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HomeMy WebLinkAboutR2026-062 20260323RESOLUTION NO. R2026-62 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an Interlocal Agreement with the Gulf Coast Center associated with the creation of a Crisis Co-Response Team. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Gulf Coast Center, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with the Gulf Coast Center. PASSED, APPROVED and ADOPTED this the 23rd day of March, A.D., 2026. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 1 of 9 INTERLOCAL AGREEMENT COOPERATIVE WORKING AGREEMENT Pearland Police Department Crisis Co-Response Team (CCRT) This Interlocal Contract ("Agreement") is made and entered into and effective as of the 1st day of March, 2026 pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"), by and between, the City of Pearland (the “City”) and the Gulf Coast Center (the “Center”), a community center and an agency of the State of Texas under the provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), as amended; as well as a Certified Community Behavioral Health Clinic (CCBHC). Purpose: Gulf Coast Center and the City of Pearland are implementing a Pearland Police Department Crisis Co-Response Team (CCRT), pairing Gulf Coast Center qualified mental health professionals with a Pearland Police Department mental health trained officer for co-response to crisis in the city jurisdiction. The CCRT team clinician will be initially funded by a Rider 48 Mental Health Grant for Justice Involved Individuals (MHG-JI) Grant through the Health and Human Services Commission (HHSC) for fiscal year 2026, and shall comply with Attachment A Scope of Work and Expectations. Gulf Coast Center will pursue a grant strategy to sustain the CCRT clinician position for the CCRT team for future fiscal years and continued availability of the clinician services will be dependent on the availability of state funding. RECITALS WHEREAS, pursuant to the Act, the Center and the City are authorized to contract with eligible political subdivisions of the State of Texas, to perform governmental functions and services, including governmental functions in which the contracting parties are mutually interested; WHEREAS, The Center is the Health and Human Services Commission (HHSC) designated mental health local authority established to plan, coordinate, develop policy, develop and allocate resources, supervise, and ensure the provision of community based mental health services for the residents of the City of Pearland, Texas and; WHEREAS, the Center plans to administer the HHSC grant and state funding and to provide the clinician staffing for the CCRT team using HHSC grant and state funding and desires to obtain a Cooperative Working Agreement (CWA) with the City for the project. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Center agree to the following terms, covenants, and conditions: Resolution No. R2026-62 Exhibit A Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 2 of 9 ARTICLE 1 – CENTERS RESPONSIBILITY AND SERVICES Section 1.01 The Center agrees to provide the qualified mental health professional worker and trainers’ time for the project including any necessary devices to effectively perform services under this Agreement. Section 1.02. Training And Continuing Education. All Center crisis line and Gulf Coast Center staff designated for the pilot project shall have training and education in the area of crisis and 911/988 services to stay current and compliant on evidence based best practices and the law. Section 1.03 Center staff designated to work for the CCRT initiative shall follow the Center telehealth policy, procedures, and program requirements. ARTICLE 2 – FINANCIAL AND OTHER SUPPORTS OF THE CENTER The CCRT team clinician will be initially funded by a Rider 48 Mental Health Grant for Justice Involved Individuals (MHG-JI) Grant through the Health and Human Services Commission (HHSC) for fiscal year 2026, and shall comply with Attachment A Scope of Work and Expectations. Gulf Coast Center will pursue a grant strategy to sustain the CCRT clinician position for the CCRT team for future fiscal years and continued availability of the clinician services will be dependent on the availability of state funding. Gulf Coast Center will have arrangements to invoice HHSC monthly for the clinician costs for CCRT team operations. The Center will continue to fund all non-grant covered GCC clinician costs for the CCRT initiative. ARTICLE 2 – FINANCIAL AND OTHER SUPPORTS OF THE CITY The City of Pearland will supply the office space for the CCRT team for this agreement period. The City will continue to fund all non-grant covered City costs for the CCRT initiative including officer costs, command costs, and vehicle operating costs. The City agrees to provide cost detail for the City’s costs to operate the CCRT team in the amount of $80,000 annually ($6,666 monthly) in support of the center’s invoicing of the state for reimbursement for clinician costs. ARTICLE 3 - TERM AND TERMINATION OF AGREEMENT This agreement shall become effective March 23, 2026 and remain in effect until March 22, 2027. This Agreement shall automatically renew for successive one (1) year terms unless either party provides written notice of termination at least sixty (60) calendar days prior to the next renewal date or that the designated funding is no long available. The total term of this Agreement, including all renewals, shall not exceed three (3) years. ARTICLE 4 – LIABILITY Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 3 of 9 Section 4.01 - No Personal Liability of Center. To the extent allowed by law