2021/10/12 City Council Resolution 2021-116 RESOLUTION NO. 2021-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) WITH PETALUMA PEOPLE
SERVICES CENTER AND CITY OF COTATI TO OPERATE AND MANAGE AN
ALTERNATIVE CRISIS RESPONSE PROGRAM KNOWN AS THE ROHNERT
PARK/COTATI SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM
WHEREAS, annually the Department of Public Safety responds to over 3500 crisis calls
for service involving homelessness, mental illness, or substance abuse which could be diverted to
an alternative response team; and
WHEREAS, alternative care providers are trained, suited, and equipped to deliver more
cost effective and appropriate services related to mental health, substance abuse, and shelter and
housing services to individuals in need, in lieu of police response to such calls for assistance; and
WHEREAS, the City engaged CRISIS Consulting to evaluate the need for an alternative
crisis response model in lieu of police response, survey the local and regional resources available
in our community, and determine a suitable community based non-governmental organizations
that could develop, deploy, and manage a mobile crisis response program; and
WHEREAS, CRISIS Consulting has recommended that Petaluma People Services
Center(PPSC), a California non-profit public benefit corporation, participate with the City of
Rohnert Park and City of Cotati to implement this new pilot program due to their demonstrated
ability to provide such services within Sonoma County; and
WHEREAS, the City of Rohnert Park in partnership with the City of Cotati will share
the benefits of the services of the new crisis response team, Specialized Assistance For Everyone
(SAFE), and share the costs of the program based on a cost share which allocation is fair and
reasonable based on the respective population and geographic size of each jurisdiction, and the
number of anticipated calls for service to be responded to within each community;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize the City Manager, or his designee, to execute the MOU to
implement a mobile crisis response program with Petaluma People Services Center and the City
of Cotati, in substantially similar form as Exhibit A, subject to such revisions as may be
approved by the City Attorney.
DULY AND REGULARLY ADOPTED this 12th day of October, 2021.
CITY OF ROHNERT PARK
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Gerard Gui.ice, Mayor
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Eliza eth Machado, Acting City Clerk - - :-
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Resolution 2021-1 16
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EMO OF UNDERSTANDING
CITY OF COTATI,
CITY OF ROHNERT PARK,
AND
THE PETALUMA PEOPLE SERVICES CENTER
Mobile Crisis Intervention Team
SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE TEAM)
This MEMORANDUM OF UNDERSTANDING (the "MOU" or “Agreement”) is made this XXth day of
October 2021, by and between the City of Cotati (“Cotati”), City of Rohnert Park (“Rohnert Park”) both
municipal organizations organized and existing under and by virtue of the laws of the State of California
(collective “Cities” and each a “City”) and The Petaluma People Services Center, a California non-profit
public benefit corporation (“PPSC”).
AGREEMENT
1. Scope of Work
The Scope of Work that shall be performed by PPSC for the Cities under this MOU consists of the
services in this Section 1:
• PPSC shall hire and provide the personnel, equipment, and supplies necessary for the
establishment of one or more mobile crisis intervention teams, referred to in this Agreement as
a Specialized Assistance for Everyone team (“SAFE team”). Cities shall jointly provide an
adequate vehicle for transport services, radios for communications with dispatch. PPSC shall be
responsible for direct oversight and management of the SAFE team(s).
• PPSC shall ensure that the SAFE team(s) shall operate within the geographic corporate
boundaries of the Cities when performing services under this MOU, except when shifts are pre-
scheduled and approved in advance by Cities to serve additional jurisdictions. Otherwise, the
SAFE team(s) may only leave the Cities service boundaries to respond to calls for service with
permission from the Cities dispatch, patrol supervisor, or watch commander.
• SAFE team(s) shall focus proactive patrols in the areas in need in both Cotati and Rohnert Park
as identified by PPSC and the Cities.
• SAFE team(s) shall proactively counsel, transport, or refer community members experiencing
physical and mental health, substance abuse, or homeless related issues to the PPSC or other
open treatment facilities or services within the Cities/County of Sonoma, or transport to other
open social services agencies within the Cities/County of Sonoma.
• Transport for necessary chronic mental health and/or care within the Cities.
• Follow directions from Rohnert Park Public Safety (RPDPS) and Cotati Police Department (CPD)
dispatch for activities in the respective jurisdictions, as well as PPSC staff. Each City will assign a
point of contact for operational issues and a point of contact for City vehicle issues.
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• Report all vehicle crashes/damage or loss of equipment to the City that owns the
vehicle/equipment.
Hours of Service
PPSC shall provide trained personnel appropriate to staff one van in service for 12 hours per day, at peak
times, as agreed to jointly by Cities and PPSC. When directed by the Cities, PPSC shall expand service to
24 hours per day. The services will be provided 365 days a year.
