Program:
a. Develop a detailed policy, procedure, process, and plan on implementing a specialized
police-mental health PERT Justice and Mental Health Collaboration Program.
b. Expand training for law enforcement to identify and respond to individuals with
mental illness and provide cross-training of criminal justice and mental health
personnel.
c. Establish a dedicated PAPD officer(s) to work with the COUNTY BHSD PERT
clinician.
d. Assume primary responsibility for site control when responding to a crisis situation.
e. Assume role of primary responder when engaged with BHSD PERT clinician.
f. Determine whether phone consultation or on-site consultation is needed from the BHSD
PERT Clinician.
g. Coordinate training exercises with BHSD PERT clinician to ensure proper collaboration
when needed during a crisis situation.
h. Collaborate with the BHSD PERT clinician by participating in trainings and meetings to
ensure proper understanding of roles and responsibilities during crisis situations.
i. Facilitate transportation for clients to the appropriate receiving facility when a
5150 has been placed by the BHSD PERT clinician in response to a call for service
to PAPD.
j. Agree to provide review on overall effectiveness on BHSD PERT clinician
deployments.
k. Agree to provide information to BHSD PERT clinician regarding individuals who
are involved in a crisis incident, when such information provides critical value to
the safe resolution of those incidents.
l. The officer will assess the situation in regard to safety for the officer, the BHSD
PERT Clinician, the consumer, and bystanders. The officer will provide safety on
scene at all times. The officer will evaluate the subject for any criminal behavior,
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as appropriate.
m. The officer and PERT Clinician will offer referrals or other assistance as the
situation warrants, and if needed will assist the individual to the appropriate setting
(either voluntarily or involuntarily).
n. Modify and enhance policies, procedures, and protocols for PERT Program and
information sharing process as necessary.
o. While working in conjunction with the PERT Clinician, collaborate with BHSD
Clinicians to draft and submit a Monthly Program Narrative Report to County
no later than seven (7) days after the end of each month. The Quarterly
Narrative Report shall include a summary of the PERT Program’s performance
goals, milestones achieved, and any issues/concerns encountered during the
reporting period.
ARTICLE 3
MISCELLANEOUS PROVISIONS
3.1 Collaboration. CITY and COUNTY have jointly developed this MOA. All PERT Program
partners are committed to working together to achieve stated project goals through monthly meetings
designed to develop and implement the project as well as monitor and evaluate the project. PERT Program
Partners will meet informally more often and as needed.
3.2 Record Retention. CITY and COUNTY will maintain a ll documents and records which
demonstrate performance under this MOA for a minimum period of three (3) years, from the date of
termination or completion of this MOA.
3.3 Compliance with Non-Discrimination and Equal Opportunity Laws: CITY and COUNTY
shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in
employment and contracting, including but not limited to the following: Santa Clara County’s policies
for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as
amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967;
the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair
Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102,
and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. CITY and COUNTY shall not
discriminate in the provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital
status.
3.4 California Public Records Act. The Parties are public agencies subject to the disclosure
requirements of the California Public Records Act (“CPRA”). In the event either Party receives a
CPRA request for records related to the PERT program the Parties shall collaborate to comply with the
CPRA and to prevent disclosure of exempt records, such as medical or mental health records.
3.5 Contract Execution. Unless otherwise prohibited by law or County policy, the parties
agree that an electronic copy of a signed contract, or an electronically signed contract, has the
same force and legal effect as a contract executed with an original ink signature. The term
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“electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or
other electronic means of a copy of an original signed contract in a portable document format.
The term “electronically signed contract” means a contract that is executed by applying an
electronic signature using technology approved by the County.
3.6 Indemnification and Insurance
a. Indemnification. In lieu of and notwithstanding the pro rata risk allocation, which might
otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties
agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead,
COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties
hereto shall fully indemnify and hold each of the other Parties, their officers, board members,
employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to such party
under this MOA. No party, nor any officer, board member or agent thereof shall be responsible for
any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct
of the other Parties hereto, their officers, board members, employees, or agents, under or in
connection with or arising out of any work authority or jurisdiction delegated to such other Parties
under this MOA.
b. Insurance. Without limiting the indemnification of either party to this Agreement, each party
shall maintain or cause to be maintained throughout the term of the Agreement the following insurance
coverage: (i) a policy of commercial general liability with limits of liability not less than one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy
of automobile liability with limits of liability not less than one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) annual aggregate (iii) a policy of workers’
compensation providing statutory coverage; and (iv) such other insurance or self-insurance as shall be
necessary to insure it against any claim or claims for damages arising under the Agreement. Insurance
afforded by a commercial general liability policy shall be endorsed to provide coverage to the other
party of the Agreement as an additional insured. Each party to this Agreement shall provide a
Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements
of this section may be satisfied by the provision of similar coverage through a self-insurance program.
3.7 Notices. All notices required under the terms of this MOA will be in writing and must be
transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt
requested, addressed to the parties as set forth below:
COUNTY OF SANTA CLARA: CITY OF PALO ALTO:
Bruce Copley, Director Office of the City Manager
BHSD Access and Unplanned Services CityMgr@cityofpaloalto.org
bruce.copley@hhs.sccgov.org 250 Hamilton Avenue
828. S. Bascom Ave., Suite 200 Palo Alto, CA 94301
San Jose, CA 95128 (650) 329-2392
(408) 885-3957
DocuSign Envelope ID: A57D4429-C8D5-4330-8137-C6FC3CB4498C
Page 6 of 6
By signing below, each agency approves the conditions set forth in this MOA as well as the
submitted application and proposed project budget.
“COUNTY” County of Santa Clara
Date
“CITY” City of Palo Alto, a Municipal
Corporation and Charter City
APPROVED AS TO FORM AND LEGALITY:
Date
APPROVE AS TO FORM AND
LEGALITY:
APPROVED:
Date
APPROVED:
Date
DocuSign Envelope ID: A57D4429-C8D5-4330-8137-C6FC3CB4498C
11/18/2021