the Center’s officers, either singularly or collectively, are not personally liable on this Agreement or for any breach thereof. Section 4.02 - No Personal Liability of the City. To the extent allowed by law, the City and its agents and employees, either singularly or collectively, are not personally liable on this Agreement or for any breach thereof. Section 4.03 - Independent Contractor Relationship Between the Parties. The relationship between the parties to this Agreement will be that of independent contractors. The parties agree that none of the provisions of this Agreement are intended to create, nor will be deemed or construed to create, any relationship between either party other than that of independent parties contracting with each other to carry out this Agreement. It is expressly agreed that personnel, if any, may not for any purposes be deemed to be an officer, emplo yee, agent, partner, joint ventures, ostensible or apparent agent, servant or borrowed servant of the other party. All the payments, withholdings, and benefits, if any, are the sole responsibility of employer of record. Section 4.04 – Allocation Responsibility. To the extent permitted by the constitution and laws of the State of Texas, and without the waiver of sovereign immunity or any other defense to which the parties may be entitled to assert, respectively, parties shall retain all applicable legal responsibility for their respective personnel or contractors working pursuant to this Agreement with respect to inter alia, pay, personnel benefits, injuries, accidents, losses, damages, and civil liability. This Agreement is not intended to change in any wa y the individual employee status or the liability or responsibility of any Party under applicable law. Notwithstanding the above, this Agreement does not confer any liability to either party that is legally attributable to the other party under the Texas Torts Claims Act. Further, nothing in this Agreement is intended or will be construed to create any rights or remedies for any third party and no third party is intended to be a beneficiary of this Agreement. Section 4.05 Insurance. During the term of this Agreement, Parties agree to maintain such policies of general and professional liability and other insurance, or a comparable program of self-insurance, at minimum levels as required by state law or, in the absence of a state law specifying a minimum limit, an amount customarily maintained the Parties in the region in which the Party operates. Such insurance coverage shall cover the acts and omissions as well as those of agents and employees. Parties agree to deliver certificates of insurance or other documentation as appropriate to show evidence of such coverage upon request. Parties agree to make best efforts to provide at least thirty (30) days advance notice, and in any event will provide notice as soon as reasonably practicable, of any cancellation or material modification of said policies. ARTICLE 5 - RECORDS, CONFIDENTIALITY AND ACCESS The parties hereto shall carry out their obligations under this Agreement in full compliance, to the extent the same may be applicable to them, with HIPAA and all security and privacy regulations issued thereunder, as amended, modified, or supplemented by the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) and regulations issued thereunder, and as the same may be amended and in effect from time to time during the term of Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 4 of 9 this Agreement (collectively referred to as the “HIPAA Privacy and Security Rules”) and all other current and future applicable State and U.S. Federal laws and regulations pertaining to the confidentiality of health information. The Parties will implement appropriate safeguards to prevent use or disclosure of Protected Health Information (“PHI”) and will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI that it creates, receives, maintains, or transmits. Parties agree to execute any and all authorization or agreement that may be required to comply with applicable state and federal law. ARTICLE 6 – CONFLICT, DISPUTES AND COMPLAINTS 6.01 Professional Conduct. During the term of this Agreement, Parties shall not engage in a business, calling, treatment, conduct or enterprise which is or may be contrary to the interest, benefit, or reputation of the other Party. Both Parties designated personnel will conduct his/herself in a professional and positive manner and not make untruthful or otherwise disparaging statements regarding his/her relationship with the other Party, its employees or persons served. 6.02 Personnel Conflicts and Complaints. In the event a complaint, concern or issue occurs during the term of this agreement, a report to the other party shall be made within 24 hours who has the authority to mitigate and address the concern. Center Contact City Contact Jerry Freshour Phone JerryF@gulfcoastcenter.org ARTICLE 7 – MISCELLANEOUS Section 7.01 - Laws. The parties hereto agree to abide with all applicable laws, regulations, and grant provisions of the United States, the State of Texas, and any other lawful authorities having jurisdiction. Section 7.02 - Notices. All notices, demands, or requests from one party to another shall be in writing and shall be personally delivered, sent by mail, certified, registered, or sent by express or overnight, postage prepaid to the addresses stated in this Section, or to such other address as the party may request in writing, and are deemed to have been given at the time of delivery: Pearland Police Department Gulf Coast Center Chief Johnny Spires Felicia Jeffery, Chief Executive Officer 