Area of Patrol and Transportation Services
PPSC shall provide patrol and crisis intervention services within the geographic corporate boundaries of
the Cities for services provided under this MOU, unless approved in advance by Cities. PPSC shall also
provide transportation services within the geographic corporate boundaries of the Cities to facilities
within County of Sonoma. The SAFE Team shall maintain an emphasis in proactive outreach, servicing
and preventative services in the core areas identified by the Cities, public spaces such as parks, and
other areas as identified between PPSC and by Cities Public Safety and Police personnel.
Description of Services
Subject to compliance with applicable law, including appropriate medical direction and control, PPSC
shall observe, and reach out to any person, while in a public place, that meets any of the criteria
referenced in 1.A – 1.E below. For the purpose of this section, the term “transport” means to provide a
courtesy ride to a willing, self-ambulatory person who requires no medical attention or treatment during
transport. While providing services under this Agreement, PPSC shall obey all lawful commands and
directions received from police or fire personnel.
PPSC shall respond to all radio dispatches and contacts from police and fire personnel requesting mobile
crisis intervention services or PPSC’s assistance, unless they are already assigned to another call for
service of a higher priority. If PPSC is unable to respond, or will be delayed due to another higher
priority call, PPSC shall immediately communicate this to the City requesting service. Calls will generally
be responded to in the order they are received by the dispatch centers, except when a higher priority
call is received. PPSC can be pulled from a call for service and dispatched to a higher priority call when
necessary.
The Cities and PPSC shall determine priority call types prior to beginning service, which may be amended
from time to time, as mutually agreed to by the Cities and PPSC.
1.A. Persons Intoxicated/Under Influence of Controlled Substances
1.A.1. If the person is unconscious and cannot be revived, PPSC shall request an ambulance from
RPDPS or CPD Dispatch and standby to assist the responding emergency medical personnel, as
necessary.
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1.A.2. If the person is willing to be transported to a treatment center, PPSC shall transport
him/her to the appropriate licensed or certified open treatment facility within the Cities or the
County of Sonoma if:
1) The person is conscious but appears mentally ill or intoxicated or under influence of
controlled substances; or
2) PPSC has reasonable cause to believe that the person is dangerous to themselves.
1.A.3. If the person is unwilling to be transported to a treatment center, but appears to be
experiencing symptoms of mental illness, is intoxicated, or is under influence of controlled
substances, or PPSC has reasonable cause to believe the person is dangerous to others, PPSC
shall immediately notify RPDPS or CPD dispatch to have police officers respond, and shall stand
by to assist the officers, as necessary.
1.A.4. If PPSC has reasonable cause to believe the person is intoxicated or under the influence of
a controlled substance while in a public place, PPSC may counsel the person on treatment and
detoxication options, and if the person is willing to accept transport, may transport them to
PPSC, the Orenda Center, or other appropriate open facility for further assistance.
1.B. Persons Needing Non-Medical Care or Treatment for Mental Illness
1.B.1. If a person appears to be in need of care or treatment for mental illness, but not
dangerous to themselves or others, PPSC may counsel the person on treatment options and, if
the person is willing, transport them to PPSC, Crisis Stabilization Unit (CSU), or other appropriate
facility within the Cities or the County of Sonoma. Transports to appropriate Kaiser Medical
Facilities outside the County of Sonoma may be permitted if necessary and upon advanced
notification to RPDPS or CPD dispatch.
1.B.2. If PPSC has probable cause to believe that the person is dangerous to themselves or
others, PPSC shall immediately notify RPDPS or CPD dispatch to have police officers respond and
shall standby, as necessary.
1.C. Persons in Need of Immediate Shelter
When requested by dispatch, a police supervisor, or police officer, PPSC shall provide
transportation to mentally ill or disoriented persons in need of immediate transport to an
appropriate open shelter or treatment center, or provide such persons transportation to and
from other open social services agencies or publicly organized and sponsored shelters within the
Cities or the County of Sonoma.
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1.D. First Aid and Chronic Care
The Cities may dispatch the SAFE team to requests for minor medical complaints that do not
require emergency medical care. PPSC staff will not provide diagnostic medical evaluations but
may request a medical assessment by EMS personnel as necessary.
1.E. Additional Services at Direction of the Cities
Upon mutual agreement between the Cities and PPSC, PPSC shall staff extra mobile crisis
intervention assignments on holidays and special events not limited to:
• New Year’s Eve, New Year’s Day, Martin Luther King Day, St. Patrick’s Day, Fourth of
July, Halloween, Thanksgiving, Christmas Eve, Memorial Day weekend, Labor Day
weekend, Veteran’s Day, or any other day considered to need the services of a two-
person mobile crisis intervention team.
