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20-1598ORDINANCE NO.20- 1598 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH DENTON COUNTY MENTAL HEALTH AND MENTAL RETARDATION CENTER (MHMR) RELATED TO A GRANT AWARDED TO MHMR FROM THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA), COVID-19 EMERGENCY RESPONSE FOR SUICIDE PREVENTION GRANT PROGRAM; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY MANAGER IN FURTHERANCE OF THIS GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) and Denton County Mental Health and Mental Retardation Center (“MHMIC’) enjoy a collaborative relationship in providing services to individuals and families in Denton; and WHEREAS, the City and IVIHMR (collectively, “Parties”) desire to enter a Memorandum of Understanding (“MOU”) setting forth the services to be provided under the Grant awarded to MHMR by SAMHSA; and WHEREAS, the City and MHMR agree and by the execution hereof are bound to the mutual obligations outlined in the MOU; and WHEREAS, the City Council of the City of Denton hereby finds that the MOU between the City and MHMR serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the city of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2: That the City Manager or his designee is authorized to execute the Memorandum of Understanding with Denton County MHMR to carry out the duties and responsibilities of the City under the MOU, which is attached hereto as Exhibit “A” and made a part hereof for all purposes. SECTION 3: That all prior actions taken by the City Manager in furtherance of the SAMHS A Grant and MOU are hereby ratified. SECTION 4: That this Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by ?CQ \ (He\+za and : : of: i =ivrEg :=t:N } ]: qiIIIIn\ 1(1=1\Ib 1C L11\ \ ; this finance was passed and approved by M NJa,Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Mleltzer, At Large Place 6: V’ ,/r 36 Z vr \/ PASSED AND APPROVED this the day of 2020 ATTEST: ROSA RIOS, CITY SECRETARY . ZZ?2 _Zak APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY MEMORANDUM OF UNDERSTANDING between DENTON COUNTY IVIHIVIR and THE DENTON POLICE DEPARTMENT 1) PARTIES This Memorandum of Understanding (MOU) is entered into between the Denton Police Department (DPD) and Denton County MHMR Center (MHMR). The parties agree to abide by the terms and provisions of the MOU throughout its duration. II) PURPOSE The purpose of this MOU is to establish a cooperative and mutually beneficial working relationship between the parties with the goal of identifying persons experiencing a mental health illness or crisis and subsequently providing access to and linking them with available mental health and social services in the community, including medical and behavioral health services. The Substance Abuse and Mental Health Services Administration has awarded the COVID-19 Emergency Response for Suicide Prevention grant to MHMR. This MOU establishes the responsibilities of each agency regarding the grant. The Denton County MHMR Center is the primary provider of mental health services with five facilities that offer community-based behavioral health services within Denton County. Services provided include Assertive Community Treatment (ACT), case management, cognitive behavioral therapy, crisis hotline, Mobile Crisis Outreach Team (MCOT), hospital liaison, intake and referral, out-patient psychiatric, and skills training. The 24-hour psychIatric triage facility provides crisis assessments for all ages and performs post-booking jail diversion with the MCOT. The mission of the Denton Police Department is to make Denton a safe, sustainable, and livable city for everyone, by keeping victims safe and holding offenders accountable. The sanctity of human life is the foundation by which the Denton Police Department serves, and the Department is committed to leveraging technology, innovation, collaboration, and imagination to make us trusted and respected by our diverse community. Through this MOU, Denton Police Department will gain direct access to the services offered by MHMR, and thus potentially make the Department’s mission and vision more successful and efficient while improving services to the City of Denton. III) DURATION (a) (b) (C) This MOU shall be effective on the date the MOU is signed by the last signing party, as indicated by the date under that party’s signature, and shall remain in full force and effect until the MOU is terminated by the parties in accordance with the terms set forth herein. Either party, with the intent to terminate this MOU, shall provide 30 days written notice to the other party. The terms of this MOU may be amended upon written approval by both parties and their designated representatives. The amendment becomes effective upon the date of approval. IV) RESPONSIBILITIES OF THE DENTON COUNTY MHMR CENTER (a) MHMR shall provide 6 iPads to be used by on-duty officers trained in crisis intervention techniques so that the Mobile Crisis Outreach Team can complete crisis assessments by an audio-visual platform instead of