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HomeMy WebLinkAboutElevate - MOA - 10.2.2023MEMORANDUM OF AGREEMENT WATERLOO POLICE DESIGNATED COLLABORATION ORGANIZATION THIS MEMORANDUM OF AGREEMENT (the "MOA"), is entered into as of October 2 , 2023 by and between Elevate Housing Foundation, a non-profit organization located at 405 E. 5th Street, Waterloo, Iowa 50703 ("Elevate") and City of Waterloo, Iowa, acting by and through the Waterloo Police Department, located at 715 Mulberry Street, Waterloo, Iowa 50703 (the "DCO Agency"); WHEREAS, the parties desire to enter into an agreement for the effective care coordination and delivery of services within the Designated Collaboration Organization (DCO) Agency; NOW, THEREFORE, in consideration of the mutual covenants made by the parties herein, they agree to the following: Purpose The purpose of this MOA is to coordinate and provide needed services for Waterloo residents through the DCO Agency by embedding an Elevate employee within the DCO Agency. The Elevate embedded employee will be under the joint supervision of Elevate and the DCO Agency. A Project Committee will be established with one designee from Elevate, one designee from DCO and the Social Worker. The Elevate embedded employee will deliver services under the same requirements as Elevate to the extent billable to third -party reimbursement, at no cost to the DCO Agency. DCO Agency encounters will be treated as Elevate encounters, and the DCO Agency will support clinical fidelity to the services provided. Scope of Services The embedded Elevate employee will be a social worker meeting the clinical criteria to provide Integrated Health Home services to individuals encountered within the scope of their work at the DCO. This will include screening, intake and assessment of individuals with behavioral health needs and connection or referral to identified behavioral health services. This may include direct engagement of community members while on patrol or called to community members in need of behavioral health assistance by the DCO Agency. Elevate will provide consultation, training, and assistance to the DCO Agency on behavioral health. Elevate will provide follow-up care coordination to community members who are referred by the DCO Agency. The embedded Elevate social worker will also be charged with implementing the Elevate Next Steps to a New Beginning Program designed along the Sequential Intercept Model to divert or transition individuals from justice involvement. This will involve collaboration among the various elements of the justice system, CIT Officers, police, courts, jails, corrections, civil commitment, and reentry. Barriers Both parties agree to adhere to Section 2402(a) of the Affordable Care Act (PL 111-148), Removal of Barriers to Providing Home and Community -Based Services: "Services must reflect person -and family -centered, recovery -oriented care; be respectful of the individual consumer's needs, preferences, and values; and ensure consumer involvement and self -direction of services. Services for children and youth should be family -centered, youth -guided and developmentally appropriate." Grievances Elevate members receiving services from a DCO Agency will have access to Elevate's existing grievance procedures, in addition to any grievance procedure available under the DCO Agency. 1 MEMORANDUM OF AGREEMENT WATERLOO POLICE DESIGNATED COLLABORATION ORGANIZATION Training Elevate will coordinate as -needed training to include the DCO Agency staff on cultural competence, person -centered and family -centered, recovery -oriented, evidence -based and trauma -informed care and primary care/behavioral health integration. Elevate will collaborate and support Crisis Intervention Training for law enforcement. Elevate will also provide or coordinate additional annual training focused on risk assessment, suicide prevention and suicide response, the roles of families and peers and other trainings as may be requested by the state or accrediting agencies. Care Coordination The DCO Agency will support services in accordance with the Elevate member's current treatment plan that is reasonable within the scope of the DCO Agency's duties of the embedded social worker. Health Information Technology The DCO Agency will be trained and enter into a HIPAA Business Agreement to protect any personal information that agency staff may inadvertently encounter as the result of the embedded social worker within their agency. The embedded social worker will have direct access to the Elevate member's clinical record as allowed and established by confidentiality laws and policies of HIPAA (PL104-191), federal Substance Abuse Confidentiality Regulations, 42 Code of Federal Regulations (CFR) and other applicable federal and state laws, including privacy requirements specific to the care of minors. Non -Confidential Records from the DCO Agency may be uploaded into the document storage of Elevate's EHR system to ensure effective coordination of care and services. Elevate and its employees understand that the activities they witness are considered confidential under Iowa and federal laws, and that without their agreement