The additional staffing requests shall be in four-hour increments. The Cities shall give a thirty
(30) day notice of request for additional services prior to the event. PPSC shall have fourteen
(14) days to advise if they can fulfill the request, and if the request is anticipated to result in
overtime.
After PPSC has completed the extra assignment, they will bill Cities for payment of hours
performed. If the time billed is over the hours requested, PPSC shall delineate the reasons for
the overage in the request. The Cities shall pay one and one-half times the hourly rate of for
approved overtime worked. The payment will be made to PPSC within 60 days of the billing.
2. Staffing Qualifications & Restrictions
2.A. PPSC shall, in compliance with applicable law, be responsible for hiring of SAFE team members and
shall be responsible for ensuring completion of a background check of prospective employees.
2.B. During the provision of patrol, crisis intervention, and transportation services under this contract,
PPSC shall ensure that the SAFE team vehicle(s) shall be staffed by at least two (2) persons per vehicle.
At least one (1) person shall be currently certified as an Emergency Medical Technician, First Responder,
Registered Nurse, or Licensed Health Care Practitioner (collectively “EMT Specialist”), and at least one
person shall be qualified in social work (“Crisis Intervention Specialist”). PPSC shall designate either
person to serve as a field lead The field lead shall make the final decision regarding transportation of
any person to a non-emergency medical care provider, shelter, or to an alcohol, drug, or mental health
treatment facility, unless the field lead received direction from the respective city on where to transport
the person. PPSC shall ensure that its employees use the standard of care appropriate to their
profession to comply with all applicable federal, state, and local laws, codes, ordinances, and
regulations. PPSC represents and warrants to Cities that it has and shall, at its sole cost and expense,
keep in effect or obtain at all times during the term of this MOU any licenses, permits, insurance and
approvals which are legally required for PPSC to provide the services described. Cities shall not be
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responsible or liable for PPSC’s failure to comply with any or all of the requirements contained in this
paragraph. PPSC represents that it has employees who have experience and training to provide the
services as described in a reasonable and responsible manner. The Cities rely upon this representation
in entering into this contract.
2.C. Except for a trainee observer actively involved in a program leading to employment by PPSC, PPSC
shall ensure that no person shall ride in the vehicle except for employees of PPSC or the Cities, who are
in the course of providing services contemplated under this MOU, and persons receiving services under
this MOU. PPSC shall ensure that at no time shall more than three (3) persons employed by, or under
training with PPSC, ride in the vehicle.
2.D. As a material term to this contract, PPSC shall require that all persons operating a vehicle on behalf
of the SAFE Team have a clean driving recording, free of accidents, moving violations or points within
the last 3 years. PPSC shall enroll all persons operating a vehicle on behalf of the SAFE team in the DMV
pull program. PPSC shall not allow any person with any of the following criminal convictions to provide
services under this MOU: [any conviction which requires or is grounds for the revocation or denial of
licensure under 22 CCR § 100214.3 or 22 CCR § 100174.]
2.E. It is expressly agreed that PPSC, in the performance of the work and services agreed to be
performed by PPSC, shall act as and be an independent contractor and not an agent or employee of
either City and shall have responsibility for and control over the details and means of providing its
services under this MOU. With the exception of the SAFE vehicle and mobile data computers
(MDC)/portable radios for contact with dispatch, PPSC shall furnish, at its own expense, all labor,
materials, equipment, tools, transportation and services necessary for the successful completion of the
services under this MOU. As an independent contractor, neither PPSC nor its employees shall obtain
any rights to retirement benefits or other benefits which accrue to City's employees, and PPSC hereby
expressly waives any claim it may have to any such rights. PPSC, its officers, employees and agents shall
not have any power to bind or commit the City to any decision. PPSC acknowledges that it shall pay all
taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment
insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal
property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in
connection with the services to be performed by PPSC. Cities shall not be responsible for payment of
PPSC’s employees, and compliance with applicable wage orders and terms of employment shall be the
sole responsibility of PPSC.
2.F. PPSC certifies that it is aware of the provisions of the California Labor Code which require every
employee to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that Code, and certifies that it will comply with such provisions before
commencing performance of this MOU and at all times in the performance of the MOU. PPSC certifies
that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
3. Equipment
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3.A. Rohnert Park will provide PPSC with a modified passenger van type vehicle, and the Cities shall
provide MDCs/portable radios for use during the duration of this Agreement. If an MDC or radio does
not work properly, PPSC shall make immediate arrangements with Cities to have the radio repaired or
replaced. PPSC agrees to return any vehicle(s), MDCs, radios, and any other non-consumable equipment
that the Cities may agree to provide to PPSC for program use, in good working order and general
condition at the completion of this MOU. Rohnert Park shall provide necessary fuel, routine vehicle
maintenance, and repairs of the vehicle, except PPSC shall bear any costs of any repair that is necessary
due to deliberate or negligent acts by PPSC employees. Except for maintenance provided by Cities as
provided herein, PPSC shall ensure ongoing maintenance for any other equipment. PPSC shall operate
the vehicle and maintain the interior so that it is free of hazards to vehicle occupants.