2555 Cullen Blvd 4444 West Main Pearland, Texas 77581 League City, Texas 77573 281-997-4100 979-864-1200 jspires@pearlandtx.gov FeliciaJ@gulfcoastcenter.org Section 7.03 - Texas Law to Apply and Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 5 of 9 hereunder are performable in Pearland, Texas. Venue for any dispute arising under this Agreement between the City and the Center shall lie exclusively in Brazoria County, Texas Section 7.04 - Legal Construction. In case any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability does not affect any other provision hereof and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, if consistent with the overall intent of this Agreement. Section 7.05 - Amendment. No amendment, modification, or alteration of the terms of this Agreement is binding unless in writing, dated subsequent to the Effective Date and executed by the City and the Center or their successors and permitted assigns. Section 7.06 - Exhibits. All Exhibits attached to this Agreement are incorporated by reference. Section 7.07 - Counterparts. This Agreement may be executed in any number of counterparts, and each counterpart is deemed to be an original instrument, but all such counterparts together constitute but one Agreement. A photocopy or facsimile reproduction of an original signature of a party on this Agreement binds that party to the terms, covenants and conditions of this Agreement. Section 7.08 - Time is of the Essence. Time is of the essence in this Agreement. Section 7.09 - Headings. The headings, captions, and arrangements used in this Agre ement are for convenience only and do not affect the interpretation of this Agreement. Section 7.10 - Authority to Bind the City. The person or persons executing and signing this Agreement on behalf of the City guarantee that they have been fully authorized to execute the Agreement and to legally bind the City to all the terms and provisions of the Agreement. Section 7.11 - Authority to Bind Center. This Agreement is not binding upon the Center unless and until it has been executed by the Chief Executive Officer. The person or persons executing and signing this Agreement on behalf of the Center guarantee that they have been fully authorized to execute the Agreement and to legally bind the Center to all the terms and provisions of the Agreement. Section 7.12 - No Third-Party Beneficiary. Unless otherwise specifically stated in this Agreement, nothing in this Agreement is intended to, or shall be deemed or construed to, create any rights or remedies in any third party. Nothing contained herein shall operate (or be construed to operate) in any manner whatsoever to create any rights of any persons or duties or any responsibilities of City or Center with respect to such persons. Section 7.13 - Electronic or Facsimile Signatures and Duplicate Originals. Pursuant to the requirements of the Uniform Electronic Transactions Act in Chapter 322 of the Texas Business and Commerce Code and the Federal Electronic Signatures in Global and National Commerce Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 6 of 9 Act (beginning at 15 U.S.C. Section 7001), the Parties have agreed that the transactions under this Agreement may be conducted by electronic means. Pursuant to these statutes, this Agreement may not be denied legal effect or enforceability solely because it is in electronic form or because it contains an electronic signature. This Agreement may be executed in duplicate counterparts and with electronic or facsimile signatures with the same effect as if the signatures were on the same document. Each multiple original of this document shall be deemed an original, but all multiple copies together shall constitute one and the same instrument. SIGNATURE PAGE TO FOLLOW This agreement is executed by the parties in multiple originals on the dates set forth below following the authorized signature of the party representatives. PEARLAND POLICE DEPARTMENT GULF COAST CENTER ______________________________ _________________________ Chief Johnny Spires Felicia Jeffery, LPC Pearland, Texas Chief Executive Officer Date:______________ Date:_______________ 03 / 16 / 2026 Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F 3/25/2026 | 1:27 PM CDT Pearland Police-GCC CCRT Team Page 7 of 9 ATTACHMENT A Statement of Work and Expectations 1)Project Overview a)Pearland Police Department and Gulf Coast Center will provide services to support, launch and operate the Crisis Co-Response Teams (CCRT) from the City of Pearland jurisdiction. The CCRT team will include a mental health trained peace officer and a behavioral health professionals employed by Gulf Coast Center (GCC). b)The primary goals of this project are to: 1) be the primary response to mental health emergency calls in the City of Pearland during team assigned duty hours, 2) provide immediate response, stabilization, diversion from hospital and jail when appropriate, and a relief from burden of law enforcement response for persons in need of mental health crisis care and 3) enhance the ability of law enforcement to respond to public safety needs in a timely, effective, and efficient manner while affording citizens with emergent behavioral health care needs a medical model response. 