telephone. (b) MHMR shall provide Applied Suicide Intervention Skills (ASIST) training to Denton PD officers V) RESPONSIBILITIES OF THE DENTON POLICE DEPARTMENT (a) DPD shall provide a room in the training center to accommodate training. (b) DPD shall store the iPads in a secure location when not in use. VI) TRAINING All training of DPD personnel pertaining to the responsibilities outlined in this MOU, including but not limited to, training about crisis intervention techniques and de-escalation, suicide risks and protective factors, and best practice interventions shall be a collaborative effort between DPD and MIHMIR. VII) REPORTING AND DOCUMENTATION (a) Data compilation and reporting process will be coordinated between DPD and MHMR. (b) Both parties shall communicate regularly to ensure that MHMR and DPD are sharing all appropriate information regarding the program. VIII) OTHER PROVISIONS (a) it is understood by both parties that each should fulfill its responsibilities under this MOU in accordance with the provisions of law and regulations that govern their activities. Nothing in this MOU is intended to negate or otherwise render ineffective any such provisions or operating procedures. If at any time either party is unable to perform its functions under this MOU consistent with such party’s statutory and regulatory mandates, the affected party shall immediately provide written notice to the others to establish a date for mutual resolution of the conflict. (b) it is expressly understood and agreed by the parties that nothing contained in this MOU shall be construed to create a joint venture, partnership, agency, or other affiliation, or like relationship. It is specifically agreed that the relationship between the parties is and shat remain that of independent parties to a contractual relationship as set forth in this MOU. No party is authorized to enter into any contract, warranty, or representation as to any matter on behalf of any other party. No party shall be bound by the acts or conduct of any other party (c) Each party shall be responsible for the supervision, daily direction, and control of its own employees. Each party shall be solely responsible for payment of salary, including withholding of applicable income truces and social security, workers’ compensation, disability benefits and like requirements and obligations for its employees. (d) MHMR hereby releases and agrees to INDEMNIFY AND HOLD HARMLESS the City of Denton, the Denton Police Department, its officers, agents, officials, and employees from liability for any property damage, personal injuries, death, or any loss sustained by MHMR, its employees, agents, or officials arising from MHM R’s responsibilities under this MOU, EVEN IF SUCH DAMAGE, INJURY, DEATH OR LOSS IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OR OTHER FAULT OF THE CITY OF DENTON, THE DENTON POLICE DEPARTMENT, OR ITS OFFICERS, AGENTS, OFFICIALS, AND EMPLOYEES. (e) MHMR further agrees to INDEMNIFY AND HOLD HARMLESS the City of Denton, the Denton Police Department, its officers, agents, officials, and employees, from any liability, judgements, claims, or that may be incurred or suffered by the City of Denton, the Denton Police Department, its employees, agents, or officers, as a result of any act or omission by or caused by MHM R, its employees, agents, or officials arising from MHMR’s responsibilities under this MOU. (f) This MOU is subject to the Constitution and laws of the State of Texas and the Charter and Ordinances of the City of Denton. Any lawsuit in connection with this MOU shall be in a court of competent jurisdiction in Denton County, Texas. IX) CONFIDENTIALITY AND SHARING OF INFORMATION (a) DPD and MHMR personnel shall be knowledgeable and abide with the provisions of the law pertaining to confidentiality of information related to a consumer’s mental history and other medical records, and shall be in HIPPA (Health Information Privacy Protection Act) and the HITECH ACT, Public Law 111-005, collectively referred to herein as “Privacy Requirements”, compliant in both areas of privacy and security of protected health information. X) NOTICES All notices to any party to this MOU must be in writing and must be delivered by hand, facsimile, electronic mail, or registered or certified mail, return receipt requested, to the party to whom the notice is given at its address set out below or other address the receiving party has designated previously by proper notice to the sending party. To MHMR:Brittany Waymack Administrator of Mental Health & Crisis Services Denton County MHMR 2519 Scripture St Denton, TX, 76201 brittany@denton mhmr.org To DPD:Sergeant Elisa Howell Denton Police Department 601 E Hickory St, Suite E Denton, TX, 76205 Elisa.Howell@citvofdenton.com AUTHORIZED SIGNATURES: B/g/@76Flak Dixon ef of Police Date Denton Police Department P®wteea gaeaRe}7 - 22 - 2020 Pamela Gutierrez Executive Director Denton County MHMR Center Date ArrEST: a Rosa Rios, City Secretary City of Denton & APPROVED AS TO FORM: + miFaQ &iKley City of Denton