3.B. PPSC shall be responsible for ensuring the security of police radios and MDCs, in consultation with
the Cities. PPSC shall ensure that its personnel will keep their radios on and at a volume to hear
dispatch communications.
4. Term of Agreement
The term of this Agreement shall commence on the date of its execution by all parties and shall continue
in full force and effect until October 31, 2026, unless earlier terminated in accordance with this MOU.
5. Compensation, Payment and Cost-Share
5.A Payment to PPSC.
The compensation to be paid to PPSC, including both payment for services and reimbursable expenses,
for services provided directly under this Agreement shall be at based on PPSC’s actually incurred and
direct personnel and operating expenses, plus a permitted 10% indirect cost rate, as particularly
described in Exhibit A, attached hereto and incorporated by this reference. PPSC shall not bill Cities for
any annual increases in expenses that exceeds the CPI for Urban Wage Earners and Clerical Workers
(CPI-W) for the San Francisco region. Any increase will be effective at the start of the Cities fiscal year
(July 1).
PPSC shall submit itemized monthly statements for work performed and for costs actually incurred in
providing the services, which shall bill each of the Cities in accordance with their respective cost share
set forth in section 5.B. All statements shall include adequate documentation demonstrating work
performed during the billing period and shall conform to Federal Funding invoicing requirements, if
applicable. Except as otherwise provided herein, Cities shall make payment of their respective cost-
share, in full, within thirty (30) days after approval of the invoice by a City.
Payments due and payable to PPSC for current services must be within the current budget and within an
available, unexhausted and unencumbered appropriation of each City. In the event that each City has
not appropriated sufficient funds for payment of PPSC services beyond the current fiscal year, this
Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment
for additional work is conditional upon future appropriation.
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Expenses not set forth in Exhibit A shall not be subject to payment unless preapproved in writing by
both Cities. PPSC will not undertake any work that will incur costs in excess of the amount set forth in
this Agreement without prior written amendment to this Agreement. However, in no event shall the
amount exceed what the Cities are obligated to pay PPSC for services provided directly under this
Agreement unless PPSC, the City of Rohnert Park, and the City of Cotati have agreed. Each City’s
obligation to pay compensation to PPSC as provided herein is contingent upon PPSC’s compliance with
the terms and conditions of this Agreement and any amendments thereto. Payment by either of the
Cities under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects
were known to such City at the time of payment.
5.B City Cost Share
For the initial 2-year (24 month) period, costs shall be allocated by the initially estimated volume of SAFE
calls attributable to each City, expressed as a percentage. For each year thereafter, costs shall be
allocated by the actual 2-year moving average number of SAFE calls attributable to each City, beginning
with the first program year, expressed as a percentage. The updated cost split percentages shall be
effective at the start of the subsequent fiscal year.
Estimated Volume of SAFE calls By Agency (Randomized Sample of 500)*
No
Response With SSU Without SSU
Rohnert Park 61 331 81% 331 84%
Cotati 17 61 15% 61 16%
Sonoma State University (SSU) 9 21 5% 0 0
Total 87 413 100% 392 100%
* Estimate provided by C.R.I.S.I.S. Consulting from analysis of all calls for service, years 2019 and 2020.
PPSC shall invoice each City their respective cost share, and the obligation to pay such invoices shall be
deemed an individual obligation of each city. After the initial 2-year period (24 months), but before the
start of the subsequent fiscal year, the Cities shall provide PPSC with the updated cost split percentages
for billing purposes. The Cities shall not be deemed jointly or severally liable for any expenses under this
Agreement, nor shall either City have the power to incur debt or liabilities on behalf of the other except
to the extent expressly set forth herein.
5.C Payments of Program Vehicle and Maintenance Expenses to Rohnert Park By Cotati
Rohnert Park shall invoice Cotati for Cotati’s share (as determined in 5.B) of total expenses incurred by
Rohnert Park related to the procurement of a SAFE team vehicle and up-fitting the SAFE team vehicle,
and for costs of maintenance and fuel provided by Rohnert Park to PPSC under the terms of this
Agreement, on a quarterly basis, and shall provide supporting documentation with such invoices as may
be reasonably requested by Cotati to substantiate such expenses. Cotati shall pay such invoices within
thirty (30) days after approval.
