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Agenda Item - 2024-06-18 - Number 07.4 - Resolution 24-27, IGA with the City of West Linn for BHS Services 7.4 E 0 COUNCIL REPORT � o OREGO\-\ Subject: Resolution 24-27, Intergovernmental Agreement (IGA) with the City of West Linn that continues funding for the Lake Oswego Police Department (LOPD) to provide Behavioral Health Specialist (BHS) services to the West Linn Police Department (WLPD). Meeting Date: June 18, 2024 Staff Member: Clayton Simon, Police Captain Report Date: June 7, 2024 Department: Lake Oswego Police Department Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑x Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 24-27 authorizing the City Manager to sign an IGA with the City of West Linn to provide BHS services. Recommended Language for Motion: Move to adopt Resolution 24-27. Project/ Issue Relates To: Public Safety Services Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable EXECUTIVE SUMMARY The LOPD currently provides limited BHS services to the WLPD pursuant to a 2021 IGA that expires June 30, 2024. Resolution 24-27 is before the City Council for consideration and adoption to renew this agreement through June 30, 2027. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND In 2021, through an IGA with the City of West Linn, the LOPD began providing the WLPD limited BHS services. The primary functions of this agreement were for the BHS to engage with West Linn community members with perceived mental illness and link them to appropriate resources, respond with and without WLPD members to those persons experiencing mental health crises, and provide formal and informal training and education in areas related to crisis intervention and mental health awareness. As in year's past, the BHS will spend one day a week at the WLPD to provide the aforementioned services and outside of that schedule, will be accessible to provide 24/7 crisis support and may respond in-person as determined by the LOPD on-call supervisor. The LOPD and WLPD, geographically close and utilizing the same dispatch center, often work collaboratively on related issues to provide public safety services to our respective communities. The continued BHS relationship with the WLPD helps to serve both areas. DISCUSSION Key components of this agreement include: • Effective July 15t, 2024 and expiring June 30th, 2027. • The WLPD will compensate Lake Oswego 30% of the BHS' total compensated wages including all roll up costs each year of the agreement. • The arrangement can be terminated by either party at any time with 30 days written notice. ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES While Clackamas County offers mental health services to community members in the county, having a dedicated agency BHS option provides many benefits for the City and department. The LOPD BHS expeditiously provides consistent and ongoing support to those in the community experiencing a mental health crisis, offers alternative de-escalation options to first responders, and allows for continued to mental health training to the department and City personnel. Having a department employed BHS provides an increased level of public safety service due to proximity and availability. FISCAL IMPACT There are no upfront costs related to this agreement considering this is a continuation of an in- place program. The total compensated wages to be paid by WLPD during the first year of this agreement are $56,167.55. As wages escalate each year, so too will costs paid by WLPD pursuant to the IGA. RECOMMENDATION Approve Resolution 24-27. ATTACHMENTS 1. Resolution 24-27, with Exhibit 1— IGA with West Linn Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 RESOLUTION 24-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE CITY MANAGER TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WEST LINN TO CONTINUE TO PROVIDE BEHAVIORAL HEALTH SPECIALIST SERVICES FOR FISCAL YEARS 2024-2027. WHEREAS,there is a need to provide behavioral health specialist services to the citizens in West Linn; and WHEREAS,the City of West Linn has the funding available to compensate the City of Lake Oswego for the use of the police department's Behavioral Health Specialist; and WHEREAS,the City and the City of West Linn have previously entered into intergovernmental agreements whereby the City has provided Behavioral Health Specialist services; and NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Manager is authorized to sign the Intergovernmental Agreement with the City of West Linn for fiscal years 2024-2027, in substantially the form attached as Exhibit 1. Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 18th day of June, 2024. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Ellen Osoinach, City Attorney RESOLUTION 24-27 Page 1 of 1 EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKE OSWEGO, through its POLICE DEPARTMENT, and THE CITY OF WEST LINN, through its POLICE DEPARTMENT Behavioral Health Specialist Services THIS AGREEMENT is made and entered into on this day of 2024, by and between the CITY OF LAKE OSWEGO, an Oregon municipal corporation (hereinafter"Lake Oswego"), acting through its Police Department ("LOPD") and the CITY OF WEST LINN, an Oregon municipal corporation (hereinafter "West Linn"), acting through its Police Department ("WLPD"). RECITALS A. LOPD provides behavioral health crisis assessment and intervention services through specialized professionals employed by LOPD. B. WLPD seeks to provide behavioral health crisis assessment and intervention services to individuals experiencing mental health crises when involved with the WLPD. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Term. This Agreement is effective July 1, 2024 and shall continue through June 30, 2027, or until sooner terminated by mutual agreement of the parties, or as provided elsewhere in this Agreement. 2. Nature of Services. A Behavioral Health Specialist (BHS) is a mental health professional, trained and certified to work with police divisions to provide crisis assessment, diversion intervention, case management, support and referral services to individuals in need who are identified through the police department as frequently accessing or needing police services due to mental illness. 3. Employment Status. The BHS will remain a LOPD employee, and is thus under LOPD's supervision, labor agreements and control. The BHS shall not perform any work that would be outside the normal scope of the BHS duties with LOPD, without LOPD's written permission. LOPD will be responsible for the compensation, professional standards, and general conduct. Lake Oswego will be responsible for all salary, PERS, worker's compensation, and other employee benefits, as the BHS is an employee of Lake Oswego. 4. Equipment. The BHS will primarily utilize LOPD equipment, e.g., vehicle or computer technology, while performing behavioral health services. Upon request, WLPD may loan equipment to the BHS, which shall be returned to WLPD in accordance with WLPD policies and procedures. 1 5. Trainings. a. WLPD, in consultation with LOPD, shall provide the training that WLPD determines is necessary to enable the BHS to safely work with WLPD staff while in the field. WLPD will attempt to train all WLPD's patrol officers through an approved CIT program, which includes a three-year certification on Mental Health First Aid. b. The BHS will provide periodic training in de-escalation, mental health crisis and awareness and other relevant mental health related topics they deem appropriate. WLPD is encouraged to provide suggested trainings for their staff from the BHS. 6. BHS Functions. The primary functions of the BHS under this Agreement are to: a. Engage with community members with perceived mental illness and link them to appropriate resources in order to divert them from incarceration, hospitalization, or unnecessary reliance on WLPD resources. b. Enhance WLPD staff skills by providing formal and informal training and education through participation in Mental Health crisis and awareness training and in-person consultation. 7. Procedures, Responsibilities and Roles. a. WLPD staff will generate referrals for BHS' services. The BHS may respond to an assistance call either alone, or, if either the BHS or WLPD perceives a risk to the response, accompanied by a WLPD officer. b. The BHS is authorized to transport individuals, and officers, provided that the transport is voluntary and the individual is in behavioral control. The BHS cannot accept custody from WLPD staff and cannot provide involuntary transportation. This is at the sole discretion of the BHS. c. The BHS will not be expected to physically participate in what either WLPD or BHS determines to be an unsecured scene; however, the BHS may provide services in such situations telephonically or via radio to consult with WLPD in live negotiations. d. On rare occasions the BHS may accompany the perceived mentally ill individual and the WLPD staff to the hospital to communicate the clinical information to the hospital staff. WLPD should not expect this service to be provided with any frequency. e. The BHS will not be expected to leave an ongoing response, whether an LOPD or WLPD response, to attend to another response prior to 2 b. For the second and third year, LOPD will provide WLPD the compensation amount by July 1st This amount shall be paid by August 1st, or within thirty (30) days of WLPD's receipt of the compensation amount if LOPD provides the notice after July 1st 11. Liaison Responsibility. a. The LOPD Police Chief or designee will act as liaison to WLPD for disputes or concerns. b. The WLPD Police Chief or designee will act as liaison to LOPD for disputes or concerns. 12. Confidentiality. Unless otherwise permitted by law, parties agree that the WLPD, its agents and employees shall maintain the confidentiality of any participant records or other participant identifying information, written or otherwise, with which they may come in contact, to the extent required by all applicable provisions of state and federal statutes, rules and regulations, and shall comply with the same in the event of requests for information by any person or federal, state or local agency. In addition, parties acknowledge the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104- 191, 45 CFR Parts 160-164, and agree that the party, its agents and employees will comply with any applicable requirements of HIPAA and state law related to the confidentiality of participant records or other participant identifying information. (In addition, because LOPD and its employees are subject to HIPAA, if HIPAA is not applicable to WLPD, WLPD shall nevertheless follow the practices and procedures of HIPAA the same as if it were applicable with respect to medical records relating to this service performed under this Agreement.) 