REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 19, 2023
FROM
GEORGINA YOSHIOKA, Director, Department of Behavioral Health
SUBJECT
Title
Non-Financial Memoranda of Understanding for Dedicated Office Space
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Memoranda of Understanding with the following agencies, including non-standard terms, for dedicated office space for the Department of Behavioral Health staff to provide crises services, for the period of January 1, 2024 through December 31, 2028:
1. Chino Police Department
2. Kaiser Foundation Hospital - Fontana
3. City of Rialto, on behalf of Rialto Police Department
4. Upland Police Department
5. Victor Valley College Police Department
(Presenter: Georgina Yoshioka, Director, 252-5142)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The non-financial Memoranda of Understanding (MOUs) allow the Department of Behavioral Health (DBH) to utilize no-cost office space located within the agencies in the Recommendation, for DBH to provide crisis services through the Triage, Engagement and Support Team (TEST) program.
BACKGROUND INFORMATION
The TEST program provides specialized crisis intervention, continuum of care, and intensive case management for individuals experiencing an urgent psychiatric health condition with up to 59 days of follow up services. The recommended MOUs reaffirm DBH’s commitment to provide access to crisis services for underserved populations at a variety of collaborated sites throughout San Bernardino County (County) and outline the use of office space within Chino Police Department (CPD), Kaiser Foundation Hospital - Fontana (Kaiser), Rialto Police Department (Rialto PD), Upland Police Department (UPD), and Victor Valley College Police Department (VVC PD) for the TEST program to provide these services. These MOUs will allow DBH staff to continue to serve CPD, Kaiser, Rialto PD, UPD, and VVC PD consumers and utilize office space located within these agencies to provide TEST services from January 1, 2024 through December 31, 2028.
Since 2015, DBH has partnered with various key agencies requiring immediate behavioral health services in crisis situations for no-cost office space to place DBH crisis triage staff in underserved areas throughout the County. The agencies request DBH TEST services and are evaluated to determine appropriateness for participation based on the availability of like services from other sources. DBH currently manages 31 TEST locations, known as ‘point of access’ agencies, such as law enforcement, hospital emergency departments, colleges, and agencies within the judicial court system, to assist consumers experiencing a mental health crisis. The TEST co-located program allows immediate access to crisis triage by a mental health professional, which has resulted in thousands of successful outcomes. These DBH TEST services are currently being provided in 10 police departments, 15 sheriff sites, one San Bernardino County Fire Protection District site, three university police departments, Joshua Tree Probation and Kaiser.
In 2022-23, there were a total of 11,077 encounters with co-located DBH TEST staff, many of which resulted in crisis stabilization instead of unnecessary incarcerations and/or hospitalizations. Crisis stabilization with case management and linkage to appropriate services reduce expenditures for law enforcement resources and hospital emergency departments.
The MOUs with CPD, the City of Rialto, UPD, and VVC PD, after negotiation, include the following indemnification language that differs from the standard County contract terms:
Per the MOUs, each party is required to defend, indemnify or hold the other party harmless to the extent arising out of the respective party’s breach of the MOU and negligent or wrongful acts or omissions in connection with its performance under the MOU.
• County Policy 11-07 requires the contractor to indemnify the County against all claims arising out of the contract from any cause whatsoever.
• Potential Impact: By agreeing to indemnify CPD, the City of Rialto, UPD, and VVC PD, the County could be contractually waiving the protection of sovereign immunity. If the County is sued for any claim resulting from its own breach of the MOU and negligent or wrongful acts or omissions in connection with its performance under the MOU, the County may be solely liable for the costs of defense and damages.
DBH recommends approval of these MOUs, including the non-standard term, as they will allow DBH to continue to utilize office space within CPD, Kaiser, Rialto PD, UPD, and VVC PD to provide crisis triage for underserved populations.
The MOUs may be terminated by either party without cause upon 30 days’ written notice.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health Contracts (Ellayna Hoatson, Contracts Supervisor, 388-0869) on November 14, 2023; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on December 11, 2023; Risk Management (Victor Tordesillas, Director, 387-5564) on November 22, 2023; Finance (Christopher Lange, Administrative Analyst, 386-8393) on November 28, 2023; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on December 4, 2023.