6. Inspection, Audit, Records Retention
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PPSC shall furnish Cities with every reasonable opportunity to ascertain that the services of PPSC are
being performed in accordance with the requirements and intentions of this Agreement. The inspection
of such services shall not relieve PPSC of any of its obligations to fulfill the requirements of this
Agreement, nor be deemed a waiver of unsatisfactory work.
PPSC shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services, or expenditures and disbursements
charged to the Cities and all documents and records which demonstrate performance under this
Agreement for a minimum period of three (3) years, or for any longer period required by law or
specified by Cities as a result of the use of grant funding to pay for PPSC’s services, from the date of
termination or completion of this Agreement.
Any records or documents required to be maintained pursuant to this Agreement shall be made
available for inspection or audit, at any time during regular business hours, upon written request by
either City. Copies of such documents shall be provided to either City for inspection when it is practical
to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at
PPSC’s address indicated for receipt of notices in this Agreement.
7. Training
The Cities shall provide PPSC with applicable training in the use of the vehicle, radio procedures, and any
other training that may be provided in the discretion of the Cities. PPSC shall ensure that its staff attend
such trainings once offered and complete them in a reasonable period of time. With the exception of
such training identified herein, PPSC shall be responsible for ensuring the adequate training of its staff,
including applicable training in the provision of the services.
8. Requirements for Services
While providing services in accordance with this contract, PPSC shall require its personnel to observe the
following requirements:
A. PPSC and its employees shall not use force while observing, contacting, detaining or
transporting persons unless such force is necessary for the protection of a person from bodily
harm, and a Police Officer cannot be summoned or cannot respond quickly enough to provide
protection.
B. PPSC shall summon a police officer via the Cities’ dispatch when a dangerous situation
appears to exist. PPSC shall request from the appropriate Cities’ dispatch, based on incident
location, that an ambulance respond whenever it appears the person(s) contacted need
emergency medical treatment.
C. PPSC shall not provide emergency medical transportation to injured or ill persons except
at the express direction of emergency medical personnel and appropriate medical direction.
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However, PPSC may provide first aid and/or basic life support to person(s) in need before the
arrival of the emergency medical personnel.
D. Under no circumstances shall the Cities vehicles be used by PPSC for personal use or for
the transportation of intoxicated person(s) to their place or residence, nor shall it be driven
outside the designated geographic corporate boundaries of the Cities or the County of Sonoma
except at the direction of, or with the advanced approval of either Cities’ dispatch, police
supervisor, or watch commander. If the SAFE vehicle leaves the County of Sonoma, PPSC shall
immediately inform the other City’s dispatch that it will be out of County, including anticipated
time it will be unavailable. The vehicles shall be parked at a PPSC property or identified location
at a designated city facility when not in-service.
E. PPSC will ensure employees wear an appropriate uniform clearly identifying them as an
employee of PPSC.
F. PPSC shall have a drug-free workplace policy in accordance with the Drug-free
Workplace Act of 1988, and shall ensure that its employees, observer trainees, officers or agents
comply with such policies in the course of providing services under this MOU.
G. PPSC agrees to use SAFE vehicles only for providing services under this MOU, or as may
be reasonably necessary for maintenance. Any use of the vehicles except for such purposes
shall be prohibited.
H. In the event that PPSC discovers drugs, paraphernalia, or other illegal items in the
course of providing services, PPSC may report such items to the Cities’ police departments,
which may take custody of such items in accordance with applicable law.
PPSC shall be responsible for any medical protocols for the services and shall provide current medical
protocols to the Cities. If medical protocols are updated, PPSC must provide updated protocols within 7
days of any update.
9. Vehicle Accidents
If a PPSC employee is involved in a motor vehicle accident in SAFE team vehicle, PPSC shall notify the
Cities, shall ensure that the accident is reported in accordance with applicable state law and shall
comply with any additional reporting requirements of the Cities, as well as cooperate and provide
information to the Cities as may be reasonably necessary for the investigation and resolution of claims.
The City that holds title to the vehicle will provide instructions regarding the transportation and repair of
a damaged vehicle. Any damage to a City-provided vehicle should be reported to a supervisor and City
Fleet Services immediately. These obligations shall be in addition to any insurance and indemnity
requirements in this Agreement.
10. Compliance with Laws
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PPSC shall use the standard of care in its profession to comply with all applicable federal, state, and local
laws, codes, ordinances, and regulations. PPSC represents and warrants to City that it has and shall, at
its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any
licenses, permits, insurance and approvals which are legally required for PPSC to provide services under
this Agreement. The Cities shall not be responsible or liable for PPSC’s failure to comply with any or all
of the requirements contained in this paragraph.