13. Amendments. This Agreement may be amended at any time with the concurrence of both parties. Amendments become a part of this Agreement only after the written amendment has been signed by the authorized persons of each entity. 14. Termination. a. This Agreement may be terminated or suspended by either party upon the material non-compliance by the other party with any of its obligations under this Agreement. Notice of suspension or termination shall be by written notice from one party to the other, and shall be effective immediately upon notice, or at a later date specified in the notice. b. This Agreement may also be terminated at the discretion of either party upon 30 days written notice to the other party. c. If terminated prior to the completion of the term of this Agreement, WLPD will pay for the services rendered by the BHS up to the termination date. 4 completing their current assignment. 8. Scheduling. a. The desired times of behavioral health services shall be requested by WLPD and approved by LOPD. LOPD may also rearrange the scheduled work time, upon approval by WLPD. In the event of eminent or immediate need of BHS services by LOPD, LOPD may suspend the behavioral health services during such times as LOPD, in its discretion, determines. b. The shift for behavioral health services is Monday - Thursday, 8:30 A.M. - 6:30 P.M. The BHS will spend one day a week at the WLPD. This day will be flexible due to workload and call volume. During this time the BHS will connect with community members, officers and be available for training. c. Outside of the above-referenced shift, in the event of a mental health crisis, WLPD will have access to 24/7 Crisis Support by calling the BHS at home. Determination will be made with the BHS and on-call supervisor if in-person response is needed; however, the BHS and LOPD supervisor will have final say if there is a conflict. 9. Communication. a. The BHS will attend WLPD roll call shifts as scheduling permits. b. WLPD will appoint a program liaison to help the BHS navigate the WLPD, address the needs of their working conditions and successfully perform their duties while working with WLPD. c. The BHS will be responding to requests from both LOPD and WLPD. In the event of conflicting time-sensitive requests, the BHS, LOPD and WLPD will negotiate with each other the priority of requests and will communicate with each other the best way to provide service to the member of the community. LOPD shall make the final determination. d. LOPD, WLPD and the BHS will meet periodically to address concerns and systems issues. Additional meetings may be scheduled if needed as determined by any of the parties to this agreement. 10. Compensation. a. In the first year of this Agreement, WLPD will compensate the Lake Oswego thirty percent (30%) of the BHS' total compensated wages, including all roll up costs for PERS, insurance and salary. This compensation amount is attached hereto and incorporated herein as Exhibit A. This amount shall be paid within thirty (30) days of execution of this Agreement. 3 d. Termination shall be the sole remedy for any claim of inadequate or insufficient performance of work. WLPD shall not be entitled to any damages from LOPD or from the BHS for inadequate or insufficient performance of work. 15. Indemnification. Within the liability limits stated in the Oregon Tort Claims Act, each party to this Agreement shall defend, indemnify and hold the other party harmless against all liability, loss, or expenses, including reasonable attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property to the extent caused by or resulting from any act, error or omission by the indemnifying party or its agents and employees in connection with the performance of this Agreement. 16. Notice.Any notice under this Agreement shall be in writing and shall be effective when actually delivered or when deposited in the mail, registered or certified, addressed to the parties as follows: Lake Oswego: City Manager City of Lake Oswego PO Box 369 Lake Oswego, Oregon 97034 West Linn: City Manager City of West Linn 22500 Salama Road West Linn, Oregon 97068 // // // l/ [Signatures on Next Page) 5 Names and Signatures of Parties to this Agreement City of Lake Oswego City of West Linn Martha Bennett, City Manager John Williams, City Manager I Approved as to form: Approved as to form: Evan Boone Bill Monahan Lake Oswego Deputy City Attorney West Linn City Attorney 6 EXHIBIT A Total Employee Cost Behavioral Health Specialist Effective:07/01/2024-06/30/2025 Base Wage $ 107,935.35 ER Paid 457 Contributions $ 2,346.10 PERS $ 31,485.35 Employer FICA Tax $ 8,436.53 Employer Share Paid Leave Oregon $ 441.13 Tri-Met $ 878.27 Oregon Workers Benefit Fund $ 45.76 Workers Compensation $ 2,050.77 Health Insurance (Medical/Dental/Vision) $ 33,169.96 Other Benefits $ 435.96 Annual $ 187,225.18 30%of Annual Cost $ 56,167.55