to hold such information confidentially, as set forth in this section, the DCO Agency would not enter into this MOA. Elevate employees will not be allowed to record any of the events witnessed. Elevate and its employees agree not to release any confidential information to anyone. Elevate and its employees understand that confidential information includes but is not limited to the names of victims, suspects, witnesses, officer activities and other duties as assigned. Elevate and its employees understand that the imbedded employee may at times be required to provide testimony in cases of a criminal or civil nature, at the expense of Elevate, whether or not directly or indirectly related to their duties and care coordination. Data Collection and Reporting DCO Agency agrees to collaborate with Elevate in the collection of data as legally permissible. Elevate shall provide adequate consent, as appropriate, and obtain releases of information for each affected member. Payment Elevate agrees to provide reimbursement of the embedded social worker's salary, benefits, and tools necessary to provide members with Elevate behavioral health services for the period of SAMHSA Elevate grant, April 30, 2022. Elevate will bill third -party coverage for the service and referred and authorized by the Elevate to receive the identified service. The DCO Agency is not responsible to compensate any Elevate employee or contractor, nor to reimburse for any expenses, and Elevate hereby indemnifies the DCO Agency and holds it harmless from liability for any such costs or expenses. 2 MEMORANDUM OF AGREEMENT WATERLOO POLICE DESIGNATED COLLABORATION ORGANIZATION Elevate and its employees understand the inherent dangers involved in working with the DCO Agency. These dangers may include, but are not limited to, personal injury, damages to or loss or property, and/or death. Elevate and its employees understand and hereby acknowledge that the foregoing inherent dangers have been explained to them, and with full knowledge of said risks and dangers, voluntarily assume and accept all inherent risks and/or dangers. The DCO Agency agrees to provide transportation and any identified workspace for the performance of required duties within the agency. The DCO Agency will provide an embedded social worker with required training and equipment to function as safely as possible within the DCO Agency. The DCO Agency will provide standard -sized body armor to the Elevate employee while riding, and Elevate or the employee will be responsible for any additional equipment needed. Indemnification Elevate agrees to indemnify defend and hold harmless the DCO Agency, its elected officials, officers, employees and agents, from and against any and all claims, demands, causes of action, fines, fees, penalties, damages, costs, expenses and liabilities of any nature whatsoever, including but not limited attorneys' fees and expenses, arising from or in connection with the acts or omissions of any Elevate employee or contractor or any DCO Agency employee in performing services under this Agreement. Insurance Elevate agrees to maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Such insurance shall cover, at minimum, liability arising from premises operations, independent contractors, personal injury, products, and liability assumed under an insured contract, including but not limited to the activities of Elevate, its employees and agents. Certificates or copies of said policies, naming DCO Agency, its elected and appointed officials, officers, employees and agents, as additional insured, shall be delivered to the DCO Agency no later than the effective date of this MOA. Such insurance shall be primary and non-contributory, and shall include a waiver of subrogation in favor of DCO Agency. A renewal certificate shall be provided to the DCO Agency prior to expiration of any policy. Elevate also agrees to maintain workers compensation insurance at least meeting statutory requirements and employers liability insurance of not less than $1,000,000 per occurrence. Term This MOA shall commence upon mutual execution and shall terminate on October 2,2024, unless extended by mutual written agreement of both parties. Either party may also voluntarily terminate this MOA upon 60 days' advance written notice from one party to the other party. Miscellaneous This MOA is the entire understanding between the parties pertaining to the subject matter hereof and supersedes all prior oral or written understandings or agreements relating to such subject matter. This MOA is binding on the parties and their respective successors and assigns. It may not be modified or amended without the written consent of both parties. This MOA may be executed in counterparts. IN WITNESS WHEREOF, each party has executed this Memorandum of Agreement by its duly authorized representative as of the date first set forth above. 3 MEMORANDUM OF AGREEMENT WATERLOO POLICE DESIGNATED COLLABORATION ORGANIZATION CITY OF WATERLOO, IOWA ELEVATE HOUSING FOUNDATION By: Querduz icrC Quentin Hart, Mayor Attest: Kerrey Te[chTe Kelley Felchle, City Clerk WATERLOO POLICE DEPARTMENT By: Joe Lethold Joseph Leibold, Chief By: Title: 4