PPSC shall be an equal opportunity employer and agrees to comply with all applicable state and federal
regulations governing equal employment opportunity. PPSC will not discriminate against any employee
or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital
status or national origin. PPSC will take affirmative action to ensure that applicants are treated during
such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital
status, or national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. PPSC further agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
11. Cooperative Planning Requirements
PPSC recognizes that planning within the Cities, other state and local agencies, and local social service
providers is essential to the success of a coordinated service delivery system. At a minimum, PPSC
agrees to attend police briefings in each City no less than 1x per week to ensure effective field
coordination. PPSC also agrees to attend and participate in a reasonable number of meetings and
planning efforts initiated by the Cities, and to provide non-confidential data already in PPSC’s possession
which may be required by the Cities and is reasonably necessary to achieve compliance with Cities
programmatic goals. This includes participating in joint data sharing and uniform data collection
initiatives, Rohnert Park’s weekly Homeless Taskforce, which identifies homeless encampments posing
health and safety hazards, and By-Name List meeting, which identifies and prioritizes individuals
experiencing homelessness for housing and services. PPSC agrees to maintain open and responsive
working relations with the Cities.
12. Statistical Reporting
Each month with the invoice, PPSC will provide the Cities with a summary of calls and summary of any
out of service area activities. The summary of calls report will include, at a minimum, if the activity was
Police or Fire divert (mobile crisis intervention team handling instead of city personnel) or if it was a
joint response; time on call; disposition; and if possible, the transport-pick up location, client problem,
time, estimated age of client, sex of client, destination of transport, and any pertinent
history/treatment. The summary of out of service area activities will include date, times, where, and the
authorized person who directed the out of service area activity. Additionally, PPSC agrees to provide any
other information mutually agreed upon between the Cities and PPSC.
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14. No Joint Agency
Nothing in this alter is intended to alter, limit, or expand the agencies’ statutory and regulatory
authority of any party. By entering into this Agreement, the parties are not intending to enter into any
sort of joint-enterprise, joint-venture, partnership or create any separate entity; and have no authority
to obligate any of the other parties and shall not be considered an agent of any other party, nor shall the
Agreement be construed to create any joint-employment but rather each party shall be solely
responsible for its own acts and the acts of its own officers, employees, and contractors in the
performance of the Agreement.
15. HIPAA Compliance and Confidentiality of Records
For services, activities or products subject to the Health Insurance Portability and Accountability Act of
1996 (HIPAA), PPSC covenants that it will appropriately safeguard Protected Health Information (defined
in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164
Subpart E regarding use and disclosure of Protected Health Information. PPSC shall indemnify, defend,
and hold harmless the Cities, their respective councils, elected and appointed officers, employees,
agents and volunteers from any breach of this covenant.
All data, documents, discussions or other information developed or received by or for PPSC in
performance of this Agreement are confidential and not to be disclosed to any person except as
authorized by Cities, or as required by law.
16. Indemnity
16.A. Indemnification by PPSC. To the fullest extent permitted by law, PPSC shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the Cities) and hold harmless each of
the Cities and each of their respective officers, officials, employees, agents and volunteers (“Indemnified
Parties”) from and against any and all liability (including liability for claims, demands, damages,
obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees
and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”),
whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or
failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.
PPSC shall also indemnify, defend, and hold harmless the Cities for any claims arising from their use of
City vehicles.
The only exception to PPSC’s responsibility to indemnify, protect, defend, and hold harmless the
Indemnified Parties from Liability is due to the active negligence or willful misconduct of a City or its
elective or appointive boards, officers, agents and employees.
PPSC’s duty to indemnify, protect, defend and hold harmless as set forth in this section shall include the
duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code
§ 2778. PPSC waives any and all rights to express or implied indemnity against the Indemnified Parties
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concerning any Liability of the PPSC arising out of or in connection with the Agreement or PSSC’s failure
to comply with any of the terms of this Agreement.
16.B. Mutual Indemnification By Cities. Without limiting either of the Cities respective rights under
the Section 16.A, Rohnert Park and Cotati each agree to protect, save harmless, indemnify, and defend
the other, its governing body, officers, agents, and employees from any and all loss, damage or liability
(including injury and death), including without limitation, all reasonable legal fees, expert witness or
consultant fees and expenses related to the response to, settlement of, or defense of any claims or
liability, which may be suffered or incurred by the other City, its governing body, officers, agents and
employees, caused by, arising out of, or in any way connected with the respective responsibilities and
duties hereby undertaken, except that each City shall bear the proportionate cost of any damage
attributable to the fault of that City, its governing body, officers, agents, contractors, and employees. It
is the intention of Rohnert Park and Cotati that, where the Cities are not fully indemnified by PPSC for
any Liability arising out of the performance of this contract, that where fault is determined to have been
contributory between these two parties, principles of comparative fault will be followed.