2)Project Objectives a)Reduce the number of patrol units which respond to mental health emergency calls; b)Reduce hospitalization, emergency department visits, and jail bookings for person with mental health emergency care needs; c)Reduce repeat mental health emergencies for people living with chronic care needs in the Pearland community; d)Reduce reliance on public safety as the mental health care case coordination provider and increase public safety time for police staff resources; and, e)Reduce police use of force on calls with a mental health care element; 3)Work Product and Expectations In furtherance of the Project objectives set forth above, the Subgrantee shall conduct the activities and produce the deliverables for the Project described below. a)Subgrantee will: i)Be participating members of a CCRT team as defined in this attachment. ii)Provide services for public safety mental health related calls for service to the Pearland communications center to alleviate the call burden to the police department including calls which may present with moderate public safety risk. iii)Leverage community partnerships to ensure continuity of care following stabilization, hospital transport, or emergency detention. iv)Provide proactive prevention and intervention services for persons who are chronically experience mental health crisis and therefore rely on emergency services. v)Make recommendations for developing or procuring necessary staffing and functionality to support a cohesive team environment; Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Pearland Police-GCC CCRT Team Page 8 of 9 vi)Ensure adequate staffing to complete outreach and follow-up activities as well as attend critical case staffing with mental health community partners; vii) Assign equipment, and duty shifts in accordance with the mutually agreed upon staffing schedule. viii)The Gulf Coast Center administrative representative and shift supervisor will notify the CCRT Team operational and administrative supervisor immediately with shift vacancies and provide alternative staff for the shift. ix)Maintain records in cooperation with City of Pearland for program evaluation. x)Ensure all assigned staff follow mutually agreed upon policies and procedures to achieve program goals and outcomes. xi)Support the development of quality assurance and evaluation plans; and xii) Support the development of data collection and storage plans. 4)Activities, Support, and Milestones a)Organizational, development, and budget preparation: i)Prepare and approve program budget annually ii)Monitor budget expenditures monthly and prepare a modified budget as needed with no expectation of additional funding but goal setting for fund raising. iii)Support streamlining of job posting/hiring process or recruiting and assigning staff for key positions necessary for program development; iv)Complete training plan for all positions within the CCRT Team; v)Determine regulatory requirements, develop materials and processes, and support implementation for community-based treatment, outreach, hospital, and jail diversion; vi)Develop team follow-up protocols and productivity standards ensuring 60% of team time is spent face-to-face with a client; and vii) Ensure team is fully staffed and operational at all times. b)Project Development and Structure With public, client, team, and officer safety as a continuous primary objective, the CCRT Team shall serve as the primary response for mental health emergency calls, which do not present a severe threat of immediate violence, received by the City dispatch or 911 call center during CCRT Team deployment hours. i)Subgrantee’s Project development will include the following: (1)CCRT Team Development and Operation (a)The Gulf Coast Center (GCC) will provide Qualified Mental Health Professional for the operation of the CCRT Team (b)The GCC staff will be employees of the Gulf Coast Center, and have at least bachelor’s degree-level education (c)The GCC staff will provide services as described in this attachment for CCRT policy brief, project objectives, and standard operating guidelines. (d)Gulf Coast Center will maintain records in such a way to program evaluation. Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F ii)Alternate GCC Staff (1)A Mobile Crisis Outreach Team (MCOT) clinician may be used for the position if the GCC staff assigned to the CCRT Team is temporarily unable to fulfill their duties (such as due to illness or scheduled leave) (2)The use of an MCOT clinician does not require additional grant funding and does not reduce the operating hours stipulated within this agreement. c)Provide Data i)Subgrantee shall develop and maintain monthly statistical data in collaboration with the City and provide upon request: (1)CCRT shall provide CCRT Team Data including: (a)Total number served; (b)Unduplicated number served; (c)Unduplicated hospital diversion; (d)Unduplicated jail diversion; (e)Total and Unduplicated number of outreach calls; (f)Total and Unduplicated number of follow up calls; and (2)Additionally, the Gulf Coast Center will assist to complete studies to demonstrate officer time spent on mental health emergency calls to include: (a)Number of patrol units dispatched to, and individual officer time spent on, mental health emergency calls: (3)Each subcontractor will provide an expenditure report reflecting actual program expenditures no later than the 5th day of each month for the following month. 5) Application of Subgrant Funds, Payment Schedule, and the Subgrantee’s Contributions The City of Pearland will supply the office space for the CCRT team for this agreement period. The City will continue to fund all non-grant covered City costs for the CCRT initiative including officer costs, command costs, and vehicle operating costs. The City agrees to provide cost detail for the City’s costs to operate the CCRT team in the amount of $80,000 annually ($6,666 monthly) in support of the center’s invoicing of the state for reimbursement for clinician costs. Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F