16.C. The provisions of this section shall survive the termination of this Agreement.
17. Insurance
Without limiting PPSC’s indemnification provided herein, PPSC shall, at its own expense, procure and
maintain insurance that complies with the requirements set forth in Exhibit B to this Agreement, which
is attached hereto and incorporated by reference.
18. Notification
Any notice, demand, request, consent, approval or communication that any party desires or is required
to give to another party shall be in writing and either served personally or sent by prepaid, first-class
mail. Any such notice, demand, etc. shall be addressed to the other party(ies) at the address set forth
below. Any party may change its address by notifying the other parties of the change of address. Notice
shall be deemed communicated within 72 hours from the time of mailing if physically mailed as provided
in this section. Email is provided for convenience only.
If to Rohnert Park:
City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707.585.6717
Email: dajenkins@rpcity.org
If to Cotati:
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City Manager
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Phone: 707.665.3622
Email: dobid@cotaticity.org
If to PPSC:
19. Suspension of Services
Each City shall have the authority to suspend this Agreement and the services contemplated herein,
wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure
on the part of the PPSC to perform any provision of this Agreement. PPSC will be paid for satisfactory
services performed prior to the date of suspension. During the period of suspension, PPSC shall not
receive any payment for services or expenses incurred by PPSC by reason of such suspension.
20. Termination
This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by
any party upon 30 days' written notice to each other party. In the event this Agreement is terminated by
either City without cause, PPSC shall be entitled to any compensation owing to it hereunder up to the
time of such termination, it being understood that any payments are full compensation for services
rendered prior to the time of payment.
If PPSC fails to perform any of its obligations under this Agreement within the time and in the manner
herein provided or otherwise violates any of the terms of this Agreement, in addition to all other
remedies provided by law, the Cities may jointly terminate this Agreement immediately upon written
notice.
21. Severability
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or
unenforceable in any respect, then such provision or provisions shall be deemed severable from the
remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had not been contained herein.
22. Applicable Law and Venue
This Agreement shall be construed and interpreted according to California law, without regard to any
choice of law principles that may apply any other body of law. In the event that suit shall be brought by
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any party hereunder, the parties agree that a trial of such action shall be held exclusively in a competent
court of jurisdiction in the County of Sonoma, California.
23. Remedies and Waiver
No failure on the part of any party to exercise any term, covenant, condition, right or remedy hereunder
shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may
have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are
cumulative and alternative. As a condition precedent to commencing legal action involving a claim or
dispute arising from this Agreement, PPSC shall comply with claims presentation requirements under
the Government Tort Claims Act, California Government Code Sections 900 et seq. and any claims
presentation requirements imposed by ordinance of the Cities.
24. Time is of the Essence
Time is of the essence of this Agreement.
25. Merger; Amendment
This Agreement constitutes the complete and exclusive statement of the agreement between the Cities
and PPSC and shall supersede all prior negotiations, representations, or agreements, either written or
oral. This document may be amended only by written instrument, signed by all parties. All provisions of
this Agreement are expressly made conditions.
CITY OF ROHNERT PARK PETALUMA PEOPLE SERVICES CORPORATION
By:________________________/_______ By:___________________________/_
Name:____________________ (Date) Name: ______________________ (Date)
Title:______________________________ Title:________________________________
ATTEST:
__________________________________
City Clerk
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APPROVED AS TO FORM:
__________________________________
City Attorney
CITY OF COTATI
By:________________________/_______
Name:____________________ (Date)
Title:______________________________
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
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Exhibit A – Program Budget and Maximum Allowable Costs
Rohnert Park-Cotati SAFE Team Budget - 10.16.22 - 6.30.22
Expenses for 8.5 months at 24/7 service level.
DIRECT PERSONNEL EXPENSES NOTES
Program Director 36,100 .5 FTE for 8.5 months
Program Manager 17,459 .3 FTE for 8.5 months
Rohnert Park-Cotati Coordinator 42,730 1 FTE for 8.5 months
Part-time Clinical Supervisor 8,288 .25 FTE for 8.5 months
EMT Specialists 180,039 4.7 FTE for 8.5 months
Crisis Intervention Specialists 180,039 4.7 FTE for 8.5 months
Subtotal – Salaries 464,655
Direct Personnel - Taxes & Insurance 92,931 20% of Salary
TOTAL DIRECT PERSONNEL 557,586
OPERATING EXPENSES
Dues & Fees 884
Books & Subscriptions 94
Office Supplies 884
SAFE Medical & Other Expenses 18,420
Postage 536
Duplication & Printing 1,241
Staff Training 1,063
Staff Travel 1,420
Equipment 20,545
Equipment Repair & Maintenance 9,920
Insurance 10,625
Utilities 12,393
Communications 14,170
Audit 2,482
TOTAL OPERATING EXPENSES 94,677
INDIRECT 65,226 10% of Expenses
TOTAL EXPENSES 717,489
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Exhibit B – Insurance Requirements
PPSC shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by PPSC, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
“occurrence” basis, including products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25
03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if
Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per
accident for bodily injury and property damage. Liability coverage must include coverage for non-owned
autos with the Cities named additional insured.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and
Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or
disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to PPSC’s services under this
Agreement, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If PPSC maintains broader coverage and/or higher limits than the minimums shown above, the Cities
require and shall be entitled to the broader coverage and/or the higher limits maintained by the PPSC.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to PPSC.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Rohnert Park, its officers, officials, employees, and volunteers, and the City of Cotati, its
officers, officials, employees, and volunteers, are to be covered as additional insureds on the CGL policy
with respect to liability arising out of work or operations performed by or on behalf of PPSC including
materials, parts, or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to PPSC’s insurance (at least as broad as ISO
Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later
revisions used).
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Primary Coverage
For any claims related to this contract, PPSC’s insurance coverage shall be primary insurance providing
primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Cities, or their officers,
officials, employees, or volunteers, shall be excess of PPSC’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice
to the Cities.
Waiver of Subrogation
Consultant hereby grants to Cities a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the Cities or any of their officers, officials, employees, or volunteers, by
virtue of the payment of any loss under such insurance. PPSC agrees to obtain any endorsement that
may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether
or not the Cities have received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Cities. The Cities may require PPSC to
provide proof of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be endorsed to provide, that the
self-insured retention may be satisfied by either the named insured or by either of the Cities.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to both of the Cities.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of
contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the contract effective date, PPSC must purchase “extended reporting”
coverage for a minimum of five (5) years after completion of contract work.
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Verification of Coverage
PPSC shall furnish the Cities with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements
to Cities before work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive PPSC’s obligation to provide them. The Cities each reserve the right to require
complete, certified copies of all required insurance policies, including endorsements required by these
specifications, at any time.
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M:\00_Agendas - City Council\10-12-2021\PrePosting\8A S03_Draft Rohnert Park Safe Budget 1 1 22 _ 6 30 22 10/7/2021 / 12:11 PM
DIRECT PERSONNEL EXPENSES
Program Director (partial) 50%
Program Manager - manning role 30%
Program Coordinator 1 FTE 60k
Part-time Clinical Supervisor 40 at .25 fte
EMT Specialists 4.7
Crisis Intervention Specialists 4.7
Subtotal - Salaries
Direct Personnel - Taxes & Insurance
TOTAL DIRECT PERSONNEL
OPERATING EXPENSES
Dues & Fees
Books & Subscriptions
Office Supplies
SAFE Medical & Other Expenses
Postage
Duplication & Printing
Staff Training
Staff Travel
Equipment
Equipment Repair & Maintenance
Insurance
Building Maintenance take out/hide
Utilities
Communications
Audit
TOTAL OPERATING EXPENSES
INDIRECT
TOTAL EXPENSES
Please remit to PPSC
Report prepared by:___________________
Petaluma People Services Center
DIRECT PERSONNEL EXPENSES NOTES
Program Director 25,480 .5 FTE for 6 months
Program Manager 12,324 .3 FTE for 6 months
Rohnert Park Coordinator 30,160 1 FTE for 6 months
Part-time Clinical Supervisor 5,850 .25 FTE for 6 months
EMT Specialists 127,088 4.7 FTE for 6 months
Crisis Intervention Specialists 127,088 4.7 FTE for 6 months
Subtotal - Salaries 327,990
Direct Personnel - Taxes & Insurance 65,598 20% of Salary
TOTAL DIRECT PERSONNEL 393,588
OPERATING EXPENSES
Dues & Fees 625
Books & Subscriptions 63
Office Supplies 625
SAFE Medical & Other Expenses 13,000
Postage 375
Duplication & Printing 875
Staff Training 750
Staff Travel 1,000
Equipment 14,500
Equipment Repair & Maintenance 7,000
Insurance 7,500
Utilities 8,750
Communications 10,000
Audit 1,750
TOTAL OPERATING EXPENSES 66,813
INDIRECT 46,040 10% of Expenses
TOTAL EXPENSES 506,441
Rohnert Park SAFE Team Budget - 1.1.22 - 6.30.22
Expenses for second half of FY 2021 - 2022